Palace official expects budget to be signed before Easter break
THE PROPOSED 2019 national budget could be signed as early as this week and may not be allowed to lapse into law in its current form, according to Cabinet Secretary Karlo Alexei B. Nograles, who also signaled the possibility of a veto because such veto messages “happen every year.”
Mr. Nograles also said that it might be better if the period of effectivity of the 2019 budget is extended until “middle of 2020.”
“Before Holy Week, maaring mapirmahan ng Pangulo ’yan… Kasi kung lapsed into law ’yan, as is, kung anong sinubmit ng both Houses of Congress (“The President could sign the Budget bill before Holy Week…If he allows it to lapse into law as is, then the version submitted by both Houses of Congress (will be enacted)” Mr. Nograles told reporters at the Palace on Monday night.
He added: “Vini-vet na ngayon, pinag-aaralan na (We are vetting the budget) and we are hopeful that the President will sign the budget maybe this week or next week, hopefully before the Holy Week.”
The Holy Week or Easter holidays include Thursday, April 18, and Friday, April 19, though many workers typically take the week off.
Asked if there will be a veto, he said: “Every year naman may veto message naman ang Pangulo (every year there is a veto message) and that’s part of the prerogative of the President… and before he signs it kasama dyan ’yung pagvi-vet at pagfa-finalize ng veto message (the process of signing includes vetting and finalizing the veto message), so ideally, by practice, and historically, there is always a veto message.”
On the possible items that will be vetoed, he said the Cabinet has not discussed the matter.
Asked to comment on the infighting that led to the budget delays and the reenactment of the 2018 budget and what could have been done to avoid it, he said: “As far as the Executive Branch is concerned, on time naman (it was on time). In fact, the Executive gave the National Expenditure Program to Congress much, much earlier… during the State of the Nation Address.”
“It really depends on both Houses of Congress (how fast they transmit the General Appropriations Bill) to the Executive Branch.”
He added that the effectivity period of the 2019 budget needs to be extended until the middle of 2020.
“Maaring until mid of 2020 ang dapat na ma-expand ang budget na ito or maaring sa next Congress hingi ka ng joint resolution sa Congress na ito extending the effectivity of the budget. (We might ask the next Congress for a joint resolution to extend the effectivity of the 2019 budget until the middle of 2020),” he said, in order not to disrupt the key projects in the pipeline for 2020. — Arjay L. Balinbin
Water dep’t bill to become a LEDAC priority item
A BILL establishing a Department of Water should be included on the agenda of the Legislative Executive Development Advisory Council (LEDAC) for the 18th Congress, Cabinet Secretary Karlo Alexei B. Nograles said.
Senate President Vicente C. Sotto III, a LEDAC member, told BusinessWorld that he will support this move. “Yes,” he said in a phone message when asked if he will support Mr. Nograles’s proposal.
Speaking with reporters at the Palace on Monday night, Mr. Nograles said that President Rodrigo R. Duterte has “approved in principle” the executive order (EO) that would harmonize all water policy-making agencies under the Office of the President.
“Tingin ko kailangan na ilagay sa LEDAC because of the fragmented approach that we have. (“I think we need the measure to be a LEDAC priority because of the fragmented approach that we have.”) Kasi ‘yung EO na gagawin natin can be superseded and amended by the next administration… (“Any EO can be superseded and amended by the next administration…”) They may just overrule or cancel that EO then we go back to our old ways,” he said.
“With a Department of Water, you have to pass through Congress. So ideally it has to be institutionalized… We hope we will have allies in both Houses of Congress para hindi lamang itong pinu-push natin na Department of Water ang possible na maisulong at maipasa natin (in order to pass other legislation, not just the Department of Water,”) he said.
Senator Paolo Benigno A. Aquino IV filed last month Senate Bill No. 2216 calling for the creation of a Department of Water that will “help avoid a repeat of the water shortage” in Metro Manila.
