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Asia power sector outlook stable — Moody’s

MOODY’S Investors Service has set a stable outlook for the Asian power sector next year, noting that the industry is supported by steady cash flows, a gradual pace of regulatory change, a gradual transition to a low-carbon economy and sufficient mitigants against capital market volatility.
The stable outlook covers the power sectors of China, Hong Kong, India, Indonesia, Malaysia, the Philippines, Singapore and Thailand.
But the Moody’s outlook for the South Korean and Japanese industries is negative, given the greater regulatory challenges faced by companies in these countries.
“We expect most rated power companies will report stable operating cash flow over the next 12-18 months, helped by stable or increasing dispatch volumes or timely cost pass-throughs amid a gradual pace of regulatory changes, thus supporting their credit quality,” said Mic Kang, a Moody’s vice-president and senior credit officer.
“However, regulatory challenges are starting to adversely affect the credit metrics of Korean and Japanese companies, because of prolonged delays in cost pass-throughs in Korea and growing competition amid market deregulation in Japan,” he added.
Moody’s issued a report on the outlook for the Asian power sector, “Power — Asia: 2019 outlook stable, with steady cash flow offset by regulatory challenges,” which is written by the Moody’s VP.
The report said that growing power demand or timely cost pass-throughs would mitigate the strain on cash flows from higher generation costs and higher capital spending for most rated power companies in Asia.
It added that regulation will remain broadly stable as most Asian governments implement regulatory changes gradually, supporting cash flow stability.
“Business conditions will be tougher in 2019 in certain countries, because of regulatory challenges and, to a lesser extent, trade protectionism potentially slowing demand growth. The main regulatory risk is timely cost pass-throughs in certain countries, particularly China (A1 stable), Indonesia (Baa2 stable) and Korea (Aa2 stable),” Moody’s said.
It added that there is uncertainty associated with the effects of deregulation in Japan (A1 stable). It expects power demand growth in China and Indonesia to continue to support cash flow stability or growth for most rated power companies.
“By contrast, Korea’s major power companies increasingly rely on debt to fund their capital spending, because of the continued low likelihood of timely cost pass-throughs amid strengthening safety requirements for nuclear operations and the Korean government’s energy policy to gradually move away from nuclear and coal. As such, their credit metrics are weakening,” Moody’s said.
Moody’s expects some power companies in Japan to find difficulty in strengthening their weak credit metrics amid increasing competition and weakening monopolistic market positions.
“Carbon transition risk will increase in Asia’s power sector. The cash flows of coal-driven power generation companies will weaken gradually as both generation from renewables and environmental compliance costs are rising,” it said.
But it said carbon transition risk would not emerge as a material credit risk during the next 12 to 18 months, “because renewable power growth is unlikely to outpace power demand growth in Asia, while the importance of the coal power as a major energy source will not decline materially over this time frame.”
Moody’s said it could change its outlook for the broad Asian power industry to negative if it expects cash flows will be lower than its projections because of materially weaker power-consumption growth or an inability to pass through increased costs in a timely manner; regulations change adversely; carbon transition risk emerges rapidly; and global capital market volatility weakens many rated power companies’ funding capacity. — Victor V. Saulon

Senators call for fuel tax hike suspension

SENATORS on Wednesday said they want Malacañang to reconsider its decision to go ahead with the increased fuel excise tax in 2019 as called for by the tax reform law.
In a statement, Senator Paolo Benigno A. Aquino IV said Filipinos are “dismayed by the backtracking on the decision to raise taxes because they are suffering from high prices.”
“They should have listened to the Filipinos and should no longer increase the excise tax on petroleum under the TRAIN (Tax Reform for Acceleration and Inclusion) law. Everyone knows that the fuel tax increase is the reason why there are high prices in the market,” he added.
Senator Joseph Victor G. Ejercito told reporters in a mobile phone message: “Still hoping for some sense of sensitivity in our economic managers. We are the ones that the people get to talk to and we know the pulse.”
In a statement, Senator Risa N. Hontiveros-Baraquel described the decision as “premature and impulsive” and raised doubts whether the government can adequately forecast the economic situation next year.
“Why lift the suspension on the fuel excise tax collection, one of the few safety nets that protects the public from the volatility of the international oil market? If the government failed to foresee the depth and gravity of the impact of volatile international oil prices on our inflation rate, what makes it think that the overall economic environment is turning around for the better?” she said in a statement.
Senator Francis G. Escudero raised the same concerns, citing the “erroneous projection” of economic managers in October that the Dubai crude oil benchmark would remain above the $80 per barrel threshold until the end of the year.
“Considering the previous erroneous projection in October, certainty becomes nil at best and no assurance can ever be had either by the President or the public itself that high prices of goods and services will never happen, not to mention the fact that election spending will definitely exacerbate inflation in 2019, an election year, where demand-pull inflation may likely occur,” he said in a statement.
Mr. Escudero also filed Senate Resolution No. 964 on Wednesday, urging President Rodrigo R. Duterte to suspend the increase of fuel excise tax in 2019.
Senator Juan Edgardo M. Angara said it was important as well for the government to fully implement the social mitigating measures, such as the unconditional cash transfer and the Pantawid Pasada components of the program, as authorized by the tax reform law.
Senate President Vicente C. Sotto III said it was understandable that Malacañang reached the decision to proceed with tax hike due to series of rollbacks in fuel prices. However, he said the government should also target any parties who may be taking advantage of the situation.
“What I would do is to target those who are taking advantage. They raised prices even though they are not directly affected by the high fuel prices, but they are using it as an excuse,” he told reporters.
Mr. Duterte, in a Cabinet meeting on Tuesday evening, heeded the economic manager’s recommendation to proceed with the 2019 fuel excise tax, reversing his earlier order to suspend it.
The TRAIN law imposes excise taxes on gasoline and diesel of P7 per liter and P2.50 per liter, respectively, in 2018. Starting Jan. 1, 2019, gasoline excise tax will go up to P9 while diesel will increase to P4.50.
The law also has a suspension provision on the scheduled increase of fuel excise taxes if the average Dubai crude benchmark price for three months prior to the scheduled increase reaches or exceeds $80 per barrel. — Camille A. Aguinaldo

