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Duterte signs Bangsamoro law

PRESIDENT RODRIGO R. DUTERTE — AFP

PRESIDENT RODRIGO R. Duterte on Thursday said he has signed the Bangsamoro Organic Law (BOL).
Speaking in Ipil, Zamboanga Sibugay, Mr. Duterte said in Visayans, “The BBL has been signed, but I’m still going back (to Davao City) because I have a ceremony with (Moro Islamic Liberation Front leaders Ghazali) Jaafar and (Al-Haj) Murad (Ebrahim).”
Mr. Duterte, however, was contradicted that afternoon by his spokesman, Harry L. Roque, Jr., and aide, Christopher T. Go., who both said the President has not yet signed the autonomy law creating the Bangsamoro Region in Mindanao.
“As of 5:43 p.m., BOL has not yet been signed by the President,” Mr. Roque said in a text message to reporters.
Mr. Duterte in his remarks also said: “And also I’d like to talk to (Moro National Liberation Front leader) Nur ([Misuari)], so that we can have it by the end of the year. I can create also just like an autonomy for him if that’s what he wants, and pending the federal system implementation he can just wait for it if he (Nur) trusts me.” — Arjay L. Balinbin

Duterte to send only one representative to climate change meetings abroad

PRESIDENT RODRIGO R. Duterte on Wednesday night said he will send only one representative in any conference on climate change abroad.
Mr. Duterte spoke at a welcome dinner hosted by the Asia-Pacific Healthy Islands Conference in his hometown of Davao City.
“Can you now force or exact obedience from the other countries if the commission or the body itself that would govern (or) try to control the carbon footprints in this planet is in disarray?” said Mr. Duterte, who heads the country’s Climate Change Commission (CCC).
He added: “There’s a climate change in Africa and they are there. There’s a climate change in New Zealand and they are there en masse. Then there’s a climate change in Tokyo, they are there.”
“Every department sends somebody who does not even know the definition of a climate and how it changes. How is the process done to create a problem for the ecosystem and environment?”
“So all of them. And when I saw the list of 11 travels, climate change conferences all over the world and it has nothing. Nothing good has come to my country except the expenses of going out and seeing the cities.”
“To hell with climate change because whether you like it or not, the typhoon is coming from….The Philippines is the window of the Pacific Ocean. So that is how you b___s___ with the money. You go.”
“And I said to this day, I fired a lot. Most of them were my friends who were with me when I was campaigning, and it pains me deeply to see them go.”
“It makes me sad, but, you know….Once and for all, we decide. We cannot be going to conventions every now and (then). I would insist on one representative from the Climate Change Commission, and I will not allow everybody to go out.”
“You need only one mouth. We are not as rich as France, Great Britain where you can send a delegation….”
In its statement, the CCC said, “Pacific island nations, including the Philippines, consider a two-degree Celsius increase above pre-industrial levels nothing short of an existential threat given their common vulnerability to climate change impacts such as sea level rise, ocean acidification, and more extreme heatwaves and rainfall, such as those currently slamming Japan, Greece, and Laos.”
The statement also quoted Secretary Emmanuel de Guzman, CCC vice-chairperson, as saying: “The Philippines and its Pacific neighbors fought together to enshrine the 1.5 degrees Celsius warming threshold in the (2016) Paris Agreement.”
Mr. de Guzman led the Philippine presidency of the Climate Vulnerable Forum (CVF), a group of 48 Pacific and other developing nations, during the Paris climate negotiations.
“Vulnerable countries must stand together in solidarity and lead the call for urgent climate action worldwide. We can only do so much on our own to implement Paris. We must protect not only our islands but our people’s health and wellbeing not tomorrow but today,” Mr. de Guzman also said.
Susan Pineda-Mercado, special envoy of the President for global health initiatives, said for her part: “Pacific island nations urgently need reliable clean energy that can power health centers and produce safe water, more highly-trained medical staff, better technology and financing facilities more responsive to their needs.”
“We need to urgently elevate the investment agenda of the Pacific’s health sector in a way that is sensitive to the worsening impacts of climate change while also providing funding, capacity building and technology transfer programs that can advance healthier and more resilient island systems across the Pacific,” she added.