On the draft EO, Mr. Nograles said: “So the draft has been given to the Office of the Executive Secretary. [It’s] already for vetting. So finalization na lang ‘yun ng draft, so pipirmahan na lang ‘yun ng Pangulo. (The draft is being finalized for signature).”
Asked about details of the EO, he said, “Basically we want to create a master plan in terms of managing our water resources. But in order to create a master plan, we have to get everybody, all the water sector bodies, offices, agencies, and departments to get together and coordinate with each other. The best thing to do that is to put them under the Office of the President, so pending Congress passing the Department of Water (bill), this is the fastest way that we can resolve all our water resource issues and concerns.”
The water body that the EO hopes to create will also take part in reviewing the government’s agreements with water concessionaires.
“Yes kasama ‘yan sa mag-rereview (the body will be involved in the contract review),” he said, referring to the order of the President to have all government contracts reviewed.
He also said that no employees or departments will be displaced or dissolved when the EO takes effect. — Arjay L. Balinbin
PCCI renews call for ‘market forces’ to determine sugar price
THE Philippine Chamber of Commerce and Industry (PCCI) renewed its call for liberalizing the sugar importing process, saying that market forces need to determine prices amid protections for domestic producers and suspicions of market manipulation at the wholesale and distribution level.
“I believe the liberalization is required to allow market forces to dictate the price,” PCCI Chairman George T. Barcelon said in a mobile message on Tuesday, after being asked for comment.
The Sugar Regulatory Administration (SRA) said there is no reason for high sugar prices as warehouses are currently overflowing.
The PCCI has been calling for the liberalization of sugar imports modeled on the opening up of the rice market, defending the interests of the food and beverage industry which is a major user of the sweetener and passes on any high ingredient costs to consumers.
“If the supply is abundant I agree with SRA that there is no reason for prices to rise. But the fundamental factor of free sourcing is better for all players concerned,” Mr. Barcelon said.
Asked if this might lead to sugar flooding the market, Mr. Barcelon replied, “Maari (It could).”
On Sunday, SRA Administrator Hermenegildo R. Serafica said that “sugar stock balance is at an all-time high of over 1.1 million metric tons (MT) that is 143% of last year’s stock balance during the same period.”
Mr. Serafica added: “Mill gate prices have been holding steady between P1,450-P1,550 for the past five months. In fact, this week’s average mill gate price is at P1,454. This is already on the low side compared to sugar prices for the past five years.”
“Those who are spreading rumors of sugar prices increasing are trying to manipulate the market so they can increase their profits at the expense of the consumers and producers,” according to Mr. Serafica. — Reicelene Joy N. Ignacio
Dominguez calls for more ADB-World Bank coordination, less duplication of functions
FINANCE Secretary Carlos G. Dominguez III cited the need for closer ties between the World Bank and the Asian Development Bank (ADB) to respond more effectively to the financing needs of the Asia-Pacific region.
In a statement on Tuesday, Mr. Dominguez said that the multilateral lenders should coordinate closely to help weed out duplicated functions.
He made the call during the Association of Southeast Asian Nations (ASEAN) 23rd Finance Ministers Meeting last week in Chiang Rai, Thailand.
“So I’d like to suggest, especially on behalf of the smaller countries, that ADB and World Bank consider becoming more closely coordinated, and perhaps look for areas where they can cut their own internal costs in servicing the other needs of ASEAN,” Mr. Dominguez said.
Taking the point of view of both institutions, he added that he does not see the need for “spending so much overhead in duplicating (the roles) of both ADB and World Bank around the region.”
“From the point of view of the client, why do we have to deal with two bureaucracies for the same purposes?”
Mr. Dominguez represents the Philippines in the Governor’s Boards of the ADB and the World Bank.
Apart from the Philippines, Cambodia and Vietnam also called on the multilateral institutions to work closely and complement their efforts in alleviating poverty in the region.
He made the statement after the presentations of the multilateral banks before the ASEAN Finance ministers about their respective financing programs in the region.