Some ease on the tax clearance

Since validation of tax compliance is a precondition to entering into and is a continuing obligation in government contracts, the Bureau of Internal Revenue (BIR) has issued regulations dating back to 2005 providing guidelines for the filing and processing of applications for tax clearance required from participating bidders.
Revenue Regulations (RR) 18-2018, the latest of the policies, was issued on Aug. 3. In its steadfast commitment to ease doing business in the Philippines, the BIR decentralized the filing of tax clearance applications from the Accounts Receivable Monitoring Division (ARMD) of the BIR National Office to the Revenue Regional Offices or Large Taxpayers Divisions (LTD) where the taxpayer-applicant is registered. RR 18-2018 also clarified that those with previously issued tax clearances must be regular eFPS users from the time of enrollment up to the time of application. In case the applicant is not a regular eFPS user (i.e., a newly registered eFPS user), the latest income tax return (ITR) and business tax returns not filed and paid through the eFPS must be submitted.
On Oct. 11, the BIR issued Revenue Memorandum Order (RMO) 46-2018 which detailed the procedures for the issuance of a tax clearance. Under the RMO, a tax clearance shall only be issued to applicants who have fully satisfied the following conditions: a). the applicant must not be tagged as “Cannot be Located”; b). the applicant must have no unpaid annual registration fee, no open valid “stop-filer” cases, no accounts receivable/ delinquent account and no pending criminal information filed in any court for tax or tax-related cases; and c) the applicant must be a regular eFPS user from the time of enrollment up to the time of filing the renewal of tax clearance.
However, a new applicant is not required to be a regular eFPS user. Instead, such applicant must submit the ITR for the preceding taxable year (calendar or fiscal) or the most recent quarterly ITR in case of new establishments. The new applicant must also submit the latest Value-Added Tax and/or Percentage Tax Returns covering the previous six months of operations or the corresponding monthly/quarterly returns filed to date for those establishments in operation for less than six months.
While the filing of the application remains manual, the venue for filing varies. Non-large taxpayers shall submit their applications with the Collection Division of the Revenue Regional Office having jurisdiction over them. However, large taxpayers shall file theirs with the LTD-Cebu/LTD-Davao or Large Taxpayers Enforcement Division for large taxpayers not under the jurisdiction of any of the LTDs. As regards Non-Resident Aliens Not Engaged in Trade or Business (NRA-NETB), Non-Resident Foreign Corporations (NRFCs) and other entities authorized by the Commissioner of Internal Revenue, their applications must still be lodged with the ARMD. Perhaps if the BIR intends to transition from manual to online filing in the future, this would result in more ease and efficiency.
Furthermore, RMO 46-2018 identified the authorized signatories for the application form. For individual applicants, the form must be signed by the applicant himself. In case of a partnership, any of the partners is authorized to do so. For non-individual taxpayer-applicants, any responsible and ranking officer may sign provided that the authority for such act is stated in a board resolution, duly evidenced by a Secretary’s Certificate. In case of NRFCs, the form may also be executed by any responsible and ranking officer whose authority must be expressly provided in a Special Power of Attorney duly authenticated by the Philippine Consul in the country where the NRFC’s office is located.
In the spirit of doing business with ease, the tax clearance shall be processed and released within two working days from receipt of the duly accomplished application form for tax clearance with complete documentary requirements.
Once issued, the tax clearance shall be valid for one year from the date of issuance, unless sooner revoked for any of the following grounds: (1) denial of the application for Compromise Settlement and Abatement of penalties; (2) the attachments to the application are found to be spurious; (3) non-compliance with the prescribed criteria; and (4) misrepresentations made by the taxpayer-applicant to the government procuring agency or to the tax clearance-issuing office. The name of the taxpayer-applicant who is found to have submitted spurious documents or made misrepresentations will be submitted to the Regional or National Investigation Division as the case may be, for the conduct of a preliminary investigation and for filing of criminal charges, if warranted.
Taken all together, RR 18-2018 and RMO 46-2018 conveyed the needed clarity to ease the processing of clearance applications. With the decentralization of tasks, taxpayers can now expect timely and efficient issuance of tax clearances that will ensure competitive bidding for public contracts. If implemented accordingly, these BIR issuances will support government operations and enhance public service for the benefit of taxpayers.
The views or opinions expressed in this article are solely those of the author and do not necessarily represent those of Isla Lipana & Co. The content is for general information purposes only, and should not be used as a substitute for specific advice.
 
Elizabeth K. Adaoag-Belarmino is a Senior Consultant at the Tax Services Department of Isla Lipana & Co., the Philippine member firm of the PwC network. Readers may reach the author at (02) 845-27 28 or elizabeth.k.adaoag@ph.pwc.com for questions or feedback.

Traffic Czar or Traffic Caesar?