Martires named Ombudsman

PHILSTAR/ MICHAEL VARCAS

PRESIDENT RODRIGO R. Duterte announced on Thursday, July 26, he has signed the appointment of Supreme Court (SC) Associate Justice Samuel R. Martires as the new Ombudsman, a day ahead of Conchita Carpio-Morales’s scheduled retirement Friday.
The President made the announcement during his speech at the 69th charter anniversary of Ipil town, Zamboanga Sibugay.
“We have a new Ombudsman. I signed the appointment of Justice Martires,” Mr. Duterte said of the SC justice who is due to retire next year yet.
On Thursday morning, Presidential Spokesperson Harry L. Roque, Jr., said the Palace had just received from the Judicial and Bar Council (JBC) the list of nominees for the next Ombudsman.
JBC’s shortlist also included retired Sandiganbayan Presiding Justice G. Edilberto Sandoval and lawyer Felito Ramirez. — A.L. Balinbin

Puno: PHL not ready for parliamentary system

By Gillian M. Cortez
A LEADING proponent of the draft federal charter said the Philippines is not ready for a parliamentary system, going by last Monday’s power struggle at the House of Representatives.
Retired chief justice Reynato S. Puno, who headed the Consultative Committee (ConCom) to Review the 1987 Constitution, also said he will not support federalism without an anti-dynasty provision.
“Just look back at everything that happened in Congress last Monday,” he said in his interview with The Chiefs on One News, regarding the ouster of House Speaker Pantaleon D. Alvarez right before the State of the Nation Address (SONA) of President Rodrigo R. Duterte.
Mr. Puno said the committee supports a presidential federal type of government: “There would be less risk in adapting a federal presidential system of government. On the other hand, my fear is that we are not ready for a parliamentary form.”
“We have to educate the public about the advantages and disadvantages of a unitary form of government verses federalism, then we have to educate them about the federal structure–what will happen to the federal government–and more importantly, what will happen to the regions,” he also said.
“We like to point out that power will be shifted from the federal government to the federal regions, then you unlock the potential of the regions. We believe that is the key to development of the regions. We are not only devolving economic powers (but) we are also devolving political powers and this is what our regions need.”
Regarding political dynasties, Mr. Puno said, “If this anti-dynasty provision (in our draft federal charter) is taken out, I will not support federalism.”

Ramon Magsaysay Award bares 2018 roster

By Gillian M. Cortez
THE Ramon Magsaysay Award Foundation (RMAF), now marking its 60th year, announced on Thursday its six new awardees for this year, 2018.
The awardees, representing Cambodia, East Timor, India, the Philippines and Vietnam, “are clearly Asia’s heroes of hope,” said RMAF president Carmencita T. Abella.
They are Youk Chhang of Cambodia, Maria de Lourdes Martins Cruz of East Timor, Howard Dee of the Philippines, Bharat Vatwani and Sonam Wangchuk of India, and Vo Thi Hoang Yen of Vietnam.
Youk Chhang was honored for his efforts in preserving the memory of the Cambodian Genocide in the 1970s and turning this as inspiration for his countrymen to attain justice in their society.
Maria de Lourdes Martins Cruz was cited for humanitarian action towards the impoverished in East Timor and her efforts in pursuing social justice and peace.
Howard Dee was honored for his charitable services for the Filipino poor while helping them achieve progress in their lives.
Bharat Vatwani was awarded for his dedication towards the mentally-afflicted destitute, showing that restoration of dignity is possible even in the most ostracized in society.
Vo Thi Hoang Yen was cited as an inspiration for Persons With Disabilities (PWDs), showing that anyone in society could progress despite their physical condition.
Sonam Wangchuk was cited for producing learning systems in Northern India that have helped improved lives, especially among the Ladakhi youth.
Ms. Abella said, “All are unafraid to take on large causes. All have refused to give up, despite meager resources, daunting adversity, and strong opposition.”
The 2018 laureates will be formally awarded on August 31 at the Cultural Center of the Philippines.
The Ramon Magsaysay Awards was established in 1957 and is widely deemed the highest honor in Asia. It is given to individuals who possess and showcase exemplary leadership and selfless service like that of the late Philippine president after whom the award is named. To date, there are 330 Magsaysay laureates in the past 60 years, including this year’s awardees.