Former United States Treasury Undersecretary and now World Bank President David Malpass told Mr. Dominguez in a phone conversation in February that close collaboration between the World Bank and ADB will enable the institutions to “build on each other’s strengths.”
Mr. Dominguez also expressed appreciation for the two banks for helping the Philippines develop new reform policies and secure financing support for the government’s massive infrastructure push.
“Our engagement with ADB has been the most intense I think in the last 20 years; so with the World Bank,” he added.
Of the 75 flagship projects under the government’s “Build, Build, Build” program, 44 are in various stages of implementation, 24 are undergoing pre-investment study and the remaining seven are for review.
The government embarked on an P8-trillion infrastructure spending program until 2022 in an effort to boost economic growth to 7-8% each year. — Karl Angelo N. Vidal
Tax court voids P62.4-million BIR tax assessment
THE Court of Tax Appeals (CTA) ordered the Bureau of Internal Revenue (BIR) to refund or issue a tax credit certificate to industrial gas supplier Linde Philippines, Inc. over an erroneous tax deficiency amounting to P62.4 million.
In a 26-page decision on March 28, the CTA special third division granted the petition of Linde Philippines after ruling that the assessment for its alleged final withholding tax and value-added tax deficiencies for the fiscal year ending in September 2007, which the company paid, is invalid as it was assessed by revenue officers who were not authorized by a Letter of Authority (LoA).
The CTA found that an LoA was issued to certain officers to assess Linde Philippines but officers not named in the LoA conducted and recommended the issuance of assessment notices to the taxpayer.
“Not having the authority to conduct audit of petitioner through a valid LoA, the resulting assessment in the PAN (preliminary assessment notice) and FAN (final assessment notice), are deemed void,” the CTA ruled.
The CTA also noted the significance of an LoA, citing a previous Supreme Court ruling.
“It bears stressing that the authority of BIR examiners to conduct audit investigation goes into the validity of an assessment; thus, any assessment arising from the conduct of audit examination of a taxpayer’s books of account by a BIR examiner who is not duly authorized to do so is a complete nullity. A void assessment bears no valid fruit,” the CTA said.
The court also said the revenue officers who assessed Linde Philippines were authorized through a Memorandum Referral and not an LoA. “Without a validly issued LoA, the resulting assessment or examination conducted is a nullity.
According to the Tax Code, the Commissioner or his duly authorized representative may authorize the examination of a taxpayer.
Under the Revenue Memorandum Order No. 43-90, all audits/investigation should be conducted under a LoA. In case of any re-assignment or transfer to another revenue officer, a new LoA should be issued.
The decision was written by Associate Justice Esperanza R. Fabon-Victorino and concurred in by Associate Justice Ma. Belen M. Ringpis-Liban. — Vann Marlo M. Villegas
Employees need to take charge of their own skills upgrades
SKILLS upgrades in the work force are not the sole responsibility of employers, with employees also needing to play a part, International Data Corp. (IDC) said.
In an interview with BusinessWorld, IDC Philippines Head of Operations Randy Roberts said workers and management should collaborate in adapting workers’ skills and knowledge to the growing automation and digitization of business.
Mr. Roberts added that there should be a clear focus on which skills are needed by workers and aligned with the company’s needs.
“The private sector certainly has to offer to take some responsibility to retain, upskill, or reskill their own employees based on where their strategies are going or what kind of skills they need,” he said.
According to an IDC study in partnership with Microsoft Corp., employers see not only technological skills as the most essential but also cognitive, social and emotional skills.
Cognitive skills include basic data input and processing, literacy, numeracy, and communication, as well as higher-level skills like creativity, critical thinking and decision making, project management, and quantitative, analytical and statistical skills.
On the other hand, social and emotional skills include communication and negotiating skills; entrepreneurship and initiative taking; interpersonal skills and empathy; and leadership and managing others.
“These are not technical skills but these skills are so high in demand for the future. The private industry needs to take the initiative in educating the people,” Mr. Roberts said.