I wish Transportation Secretary Arthur Tugade the best of luck. By legislating his designation as Traffic Czar, the House of Representatives as well as the Senate are putting on his shoulders the burden of — as well as the blame on — the gargantuan task of resolving the problem of vehicular traffic congestion in Metro Manila, Metro Cebu, and Metro Davao.
The House of Representatives approved on final reading last Monday House Bill No. 6425. This proposed law gives Secretary Tugade, as Traffic Czar, the task of developing within three years or until 2021 a comprehensive framework to improve vehicular traffic flow in the top three metropolitan areas. Along with this task, of course, comes possible glory, or possible defeat.
HB 6425’s counterpart measure, Senate Bill No. 1284, is still pending second-reading approval. A news report in this paper noted that the Senate bill covers only Metro Manila and Metro Cebu, and does not include Davao City like the House Bill, and provides for a presidential appointee to be named Traffic Manager, instead of the Transportation Secretary.
A traffic leader is necessary, according to House Transportation Committee Chairman Rep. Cesar V. Sarmiento of Catanduanes, given the need to “harmonize overlapping traffic rules” among different local government units or LGUs. Different traffic rules and regulations among LGUs is a key contributor to the traffic problem, he told reporters.
As such, the news report detailed, HB 6425 will designate the Secretary of the Department of Transportation as the Traffic Chief, and he or she will wield “full power and authority… to streamline the management of traffic and transportation and to control road use in the identified metropolitan areas.”
HB 6425 will grant the Transportation Secretary “power of supervision and control” over functions of the Metropolitan Manila Development Authority (MMDA), the Metropolitan Cebu Traffic Coordinating Council, and the proposed Davao Traffic Administrator; the Philippine National Police Highway Patrol Group (PNP-HPG); the Land Transportation Office (LTO); the Land Transportation and Franchising Regulatory Board (LTFRB); the Road Board; and “all other executive agencies, bureaus and offices with functions related to land transportation regulation.”
The Transportation Secretary will also have power over LGUs in metropolitan areas with respect to “enforcement of rules, policies and programs enacted pursuant to this Act and for harmonization and enforcement of all traffic rules and regulations… and establish and implement… a comprehensive and unified road use plan and a unified traffic management system to be followed by all component LGUs…”
The House bill also proposes to temporarily suspend metropolitan LGUs’ power “to issue franchises to padyak, tricycles and all other PUV units” while the proposed law is in effect, and gives the Traffic Chief the power to revoke or revise PUV franchises, or take over the operation of a franchise in “times of national emergency.”
Moreover, the House bill will also allow the President, through the Traffic Chief, to enter into contracts for priority projects while the proposed law is in effect. While the Senate bill provides: “The President is hereby granted Emergency Powers to urgently utilize all necessary government resources, exercise police power, including eminent domain and employ executive actions and measures to ensure effective implementation….”
choose right way
I have yet to read the actual draft of the House and Senate bills, and will do so once I get clear copies. However, I can only hope that both drafts will be very clear in their scope, specifically covering only “vehicular traffic-related” functions of MMDA, LTO, LTFRB, PNP-HPG and other public agencies. Moreover, the law should recognize constitutional safeguards on property rights, freedom of movement, restraints on trade, and abuse of police power.
In addition, the proposed law should give the Traffic chief powers also over tollways, which are supposedly public highways but are controlled and managed by private corporations. Portions of tollways such as the North and South Luzon expressways, for instance, as well as CAVITEx and MCX are all still within the territorial boundaries of Metro Manila and should be under the scope of the Traffic boss.
This becomes crucial particularly in situations when tollways management imposes or applies policies and conditions that may be also seen as possibly detrimental to public interest. A case in example is the reported plan to make the elevated tollway, or the Skyway, exclusive only to vehicles with RFIDs, to the exclusion of motorists paying in cash. Or the closure of the Skyway, like several instances in the past, to vehicular traffic to make way for a privately organized running event.
One can already foresee the repercussions of making the Skyway exclusive to RFID or e-tag vehicles. This will unfairly limit all cash-paying motorists to use at-grade or street-level tollways. We may see a situation where poorer motorists are limited to the at-grade tollway, and add to traffic congestion there, when the very intention of building an elevated tollway is to ease traffic congestion overall. Why quibble over payment method if doing so will not ease congestion and improve traffic flow? Besides, why should there be such an imposition on a “public” expressway?
The same proposed law should also limit the power of local officials, as well as tollway companies, from closing public roads or tollways for running and other sporting events, fiestas and other celebrations, political events and private functions, and funeral or religious processions, among others. Sporting or running or biking events, including marathons, can instead be done in places like Clark and Subic.
The proposed law should also take into account the present limits in public transportation, and should help broaden or expand options in the interim, while public infrastructure projects are ongoing. Congestion can be best addressed by a combination of reducing volume, removing obstructions, and allowing free flow by limiting stop-go movements of vehicles like jeepneys.
However, volume cannot be significantly reduced unless public transportation options are improved. An efficient and cost-effective public transport system will naturally promote reduction in volume particularly of private vehicles. At the same time, public transportation should be skewed towards mass transit with high number of passengers and limited number of stops. And this means more trains and buses, but no more jeepneys, tricycles, pedicabs, etc. Moving freight, bulk cargo, and containers by train, rather than by trucks, to and from Metro Manila will also be a big help.
The government and the public should support Secretary Tugade, and then hope for the best that he — or his successor — will actually be up to the challenge. The law designating him Traffic Czar might just lead to lasting solutions to vehicular traffic congestion in metropolitan areas. If so, then Tugade might just be hailed like a triumphant Julius Caesar, returning from the Gallic War with complete Roman victory at the Battle of Alesia.
On the other hand, unless long-term strategic solutions are in place by the time the Duterte Administration ends in 2022, then Tugade or his successor may be taken to task. One can then imagine a scene much like when Caesar, at the base of the Curia in the Theatre of Pompey, lay dead after he was stabbed 23 times as the result of a conspiracy by Roman senators against his dictatorship.
 
Marvin Tort is a former managing editor of BusinessWorld, and a former chairman of the Philippines Press Council.
matort@yahoo.com

Can business managers safely play with FIRe?