Comelec backs Robredo on 25% shading threshold

THE Commission on Elections (Comelec) has backed an appeal by Vice-President Maria Leonor G. Robredo, citing that the 25% shading threshold was used in the 2016 general elections.
“In the 9 May 2016 (elections), the Comelec generally instructed the voters to fully shade the ovals of the ballots. However, it ha(d) set the shading threshold of the oval at about 25% to guarantee that the votes are not wasted due to inadequate shading or that no accidental or unintended small marks are counted as votes,” Comelec said in its comment to the Presidential Electoral Tribunal (PET) dated July 23.
“All election results are based on this threshold,” Comelec also said in its comment.
The Comelec recalled in its comment that during the 2010 National and Local Elections, “the shading threshold was set at 50%” and shadings from 25% to 49% were “considered ambiguous marks.” The poll body Comelec argued this process lengthened queuing time in the polling place. Thus the threshold was thereafter set at 25%.
Ms. Robredo’s legal counsel Romulo B. Macalintal said in a statement on Thursday, “It is not only historical in the highly specialized field of election law, but more importantly it was a vindication of our voters’ constitutional right of suffrage which was placed in danger by some procedural technicalities raised by Marcos in the course of the revision and recount of the ballots at the PET.”
Former senator Ferdinand R. Marcos Jr. has a pending protest against Ms. Robredo’s election victory in 2016 as recognized by the Comelec, and has urged PET to apply the 50% shading rule.
The Supreme Court has dismissed Ms. Robredo’s petition to consider the 25% shading threshold and she has filed a motion for reconsideration last June. — Gillian M. Cortez

Ally says no conflict in joining Arroyo camp and supporting federal charter provision vs turncoatism

By Charmaine A. Tadalan
MEMBERS of the still-ruling PDP-Laban who plan to join the political alliance of newly elected Speaker Gloria Macapagal-Arroyo will continue to support charter change despite a ban, in the draft federal charter for their consideration, on party-switching or turncoatism, an ally of Ms. Arroyo said.
The draft Federal Constitution provides that members of political parties elected into a public office will be prohibited from switching parties, two years before and two years after a given election.
In a phone interview on Thursday, Deputy Speaker Rolando G. Andaya, Jr. said, “I don’t see any conflict there. As long as they’ve secured their place and the party is there, they won through that party, there is no reason na magkokontra sila doon (for them to oppose the provision).”
He explained congressmen are only being practical in switching parties in their attempt to lock in their positions for the next term. “Of course, they have to assure themselves first. That’s only practical,” Mr. Andaya said.
“How do you even get to the point of voting whether you’re for the new charter or not if you’re not even there,” he added.
The shift to a federal government is among the declared priorities of Speaker Arroyo, in line with the legislative agenda of President Rodrigo R. Duterte.
The Deputy Speaker, who was Ms. Arroyo’s budget secretary when she was president, earlier confirmed that some members of the PDP-Laban plan to transfer to the new Speaker’s Lakas-CMD party which may enter into a coalition with the Hugpong ng Pagbabago regional party founded by Davao City Mayor Sara Duterte-Carpio.
“Currently, there are more than a hundred plus (PDP-Laban members), but siyempre, (of course) there will be a few who will try it. Once may nakapasok na, tuloy-tuloy na ‘yan (someone gets in, more will join),” Mr. Andaya said.
He added: “Probably a party like Lakas will take this opportunity to rebuild and come up with a coalition, although that’s just my personal opinion. But that is a possibility na gawin nila para magkaroon ng national posture ang mga kandidato (that they will do for candidates to gain a national posture).”

Duterte to tackle with Cabinet SC ruling on LGU share of national revenues

By Arjay L. Balinbin, Reporter
MALACAÑANG on Thursday said President Rodrigo R. Duterte will take up at a Cabinet meeting scheduled Aug. 6 the recent Supreme Court ruling increasing the local government units’ (LGUs) share of national government revenues.
As for for the government’s option to file a motion for reconsideration on the high court’s decision, Presidential Spokesperson Harry L. Roque, Jr. said: “Well, I confirm as I said earlier, in the last Cabinet meeting, it was agreed upon that there will be a motion for reconsideration filed. But there has been a supervening event since the President, during the League of Mayors meeting in Davao, talked to the mayors about the ruling, and the President also had the occasion to talk to the party litigant in that case, [former Batangas governor] Hermilando I. Mandanas, who explained that this will not result in a budgetary deficit because it will not entail additional budget amounts.”
Mr. Roque added: “So, it is only transferring money from one pocket to another. I think the matter will be discussed in the next Cabinet meeting.”
Ang sabi naman ni [Mr.] Mandanas (said), malinaw na ho na sabi ng Korte Suprema, walang (it is clear that the Supreme Court said it has no) retroactive effect. So, it’s only a prospective effect,” Mr. Roque said.
Mr. Roque cited Mr. Mandanas, a former investment banker, as saying there is no need to increase the budget to comply with the ruling. “Meron po kasing tatlong areas sa Local Government Code na binigay na sa LGU,” he said. (There are three areas in the Local Government Code for the LGUs.)
Yung (The) DOH (Department of Health), yung agriculture, agrarian reform and social services, so bakit hindi na lang yung pondo (so why not use these funds) for these three, na nasa (which are already included in the) budget na ilipat na (that was transferred) from the national government dun sa (to the) IRA (internal revenue allotments) ng (of) local governments?” Mr. Roque said.
“So, it’s moving money from one pocket to the other. But I also understand that Mr. Mandanas has talked to, individually, to members of the economic team, but this will have to be discussed again in the next Cabinet meeting, and I guess the President would want to approve the Cabinet on any modification that may be required in the proposed 2019 budget,” he added.