He said that as much as management needs to address the issue of retaining and upskilling employees, workers also have to take charge in wanting to learn.
“Workers themselves need to take some responsibility… to retrain themselves,” he said, adding that the company views Filipino workers as proactive in wanting to learn new skills.
According to IDC, companies in the Philippines are positive in gearing towards digital transformation but the country itself has yet to reach “digital determination” or offer innovative solutions, services, and products.
IDC recommends training in new skills in order that innovation developed by companies are properly executed. — Gillian M. Cortez
Poultry market forces currently distorted by high prices
POULTRY growers said potential investors in the sector should not be misled by high retail prices because farmgate prices are actually falling and competition in the sector is intensifying.
Elias Jose M. Inciong, United Broilers Raisers Association (UBRA) president, said Tuesday: “On the issue of investment, there is a need for a better data system so that all interested parties can decide rationally.”
“Right now, many are misled by high retail prices,” Mr. Inciong said.
UBRA has called for the abolition of the minimum access volume (MAV) on chicken in order to apply special safeguards (SSG) to protect the domestic poultry industry.
Falling farmgate prices emerged in late 2018 due to oversupply. Agriculture Secretary Emmanuel F. Piñol said in January that the poultry industry should increase farmgate price by P10 weekly, a move flagged by the Philippine Competition Commission (PCC).
Mr. Inciong said “competition will be fierce” when asked if the oversupply situation is expected to improve.
“Intended production based on the breeders in place (is pointing to) an expansion. As to whether that increase in production will mean more profits is another matter,” Mr. Inciong said.
According to UBRA’s weekly farmgate price report of April 5, off-size chicken in Tarlac averaged P62 per kilogram (kg), while off-size chicken in Bulacan was P66.
Regular-size chicken was P64 per kg in Tarlac and P66 in Bulacan.
Prime-size chicken in Pampanga was at P73 per kg, P71 in Tarlac, P67 in Pangasinan, P66 in Bulacan, P77 to P79 in Rizal, P68 to P70 in Laguna, P68 to P71 in Batangas, and P68 to P72 in Cavite, he said. — Reicelene Joy N. Ignacio
A call for energy transparency
Aside from the rising temperature brought about by the summer season and the heated debates of candidates in the May 2019 elections, another hot topic is the concern over the Philippine power supply situation.
From March 5 to 8, April 1 to 5, and quite recently on April 8, the Luzon grid plunged in and out of yellow alerts due to high forecasted system demand, forced and unplanned outages, and limited capability of power plants due to de-ration.
A yellow alert is issued by the National Grid Corporation of the Philippines (NGCP) when operating reserves drop below the required 647 MW contingency in Luzon, or equivalent to the largest unit in Luzon, which is the coal-fired power plant in Sual, Pangasinan. Meanwhile, a red alert is issued when the contingency reserve is zero or when a generation deficiency exists.
In the first half of 2019 alone, the Luzon grid already experienced almost ten (10) yellow alerts. Comparing this to previous years, we had only seven (7) instances of yellow alerts in 2018 and only three (3) during the same period in 2017.
In the eyes of the government, a yellow alert should not be cause for alarm and panic. While this is true, the consistency of yellow alerts in the eyes of the public, on the other hand, signals a thinning of supply reserves. More so if electricity demand is forecasted to reach its peak in the coming months.
Consumers cannot be left in the dark
Despite the assurance of the Department of Energy (DOE) that there is sufficient power supply, the current power situation reflects otherwise. Initially, the DOE wanted to do away with the public announcement of yellow alerts or the thinning of electricity reserves as it is allegedly one of the reasons for price fluctuations in the Wholesale Electricity Spot Market (WESM).
As a result, different consumer groups called for transparency during power alerts.
Consumer group CitizenWatch Philippines warned against the occurrence of tightness in power supply, particularly if the actual available supply remains below forecast amidst rising demand. It likewise raised the concern of price spikes and disruptions in productivity causing unnecessary discomforts to all Filipino consumers.