In 2016, Klaus Schwab, founder of the World Economic Forum, heralded the arrival of the second machine age and its promise as well as threats for business and society. In his 2018 book titled after the phenomenon, Schwab explains that the basis for the so-called “fourth industrial revolution,” commonly abbreviated as FIRe, is not only new technologies alone, but also the new ways through which people and things are connected to each other and are communicating in new and faster ways.
FIRe developments such as artificial intelligence (AI) and cloud computing affect business practices and, ultimately, society because of the way they embed technologies and interconnections into all aspects of human lives. As a simple example, the way we take pictures with our smartphones when we eat or shop, and then post these on social media, feed data on our location and purchases into huge databases of companies, where intelligent software analyzes and gives recommendations to managers on our behaviors. The speed with which we interact with each other, with intelligent machines, and with companies using advanced software and huge amounts of data has made all of us essentially part of an ever-growing, global, and high-speed man-machine network.
The upside for business is tremendous. More people will be accessible for business-oriented communications and transactions. People will benefit because services previously available only to a few will become available to all who have a networked smartphone. For example, PayMaya and similar financial technology services now make it possible for Filipinos without bank accounts to buy goods and services online. In a country with more than 100 million people, the FIRe will mean tremendous growth in the marketplace for goods and services.
Media reports announced that PLDT and Smart successfully completed a cellular call last week using their 5G cell sites at the Makati Central Business District and at Clark Freeport Zone, Pampanga. 5G is expected to deliver average speeds ten times faster than 4G. This is certainly welcome; I have grown weary of the buffering indicator on my smartphone when using mobile internet. In any case, 5G will definitely accelerate the spread of FIRe in the Philippines.
But the FIRe, like its metaphorical counterpart, has to be handled with extreme care so that we avoid getting burned. “More connected,” “more data,” and “faster connectivity” do not always mean “better.” The problem with our obsession with connectivity, data volume, and speed is that without critical thinking and ethical values, it just gets us into trouble faster. Remember the IT truism “garbage-in, garbage-out”?
Schwab noted in 2016 that “in all moments of major technological change, people, companies and institutions feel the depth of the change, but they are often overwhelmed by it, out of sheer ignorance of its effects.”
What are the ethical dangers for management?
Danger 1: Managers will use AI analysis plus a lot of data to make efficient but biased decisions. For example, companies will make hiring decisions using automatic systems to screen thousands of resumés. Software will be programmed to measure indicators of desirable characteristics (called algorithms) such as extra-curricular activities and online work profiles that have led to “good hires” in the past. Without human validation, this practice can lead to biased hiring practices on a massive scale. Cathy O’Neil, in her book Weapons of Math Destruction, explains that decision software is trained on past successes to mimic human decision making.
While biased human decisions in the past may have been reversible through human oversight and review, AI-enabled decisions will be made faster and with less transparency because managers will not know how software is making its recommendations. O’Neil proposes one solution: “Encourage a human review that will ask experienced people who have been through bias training to oversee selection and evaluation. Let decisions be guided by an algorithm-informed individual, rather than by an algorithm alone.”
Danger 2: Managers will use automatic quantitative reports on their PC screens and smartphones to make business decisions without understanding reality on the ground. I call this “managing by video game.” Fast and high-volume databases with real-time network data will tend to make decision making a push-button affair. Low sales volume in a particular area may tempt a manager to think that salespeople are underperforming, or that the product has low potential when, in fact, logistics issues have been causing stock-outs. One solution, according to technology ethnographer Tricia Wang, is to use “thick data” to add human stories and meanings to quantitative reports. Wang predicted the explosion of smartphone sales in China based on her interactions with poor Chinese who were willing to spend a lot on these devices. As history has shown, Nokia largely missed this trend despite its huge databases.
Managers can play with FIRe to benefit businesses and people only if they do so with sound judgment based on direct human knowledge of business and social realities.
 
Benito L. Teehankee is a full professor and coordinator of the Business for Human Development Network of De La Salle University.
benito.teehankee@dlsu.edu.ph

Freedom of information in the Supreme Court

Freedom of Information (FOI) is a right enshrined in our fundamental law. It refers to the right of the people to information on matters of public concern. It is the right of every citizen to access official records, documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development (Sec. 7, Art. III, 1987 Constitution). This includes the public’s right to know the public officials and employees’ assets, liabilities, net worth, and financial and business interests.
So as not to render this right ineffectual brought about by the lack of a law therefor, President Rodrigo Roa Duterte passed Executive Order No. 2, Series of 2016, which implemented the FOI Program in the executive branch. For its part, the Supreme Court passed the Rule on Access to Information About the Supreme Court early this year. The Supreme Court likewise ordered the creation of FOI Manuals in the entire judiciary, i.e., Court of Appeals, Sandiganbayan, Court of Tax Appeals, and lower courts.
The Rule on Access to Information About the Supreme Court guarantees one’s “privilege” to either (1) obtain a copy, (2) receive the Information, or (3) gain insight to all information and records or portions of those records in the official custody, possession, and control of offices in the Supreme Court. Like all other rights, the “right to know” is not an absolute right.
Excluded are those “non-disclosable information” protected by laws, the Rule, or resolutions of the Supreme Court En Banc. For instance, access to information will be denied if the request (1) is made by one whose identity is fictitious or not legitimate; (2) is prompted by sheer idle curiosity, (3) made with a plainly discernible improper motive, (4) made for a commercial purpose; (5) is contrary to laws, morals, good customs, or public policy, e.g. when the request pertains to privileged documents or communications.
To obtain access, the requesting party must submit to the Supreme Court’s Public Information Office (PIO) two (2) filled-out copies of an Access to Information Request Form (AIRF) stating therein his/her personal information, the requested information, and the purpose of the request, together with two (2) of his/her valid IDs. If the AIRF is fully-compliant, the PIO shall have one (1) working day to forward the request to the information custodian who shall then have ten (10) to fifteen (15) days to approve, deny or refer to another office the request. The information custodian shall transmit the information requested to the PIO who shall have five (5) working days to transmit the same to the requesting party. In case of denial, the requesting party may file a motion for reconsideration once before the Supreme Court En Banc within fifteen (15) days from receipt of the notice of denial or from the lapse of the period to respond to the request. The denial of the motion for reconsideration shall be immediately final and executory.
However, securing the Justices’ Statements of Assets, Liabilities, and Net Worth (SALN), Disclosures of Business Interests and Financial Connections, Personal Data Sheets (PDS), and Curriculum Vitae (CV) follows a different procedure as the contents thereof are deemed non-disclosable when requested or to be used for (1) any purpose contrary to morals or public policy; or (2) any commercial purpose other than by news communication media for dissemination to the general public. As a general rule, only copies of the latest SALN, PDS, and CV may be requested and requests for previous records may be covered only if so specifically requested and if considered as justified. Nevertheless, information as to whether or not such statements have been filed shall be fully disclosable.
To request for SALN, PDS, or CV of a Supreme Court Justice, the requesting party must likewise submit two (2) filled-out copies of the AIRF before the Office of the Clerk of Court stating therein the specific purpose and individual interests sought to be served as well as a commitment that the request shall only be for such purpose. For members of the media, the same must be supported by: (1) proof under oath of media affiliation and (2) a certification of the accreditation of their respective organizations as legitimate media practitioners. In all cases, the requesting party must have no derogatory record of having misused any requested information previously furnished to him/her. For SALNs of Justices of the Supreme Court as well as those of the Court of Appeals, Sandiganbayan, and Court of Tax Appeals, the authority to disclose shall be made only by the Supreme Court En Banc.
In an En Banc Resolution, the Supreme Court has granted requests for SALNs for varying purposes, e.g. (1) transparency and governance, (2) media database, (3) posting in a website for the general public, (4) reference materials for newscasts, and (5) even for academic purposes which allowed a student to “secure a huge percentage in [her] final examination.”
Nondisclosure of SALNs, PDS, and CVs is a privilege that belongs to the Supreme Court as an institution, not to any justice or judge in his/her individual capacity. Hence, no sitting or retired justice or judge, even the Chief Justice, may claim exemption without the consent of the Court.
Significantly, the Rule on Access to Information About the Supreme Court likewise provides for administrative liabilities and penalties ranging from reprimand, suspension, and dismissal, and even indirect contempt for disclosures in violation of the rule on confidentiality and provision of any false statement in the AIRF and its accompanying documents.
To borrow the words of the Supreme Court, “while the Constitution holds dear the right of the people to have access to matters of concern, the Constitution also holds sacred the independence of the judiciary.” Thus, the passage of the Rule on Access to Information About the Supreme Court which allowed people to exercise their right to know by allowing access to public and official records in the custody of the Supreme Court is subject only to reasonable requirements provided therein.
This article is for general informational and educational purposes only and not offered as and does not constitute legal advice or legal opinion.
 