Laban Konsyumer, Inc. demanded disclosure and transparency from the market operator “to ensure competitive market behavior among spot market participants especially in periods of tight supply and to police the spot market participants against taking advantage of the tight supply on collusion in the spot market prices.”
For its part, InfraWatch stressed the urgency of addressing the power situation to avert a crisis similar to what happened in the water industry. Another group called Bantay Konsyumer, Kalsada, Kuryente (BK3) cautioned the public of a possible collusion in power generation resulting in low supply and high prices in the spot market, just like what happened in 2013.
With public clamor for transparency, thankfully the DOE responded immediately and published its first Yellow Report Monitoring on April 08, 2019.
Monitoring not enough, accountability needed
Government efforts to monitor the power demand and supply are commendable, but this is not enough. Accountability for power interruptions and outages should be in force. This especially holds true on the part of the generation companies as their generation charges comprise a large chunk of what consumers pay in their electricity bills.
No less than the EPIRA dictates its obligation, to wit: Generation of electric power shall be competitive and open. This provision entails that abuse of market power and its anti-competitive behavior should always be observed.
This obligation is underscored now more than ever as electricity rates are set to increase this month. This price hike is attributable to higher charges from the Wholesale Electricity Spot Market from the tight supply in the Luzon grid and the weakening of the peso against US dollar.
In a DOE press conference last week, the Independent Electricity Market Operator of the Philippines (IEMOP) explained the correlation of prices and supply considering that there is pressure on electricity prices in the spot market if there is a reduction in reserves.
Moreover, the interruptible load program (ILP) was discussed as a measure in averting power shortage anticipated during the summer months. Under the ILP, distribution utilities and participating customers enter into an agreement for voluntary full or partial de-loading or reducing the amount of load connected to the distribution grid during the peak hours of the day.
Having a stable supply of power is a matter that is imbued with public interest and general welfare. As the confidence of electricity consumers and the integrity of the electricity market largely depend on the transparency of data, measures should be made to ensure transparency through an energy platform.
Through this platform, the public is informed, in an efficient and timely manner, about the power plants which are on forced or unplanned outages along with its corresponding reasons.
Hannah Viola is a lawyer and Energy Fellow of the Stratbase ADR Institute and Convenor of CitizenWatch Philippines.
Presidential orders to kill
We could be the only country in the world where the head of state gives public orders to the bureaucracy to “kill” suspected criminals (e.g., drug addicts, pushers, not necessarily drug lords, and lately, smugglers). He has gone further. Rodrigo Duterte has publicly mandated the Customs officials to arm themselves (specifically with Gluck brand pistols) and “to learn the art of assassination.” As far as I know, the presidential spokesman has yet to explain this away as just another “joke.”
Meanwhile, the President has excused former Customs Commissioner and old friend now recycled as TESDA head Isidro Lapena whom he calls “Sid” because the smugglers got past him since he is just a naïve probinsiyano (innocent country bumpkin?).
Can we still hold our heads high in the world as a democracy that adheres to due process and rule of law?
We are becoming more and more governed by a rule of man, not of laws. Rodrigo Duterte can decide what is lawful and not lawful. Alarmingly, before the end of his term, he will have control of the disgraceful Supreme Court, having appointed majority of the justices. He has even appointed as Chief Justice the notorious Lucas Bersamin, the ponente of the San Miguel Corporation coco levy shares awarded to Danding Cojuangco since, the ponente declared, “there was no evidence that he was a Marcos crony.” Bersamin also supported the burial of Ferdinand Marcos at the Libingan ng Mga Bayani.
Duterte has ignored issues of conflict of interest brought against his appointee as Solicitor-General, the government’s chief legal counsel. Jose Calida has not denied having multi-million peso contracts with various government agencies to provide security services; and he has not lost his job nor even been publicly chastised by his boss despite the solid issues brought against him. And it seems Calida has not been required to give up those contracts. So, how do we expect the SolGen to prosecute heads of government agencies who may have been accused of corruption if he is benefitting from business with them? Ah, but the President has not, it seems, raised a fuss about this. And he happens to be the Law these days.