Merceidez Louise S. Ragaza is an associate of the Litigation and Dispute Resolution (LDRD) of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).
msragaza@accralaw.com
(02) 830-8000

Right to refund

By Geronimo L. Sy
IT IS THE HOLIDAYS and the season for shopping. It is also the time to be frustrated with retail customer service that ranges from the “no exchange, no refund” policy to false marketing and defective goods. By and by and almost universal in the Philippines, sales people are the fastest and friendliest to close. But once your battered credit card is swiped, good luck, your money is gone forever. This is clearly a violation of our human right to buy and be happy.
Surely with the thousands of laws, at least one will help the stressed consumer? The Consumer Act provides refund, replace and repair (collectively known as the 3R’s) as reliefs in cases where the seller violates the prohibition against deceptive sales acts or practices, or unfair or unconscionable sales acts, or for breach of product or service warranties.
refund
It is simple, let us see how it works.
Liza purchases a brand-new cellphone. After three months of normal use, its screen suddenly goes blank. The phone is dead no matter the hard resets or the extra charging. It is obviously a dud. She rushes across the metropolis to the store and the same salesperson says, “Madam, please proceed to the service center responsible for the repairs.” What is Liza to do except cry. Can you imagine life without a phone for five minutes?
Jeffrey received a vacuum cleaner as a gift. He tries it a few times but notices that the suction power is decreasing. He must bring the original receipt to the shop. The sales associate says “Sir, we need the original packaging.” Jeffrey goes to the landfill.
Mai bought a dress but from the comments of friends, realized that it made her look fat. She decides to return it in its original condition but was told that she can only exchange it in the same store for an item with the same or higher value.
There are variants to these familiar stories. All of them center on one thing — the helpless consumer. There may be the 3R’s but there is no relief for the consumer. He has no choice, no option, no nothing. The only recourse is either to pay up, live with whatever condition is imposed including keeping the product, or shut up.
Or one can complain. There is a series of DTI Administrative Orders on the complaint process which itself can be the subject of complaint for being cumbersome.
It is impunity of a different kind, the one that ignores the basic rights of a consumer, a taxpayer and a citizen.
The Consumer Act passed in 1992 is an obsolete law. It was legislated long before the rise of the middle class or the era of internet shopping. It is not consumer-friendly in its design. It is burdensome in implementation. Do we feel protected or abused as consumers is the relevant question to ask.
Addressing the cases above, Liza has the right to refund for breach of warranty by the seller of phone regardless of manufacturer or brand owner. However, she is injured simply by the wait of weeks when the store manager checks, verifies and validates. The refund here should be immediate. No excuses and no delay. Liza is not expected to fill out a complaint form.
Is Jeffrey supposed to keep the packaging with the type and volume of packing for the vacuum cleaner? He does not have faith in the brand and cannot be compelled to substitute another similar unit. Even if there are other products, he should not shell out more money for an item that he does not need from the manufacturer that he does not trust. The manager insists that the vacuum power will get stronger with more usage. Jeffrey files a complaint and eventually gets a refund after a series of hearings. By this time, his lost working hours is more than the cost of the appliance.
There is no right of refund in Mai’s situation. A change of mind does not entitle one to a refund. At least, most retailers allow for a change of item for the same or greater value.
With consumption driving development, consumers need a simpler law that is clear and hassle-free. Its smarter implementation against deny and delay tactics or imposition of unreasonable requirements is essential. As in any contract, if one party is shortchanged, one ought to be able to get the money back. Currently, it is skewed against the consumer who must spend time and effort and more money to exercise a right.
With 12% VAT one of the highest in the region, government action can boost the tax take from consumers who are better protected. With the legal infrastructure in place, it is a quality of life issue for the citizen against bad business practices.

Jazz sink 20 treys, rout Spurs

LOS ANGELES — Donovan Mitchell scored 20 points, and the Utah Jazz made a franchise record 20 3-pointers in a 139-105 victory over the visiting San Antonio Spurs on Tuesday night.
Rudy Gobert had 18 points and 10 rebounds, and Kyle Korver added 15 points off the bench in his first home game since Utah reacquired the veteran guard in a trade. The Jazz won for the third time in four games since dealing for Korver.
Jakob Poeltl contributed a career-best 20 points and seven rebounds off the bench for San Antonio, which lost for the third time in four games. DeMar DeRozan scored 16 points and dished out seven assists, and LaMarcus Aldridge added 16 points.
The Jazz went 10 of 17 from long distance over the first two quarters and opened up a 63-47 lead by halftime. Overall, Utah hit 20 of 33 3-point attempts.
KINGS 122, SUNS 105
Buddy Hield had a dunk and a pair of 3-pointers in a game-opening 13-2 flurry, and Sacramento went on to lead by as many as 35 points en route to a blowout win at Phoenix.
The Kings held the Suns to one field goal in the first 5 1/2 minutes and a total of nine points in the first quarter, taking a 36-9 lead after one period. Hield finished with 20 points in 18 minutes to lead seven players in double figures for the Kings, who were opening a four-game trip.
Rookie De’Anthony Melton recorded a season-best 21 points for the Suns, who played without Devin Booker (strained hamstring) and T. J. Warren (sprained ankle).
MAVERICKS 111, TRAIL BLAZERS 102
Rookie Luka Doncic scored 21 points and grabbed nine rebounds as Dallas polished off visiting Portland.
Wesley Matthews added 17 points and DeAndre Jordan contributed 12 points and 17 boards for the Mavericks, who have won eight in a row at home and nine of 11 games overall.
Damian Lillard collected 33 points, eight rebounds and eight assists for the Trail Blazers, who have lost three in a row and six of their past seven games. CJ McCollum scored 18 points, and Al-Farouq Aminu chipped in 12 points and 13 rebounds for Portland.
MAGIC 105, HEAT 90
Orlando’s defense shut down Miami in the third quarter, and the Magic overcame poor first-half shooting to earn a road win.
The Magic turned the tables on the Heat in the third quarter, outscoring the Heat 30-12. It was Miami’s lowest point total in a quarter this season, and Orlando took a 76-62 lead after three quarters.
Orlando’s Aaron Gordon scored 16 of his 20 points in the critical third quarter. Nikola Vucevic had 19 points and 10 rebounds, and Terrence Ross added 19 points off the bench for the Magic. Justise Winslow led the Heat with 14 points. — Reuters

Philippines wins first Spartan H3X

THE Philippines was crowned as the 2018 Spartan H3X champion after a grueling 24-hour sandbag carries and conquering all the extreme challenges within the Timberland Heights grounds. Staged simultaneously in four countries, the 71-man Philippine contingent went against the participants from Greece, Mexico, and the United States.
According to Mike Reyes, Spartan Race Director, H3X is basically all three Hurricane Heat lengths rolled into a consecutively-run event, which started at the exact same time and run simultaneously regardless of time zone.
“I’m elated and proud to be Subic Bay-Zambales-Bataan Spartan community’s lone representative in that 24-hour battle. I scored the three-point shot in the tiebreaker, so to speak, by being the fastest to do 50 burpees at one minute 50 seconds while Mexico and California did theirs around two minutes 20 seconds,” said Jimi Arthur Binoya.
Lexi Noval, one of the participants who voluntarily finished the endurance event said that her H3X experience is definitely worth it. “It’s great knowing that you can go through challenges together as a team and strengthen friendships.

Game 10 retold

The 2018 London World Chess Championship match between Magnus Carlsen (Norway 2835) and Fabiano Caruana (USA 2832) ended in 12 draws. Magnus Carlsen then won the tiebreak match 3-0 to retain his title.
But don’t go about thinking that the match was a snoozefest. There were lots of intriguing battles and I think there is universal agreement that game 10 was the best of the series. In fact, former Russian Champion Evgeny Tomashevsky has called it “one of the best games in World Championship history.”

Caruana, Fabiano (2832) — Carlsen, Magnus (2835) [B33]
2018 World Chess Championship London (10), 22.11.2018