Lately, for a change, Duterte has been making bold statements regarding the Panatag Shoal controversy, even warning China if they dared to occupy the territory. He has gone as far as to announce the possibility of a “suicide mission” to Pag-Asa. I suppose they will plant a Philippine flag and take a jet ski there? Ping Lacson has offered to accompany him there to bolster his shaky nerves. What, finally, after a long series of timid explanations as to why we cannot assert our sovereignty over the West Philippine Sea despite our UN Arbitral Court victory? Did he get permission to make such bold statements from his China allies, to ignore his brashness because it is an election period?
It took the courageous filing of a suit in the International Criminal Court (ICC) by two civil service retirees, former DFA Secretary Albert del Rosario and former Ombudsman and Associate Justice Conchita Carpio Morales, in defense of Filipino fishermen who were being harassed by Chinese militia posing as fishers in our own waters to raise Duterte’s timid haunches. The daring duo also raised the crucial issue of destruction of our corals by the Chinese reclamation of isles into military facilities, thus reducing the marine life in our ocean territories.
Thank God for the nerve demonstrated by superseniors del Rosario and Carpio-Morales, an increasing number of activists and journalists are exposing more and more of the failures of this government to do its constitutional duty of defending our territories and the rule of law. The beleaguered Rappler and PCIJ professional investigative journalists have gone further in risking their freedoms with their series of well-researched revelations of misconduct among the President and his family and allies which the Duterte family must refute with contrary evidence.
It is hard to believe that some intelligent people in business and the professions that I happen to know actually support Rodrigo Roa Duterte. Are we all falling into the abyss of unconsciousness?
Duterte now controls the Lower House. He seems to be almost in control of the institutions that are supposed to ensure justice and the rule of law. And he seems close to gaining control of the Senate, where you need 17 votes out of 24 to win dominance of national policy. More and more non-performing entertainers, accused plunderers and comedians will become our national policymakers. Already the husband of one of my friends calls us “Disneyland.”
What kind of a nation shall we become? What will happen to our children and their children? Are we going to just stand by and let these ghastly developments happen to our country? Or shall we do every little bit to help a miracle happen for serious and competent independents to gain control of the incoming Senate?
Teresa S. Abesamis is a former professor at the Asian Institute of Management and an independent development management consultant.
The future of our children
To honor its obligations under the United Nations Convention on the Rights of the Child, Congress on July 2005 passed Republic Act No. 9344, otherwise known as the “Juvenile Justice and Welfare Act of 2006.” In its Declaration of State Policy, Congress discussed how the State recognizes “the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, taking into account the child’s age and desirability of promoting his/her reintegration.”
Hence, under R.A. 9344, children 15 years of age or under were exempted from criminal liability, subject to an intervention program as outlined in the said law; while children above 15 years of age but below 18 years were likewise exempted from criminal liability unless they acted with discernment.
Almost fifteen years later, the Philippines House of Representatives startled the nation when it sought the passage of House Bill 8858 (HB 8858), lowering the age of criminal responsibility for the commission of crimes to 12 years old. The child would however be subjected to an intervention program under Section 20 of R.A. 9344, which will also be amended to read “that a child who is above twelve years of age up to fifteen (15) years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall be mandatorily placed in a special facility within the youth care facility or ‘Bahay Pag-asa’ called the Intensive Juvenile Intervention and Support Center (IJISC).”
Under HB 8858, the Department of Social Welfare and Development will be tasked with the building, funding and operations of these Bahay Pag-Asa, while the respective local government units already operating and maintaining these centers shall continue to retain management of the same, unless the latter opts to yield management to the DSWD.