1.e4 c5 2.Nf3 Nc6 3.d4 cxd4 4.Nxd4 Nf6 5.Nc3 e5 6.Ndb5 d6 7.Nd5
Flashback: Vladimir Kramnik was the new star of the 1992 Manila Olympiad. Sixteen years old only and not yet even a GM, he silenced all critics with an 8.5/9 score, performance rating of 2958, and won the gold medal for his board. Success followed success in just two years later he was playing Leonid Yudasin in the 1994 Candidates Match. Kramnik pulled a surprise when he responded to his opponent’s 1.e4 with the Sicilian Sveshnikov. Yudasin also avoided the main line (7.Bg5) and adopted the same move that Caruana used here with 7.Nd5. Kramnik won a brilliancy in game 1 but when he tried the same line again in the 3rd game just narrowly avoided defeat after Yudasin misplayed a winning rook-and-pawn endgame.
After the match, in his “Best Games” compilation, Kramnik assessed that “this way of playing the opening has to be deemed unfavorable for Black, as the position he obtains is too sterile.”
7…Nxd5 8.exd5 Nb8 9.a4 Be7 10.Be2 0–0 11.0–0 Nd7 12.b4
A new move. Previously either 12.Kh1 or 12.Be3 were played.
12…a6
DeepMind, the artificial intelligence division of Google, developed AlphaZero which is currently revolutionizing the chess world. Instead of relying on the hybrid brute-force (you know, as in looking at all the possible moves in a position) which most chess engines use today AlphaZero opts for an extremely selective search that emulates how humans think. A few months ago it played a 100–game match with the world computer chess champion, Stockfish, and won with a score of 64–36 (28 wins 0 losses and 72 draws). Anyway, GM Matthew Sadler got access to AlphaZero and used it to analyze the world championship games. Of particular interest is its evaluation of the current position. According to the artificial intelligence Black should try to keep his queenside undisturbed as much as possible and go straight for a kingside pawn push, to wit: 12…f5 13.a5 a6 14.Na3 f4 15.Nc4 e4 16.Nd2 Nf6 (16…Bf6 17.Ra3 Qe7 is also ok) 17.Ra3 Qe8 with a very exciting game ahead of us.
13.Na3 a5
Carlsen is not into these abandon-one-side-of-the-board and go all out in the other approaches. He fearlessly challenges White’s set-up and opens up the queenside. I say “fearlessly” because, as noted by GM Shankland, it was obviously a prepared line by Caruana.
14.bxa5 Rxa5
Take with the rook or with the queen? The answer is it does not matter – they lead to the same position. After 14…Qxa5 15.Nc4 the queen has to go back to d8. 15…Qc7 is not so appetizing as then white has the resource 16.a5 and now 16…b5 17.Nb6 Nxb6 18.axb6 attacks the black queen and White gets a much better position after 18…Qb7 19.Rxa8 Qxa8 20.Qd3 Bd7 21.Be3 the passed pawn on b6 will be a thorn on Black’s side.
15.Nc4 Ra8 16.Be3 f5!
Finally Black commences kingside operations.
17.a5 f4 18.Bb6 Qe8
Caruana had been playing very fast until now when he settled for a long think. This is probably not because of unfamiliarity with the position but more to adjust his mind to the firefight that is coming up.
19.Ra3
One of Black’s possible plans of attack is …Rf8–f6–h6 and Caruana responds to this by putting his rook on the 3rd rank first.
19…Qg6 20.Bc7 e4 <D>
POSITION AFTER 20…E4
A very exciting position! Black’s two pawns will either overrun White’s position or prove to be a weakness and fall off the board.
21.Kh1
[21.f3 e3 22.Qd3 Qg5 followed by Rf8–f6–h6 is obviously very scary for White]
21…b5!
Carlsen: “I thought for so long and I wasn’t sure about it but I thought I just go for it and up the stakes even more. Either you win the game, or you get mated.”
22.Nb6!
The “obvious” 22.axb6 faills to 22…Rxa3 23.Nxa3 f3! 24.gxf3 Ne5! 25.Rg1 (25.fxe4 Bh3 26.Rg1 Qxe4+ with a mating attack is too obvious) 25…Qh6! 26.Nc4 exf3 27.Nxe5 (27.Bf1 Nxc4 28.Bxc4 Rf4 Black is winning) 27…fxe2 28.Qxe2 dxe5 29.Bxe5 g6! White still retains chances but Black’s two bishops should ultimately prevail.
22…Nxb6 23. Bxb6 Qg5!
Clearing the way for …Rf8–f6–h6.
24.g3!?
Caruana’s idea is that 24…fxg3 is met by 25.Rxg3 (remember the rook on a3!) while 24…f3 is refuted by 25.Bxb5 Rf6 26.Re1 Qg4 27.Rxe4! Qxe4 28.Re3 Qf5 29.Rxe7 the winning chances are all with White.
24…b4!
A very deep move. You will see why later.
25.Rb3 Bh3
Very accurate. Black wants to play …Bh3 and …f3 but the move order is important — he should play …Bh3 first. Why? Let us see … 25…f3 26.Bb5 Bh3 27.Re1 (this would not have been possible if Black had played Bh3 first. See why later) the crucial e4–pawn is threatened and it is awkward for Black to defend it. Short of retreating his bishop to f5 if he uses his queen then 27…Qf5 28.Rxb4 Bf6 29.Rbxe4 White is winning.
26.Rg1!
Absolutely the correct square for the rook. If he had gone 26.Re1 then 26…Bf6! 27.Rxb4 Bc3 28.Rxe4 Bxe1 29.Qxe1 Rae8 It is Black who is going for the win.
26…f3 27.Bf1!
White is defending well. If 27.Bb5? which is the “obvious” move then Black goes 27…Rf6! Black intends to mate the opposing king via the h-file. 28.Bf1 now it is too late 28…Bg4 29.Be3 (not 29.h4 Rh6!) 29…Qh5 30.Bc4 Rf5 (now the threat is …Qxh2+ followed by …Rh5 mate) 31.Re1 Bh3 32.Kg1 (32.Bf1 Bxf1 33.Rxf1 Qh3 34.Rg1 Rh5 the end) 32…Bg2 now …Qxh2+ and …Rh5 check followed by mate can only be stopped by giving up ruinous amounts of material.
27…Bxf1
[27…Qh5 does not work: 28.Rxb4! Rf6 29.Bxh3 Qxh3 30.Be3! (covering the h6 square) 30…Rf5 31.g4 Rff8 32.Rg3 the attack is at an end and White has a decisive advantage].
28.Qxf1!
It is quite easy to overlook that Black’s attack is not yet over. After 28.Rxf1? Qg4! 29.Rxb4 Rf5! White is still going to be mated on the h-file.
28…Qxd5
After 28…Rf6 29.Rxb4 Qh5 30.Be3! and once again the attack is repelled (But not 30.Rxe4? Rh6 31.h4 Bxh4 32.Rxh4 Qxh4+ 33.gxh4 Rxh4+ 34.Qh3 Rxh3#).
29.Rxb4
Now White is out of the woods but still needs to be careful. And the material situation is surprisingly absolutely equal!
29…Qe6 30.Rb5 Bd8 31.Qe1 Bxb6 32.axb6 Rab8 33.Qe3 Qc4 34.Rb2 Rb7 35.Rd1 Qe2! 36.Re1!
Almost an “only” move.
36.Qxe2 fxe2 37.Re1 Rxf2 38.Kg1 Rbf7! 39.Rbb1 (39.b7 Rf1+ 40.Kg2 Rxb7 41.Rxe2 Rxb2 42.Kxf1 Kf7 Black is left a pawn up) 39…d5! 40.b7 Rf1+ 41.Rxf1 exf1Q+ 42.Rxf1 Rxb7 Black is better;
36.Qb3+? Kh8 37.c4 “trapping” the black queen, but the “trapper is trapped himself!” 37…Rxb6! 38.Rxe2 fxe2 Black wins;
36.Qd4? e3! 37.c4 exf2! 38.Rxe2 fxe2 Once again Black wins.
These lines are not just armchair analyse\is done in the comfort of my home — Magnus Carlsen pointed them out even after the game to illustrate why he played 35…Qe2!
36…Qxe3 37.Rxe3 d5 38.h4 Rc8 39.Ra3!
Setting a trap himself.
39…Kf7
White is not the only one who has to avoid pitfalls. Black could very easily have blundered here with 39…Rc6? and be bamboozled by 40.Ra8+ Kf7 41.Ra7 Rxa7 42.bxa7 Ra6 43.Rb7+ Kf6 (43…Kf8 44.Rb8+) 44.Rb6+! White’s pawn will queen.
40.Kh2
[40.Ra7 Rcb8 holds]
40…Ke6 41.g4 Rc6 42.Ra6 Ke5 43.Kg3 h6 44.h5 Kd4 45.Rb5!
Carlsen has been outplayed in the endgame and will lose a pawn.
45…Rd6! 46.Ra4+ Ke5 47.Rab4 Ke6! 48.c4 dxc4 49.Rxc4 Rdxb6 50.Rxe4+ Kf7 51.Rf5+ Rf6 52.Rxf6+ Kxf6 53.Kxf3 Kf7 54.Kg3 ½–½
At my level I would continue to try and win with 3 pawns vs. 2 in the kingside, but at the 2800+ level this is a trivial draw.
A titanic struggle!
 
Bobby Ang is a founding member of the National Chess Federation of the Philippines (NCFP) and its first Executive Director. A Certified Public Accountant (CPA), he taught accounting in the University of Santo Tomas for 25 years and is currently Chief Audit Executive of the Equicom Group of Companies.
bobby@cpamd.net

Diehard insider

Kobe Bryant was his usual ebullient self at the Lakers’ All-Access event last Monday. The much-anticipated annual program, hosted by the franchise for sponsors and longtime fans, featured a tour of the Staples Center’s innards, the locker rooms included, but his talk was, by far, the highlight of the day. And, needless to say, he bled purple and gold to the delight of his captive and captivated audience. He spoke of roses and rainbows, cognizant of the change in outlook following the arrival of All-World LeBron James, and noted that “we’ll be champions before you know it.”
True, Bryant spoke from the vantage point of a diehard insider, imbibed with no small measure of confidence that may not be reflective of the Lakers’ current position. To his credit, though, he likewise acknowledged the work needed to get to where he was certain they would end up. And, to this end, he preached patience. “The patience is on all of us. We have to be patient,” he noted, even as he pointed out that those wearing the uniform don’t have the luxury. “As a player, you’re never patient with yourself. You’re patient with each other, but not yourself.”
Needless to say, Bryant was speaking from experience. In two decades of toiling in the National Basketball Association, he possessed a drive that continually compelled him to strive for perfection. And these days, he remains committed to excel off it, hence his presence, and success, in myriad business and entertainment ventures. And he understands that it’s also what propels James to achieve. He spoke of the 15-year veteran having to take over early in the season in seeming contravention of plans to distribute the workload, but with keen understanding that the ideal is what brings titles.
James being, well, James in the first fourth of the 2018-19 campaign is “not the recipe for winning championships by [any] means, but it is a recipe to keep your head above water, to give yourself a little breathing room,” Bryant contended, and he’s right. The four-time Most Valuable Player deemed it necessary to take over ball distribution chores in the absence, and given the inconsistency, of point guards Rajon Rondo and Lonzo Ball, respectively. “Now, it’s going back to teaching how to play the way that we want to play.”
For all the Lakers’ progress, it’s fair to point out that getting to the playoffs is one thing, and going deep is quite another. The lack of depth and experience will prove a bane in best-of-seven affairs against stacked opponents. Nonetheless, there’s cause for optimism. And who knows? Bryant may well have been on the mark when he claimed that, sooner rather than later, “we’ll just be laughing at all the Warrior fans who all of the sudden came out of nowhere.”
 
Anthony L. Cuaycong has been writing Courtside since BusinessWorld introduced a Sports section in 1994.

Peso sinks to 3-week low

peso dollar
THE PESO weakened to a three-week low on profit taking.

THE PESO plunged further against the dollar to hit a three-week low on Wednesday on profit taking amid slower inflation print for last month.
The local unit closed at P52.74 versus the greenback yesterday, 22 centavos weaker from the P52.52-per-dollar finish on Tuesday.
This was the peso’s worst showing in almost three weeks or since it closed at P52.805 against the dollar last Nov. 15.
The peso traded weaker the whole day, opening the session at P52.79 per dollar. It slipped to as low as P52.815, while its intraday high stood at P52.64.
Trading volume jumped to $1.283 billion yesterday from the $1.058 billion that exchanged hands last Monday.
A foreign exchange trader said the peso weakened further versus the dollar as it continue to “consolidate within a wide band.”
“We were way past the level of resistance at P52.50, despite the fact that we’re seeing lower dollar against major currencies and some Asian currencies,” the trader said in a phone interview.
“I guess some investors took profits already from the big move we already saw…despite better inflation.”
Inflation printed at 6% in November, slower than the nine-year high print of 6.7% in September and October.
It was also slower than the 6.3% median in a BusinessWorld poll and sits at the lower end of the 5.8-6.6% range from the Bangko Sentral ng Pilipinas.
“The local currency depreciated despite the softer-than-expected local inflation report,” another trader said in an e-mail.
Meanwhile, Rizal Commercial Banking Corp. economist Michael L. Ricafort said the upward correction in global oil prices this week due to possible cut in oil production by Russia and members of the Organization of the Petroleum Exporting Countries “has been a major factor” that caused the peso to correct against the greenback.
For today, the first trader expects the peso to trade between P52.50 and P53 versus the dollar, while the other gave a P52.65-P52.85 range. — Karl Angelo N. Vidal