Further, to deter perpetrators from using children for the commission of crimes, HB 8858 seeks to impose a stiffer penalty on any person who, in the commission of a crime, makes use, takes advantage, or profits from the use, of a child. Such person and anyone who abuses his/her authority over the child, shall be punished by reclusion temporal (12 years to 20 years) if the crime committed is punishable by imprisonment of six (6) years or less, and by reclusion perpetua (20-40 years) if the crime committed is punishable by imprisonment of more than six (6) years.
Subsequent to the passage of HB 8858, the Senate likewise approved Senate Bill 1298 (SB 1298), which concurs with the lowering of the age of criminal responsibility to twelve (12) years old, as well as the provision of stiffer penalties for perpetrators who utilize or coerce children to commit any crime.
SB 1298, however, emphasizes that the allocations necessary for building, funding and operating the Bahay Pag-Asa must be included in the budget of the DSWD in the annual general appropriations act. In addition, children committed to a Bahay Pag-Asa may be released to the child’s parent, guardian or foster parent upon order by a court, and after a comprehensive study conducted by the DSWD.
These recent developments in the separate bodies of Congress have once again stirred debates among members of society. While some believe that the passage of these bills into law is a step backwards from our commitment to uphold the welfare of children, others also believe that the lowering of the age of criminal responsibility is necessary, given what appears to be increasing incidents of crimes being committed by children in conflict with the law. In addition, there is an equally valid concern that the Bahay Pag-Asa we have at present are in reality incapable of meeting the desired goal of reformation of these committed children, owing largely to the lack of facilities.
While several months have passed since the approval of HB 8858 and SB 1298, the upcoming elections appear to have forestalled any development in the passage of a singular bill to finally be voted on by Congress. Whether the next Congress picks up on these bills remains to be seen, but it appears that at the moment, people who are for or against the lowering of the age of criminal responsibility may still have the opportunity to determine the kind of Congress they would want to decide on such crucial matters for the next few years.
This article is for informational and educational purposes only. It is not offered as and does not constitute legal advice or legal opinion.
Emiko Antonette T. Escovilla is an Associate of the Angara Abello Concepcion Regala & Cruz Law Offices – Davao Branch (ACCRALAW). She is currently training with the Litigation and Dispute Resolution Department at ACCRALAW Head Office in Taguig City.
(632) 830-8000
Ramboterte
First, Malacañang spokesman Salvador Panelo described as “futile” the recent complaint against Chinese President Xi Jingping filed by former foreign affairs secretary Albert del Rosario and former Ombudsman Conchita Carpio Morales over China’s transgressions in the West Philippine Sea. Now, President Rodrigo Duterte has issued a blunt warning to his erstwhile friend to back off from Pagasa Island or else he will order “suicide missions” against the obviously superior Chinese forces.
The Duterte warning comes after he received reports that over 200 Chinese vessels have begun to apply its “cabbage” tactic against Pagasa, with the apparent objective of choking the Philippine presence on the island.
Duterte, who has insisted that he still wants to remain friends with China, declared, “I will not plead or beg, but I am just telling you that lay off the Pag-asa because I have soldiers there.”
The news has been carried by international media and has been described as the first time Duterte has been this blunt to the Chinese over territorial disputes in the West Philippine Sea.
Duterte added, “If you touch it (Pagasa), that’s another story. Then I will tell my soldiers ‘prepare for suicide missions.’”
You might call them the Rambotertes.
Of course, the reason for describing an armed conflict with the Chinese as suicidal is because of the obvious superiority of China’s military. The fate of the Rambotertes could be worse than that of the Fallen Forty-four.
But why has Duterte changed his tune?
Has Duterte finally realized that he is being regarded as full of hot air because of his passivity towards the Chinese in contrast to his fire and thunder rhetoric against his political opponents and his undiplomatic language against his international critics? Or is it because he wants to gain brownie points in the forthcoming elections with voters who have begun to doubt his strongman persona?
Or is it because he has been reassured of US military support in case of an armed conflict with the Chinese? In a recent visit to Manila, US Secretary of State Mike Pompeo reportedly gave the assurance that the US will come to the Philippines’ aid in case of an armed attack by the Chinese. Pompeo was clearly referring to the tensions in the West Philippine Sea.
Observers believe the reasons for Duterte’s bluntness are all of the above. Duterte’s popularity with his base has been mainly due to his tough guy stance. Even his visual symbol is a clenched fist. But his fawning attitude towards the Chinese has increasingly been described by his critics as cowardice – and that apparently is the one thing that hurts Duterte’s macho ego.
To be realistic, the Philippines has a puny military compared to the Chinese and our country would be like a little mouse roaring at the dragon. But critics have demanded that, as the leader of a sovereign nation, Duterte should at very least defend our rights in the proper international forums. Which was what then President Benigno Aquino III and then Foreign Secretary Albert del Rosario did, and which was what Senior Associate Justice Antonio Carpio has repeatedly urged Duterte to do.
But Duterte did the opposite when he disregarded the ruling of the international maritime tribunal that China’s claims had no legal basis. Duterte’s apologists have tried to justify this by claiming that ruffling the feathers of the Chinese would jeopardize negotiations for economic aid and infrastructure loans.
But even this rationale has worn thin because of China’s allegedly predatory lending tactics which have resulted in its taking over facilities of countries that have had difficulty paying back development loans.
With his rationalizations becoming less and less defensible, Duterte may have found something to fall back on with the recent reassurance given by Pompeo. Added to this have been the continuing activities of the U.S. navy in the South China Sea, which the Chinese have characterized as increasing tensions in the area.
Just recently, naval forces of the U.S. and the United Kingdom conducted joint exercises in the South China Sea. The Chinese have been unable to do anything about this not-so-subtle warning that there are superior military powers that can make them behave.
The Americans have made it clear that they intend to exercise freedom of navigation in the South China Sea. They are, in a manner of speaking, placing a chip on their shoulder and daring the Chinese to knock it off. At this point, Beijing knows better than to take on the 7th Fleet.
Of course this is not necessarily because of America’s fondness for the Philippines. The South China Sea lanes are of utmost political, military and economic importance to the US and the Americans won’t be deprived of the freedom to navigate the area.
US military officials have expressed growing concern over China’s increasing military might. They know that China is raring to reclaim Taiwan, as well as take over the entire South China Sea area, but they do not believe that China has the capability at this point in time. However, the Chinese are famous for biding their time.
But what could force the hand of the Chinese military is an armed conflict with the Philippines over Pagasa. If Duterte makes good his threat to dispatch suicide missions to defend Philippine sovereignty, the Chinese dragon may have to think twice about crushing the pesky Pinoy mouse.
But the Chinese will have to worry about an American military reaction to such a conflict. Thus, any action that the Chinese may take against the Philippines will have to be “measured” and “calculated.”
The “cabbage” tactic — which is a process of wrapping up the disputed territories like several layers of cabbage leaves — is precisely such a measured and calculated move. If Duterte’s Rambotertes suddenly strike at the Chinese vessels in a suicide or surprise attack, the Chinese can pretend to be the victims of unprovoked violence and will claim the right to “defend” themselves.
The question is, will the US consider such a “defensive” move an “attack” on the Philippines?
This may be a game of chess or Chinese checkers or sungka. Whoever makes the first violent move will be construed as the “attacker.” In such a case, a suicide mission may not be advisable.
What may be advisable is for Duterte (accompanied by Ping Lacson, perhaps) to make an official trip to Pagasa and celebrate Philippine independence day there, complete with a flag raising ceremony.
Better yet, have Secretary of State Mike Pompeo as a guest of honor. Or, at least, US Ambassador to the Philippines Sung Kim. Bets can be safely placed that the Chinese can only seethe with frustration over this. But they won’t dare do more than that. Dragons can get scared too.
Come to think of it, Duterte may also want to invite the Chinese Ambassador to the Philippines to the event.
Greg B. Macabenta is an advertising and communications man shuttling between San Francisco and Manila and providing unique insights on issues from both perspectives.