Enabling the next phase of growth: Collaboration across generations, not disruption

By Shahab Shabibi
BusinessWorld SparkUp Sparkfluencer
TURNING the Philippines into a copy of Silicon Valley is a silly idea.
To understand the formation of Silicon Valley, we need to dig deeper and look at the root causes, not the outcome of its existence.
We tend to believe that in order to have similar by-products, copying may be the right course of action. But if we take a step back, we realize that Silicon Valley and its rapid growth was born of a radically different environment than the one we have today in the Philippines.
The emergence of Silicon Valley was the result of its properties and some catalyzers. It was a melting pot containing the existing business landscape, available resources, the needs of the times, domain expertise and willpower all coming together to make things possible.
To create rapid yet sustainable economic growth in the Philippines we need to recognize the unique properties and assets of our business scene and identify the growth catalyzers.
RESPECTING THE EXPERIENCED

We cannot believe that millennial entrepreneurs are going to single-handedly revolutionize the future of business here.

The Philippines has no shortage of decades-old family businesses and large enterprises which have been led by seasoned businessmen and women that have successfully managed to navigate this challenging and unique landscape generation after generation.
Ignoring these powerful and valuable assets of our business ecosystem in the name of innovation and disruption is just plain naive.
We cannot believe that millennial entrepreneurs are going to single-handedly revolutionize the future of business here.
The opposite is also true, where we cannot expect the enterprises of the next generation being built exactly the same way as the past using old methodologies.
ACKNOWLEDGING THE BUILDERS OF OUR FUTURE

Instead of pushing for disruption and aiming to make the old irrelevant, we can actually leverage the endless and practical knowledge of the older generations  —  in business or in any other field  —  to understand how can we create a better future.

We have to acknowledge that the future of the Philippines is going to be built by its youth.
We have to let go of the narratives that further drift apart our generations. We cannot build stereotypes around a whole generation and label billions of people with similar assumptions. How can you possibly say that all millennial or baby boomers act or behave in the exact same way across the board?
Millennials need to realize that the older generations had to work extremely hard to enable the stability and the security that we benefit from today. We have to remember that as children, we owe our parents much respect but not our lives, and we have to make our own decisions as well. We owe the future generations to work as hard, if not harder, and learn as much as possible from the people with the experience.
The experienced and the youth working together: a powerful narrative
To enable the growth of our future we can leverage the two biggest assets of our human capital, the experienced and the youth.
Instead of pushing for disruption and aiming to make the old irrelevant, we can actually leverage the endless and practical knowledge of the older generations  —  in business or in any other field  —  to understand how can we create a better future.
The youth with its energy can carry on the torch and tackle the new problems and challenges that we are facing with a renewed stamina.
Young entrepreneurs must collaborate with our established business leaders to unlock new potentials. Our tycoons and magnates can join forces with the new faces to take advantage of a fresh outlook in terms of how we solve our problems.
All of us, together with technology can create a powerful and positive impact to grow our economy faster than ever and enable more people than before to experience a better world.
Here in the Philippines, we have no shortage of limitations and issues that are waiting to be solved by those who are brave enough to embrace this identity. We can give birth to a unique yet growing business environment that is nowhere like a Silicon Valley but is built around our culture and identity that cannot be copied. Let’s build that future together.


Iran-born Shahab Shabibi is the co-founder and CEO of Machine Ventures. After founding his first company at age 13, he flew to the Philippines and built HeyKuya, an SMS-based personal assistant service, that gave job opportunities to men, through food delivery and travel booking, among others, to over 15,000 users. In only five months, HeyKuya was acquired by a similar Indonesian personal assistant service called YesBoss. Shabibi is a Forbes Under 30 Asia listee and was a speaker at the first BusinessWorld SparkUp Summit last May 2018 at SM Aura’s Samsung Hall.​

How the PCC is regulating a changing game

By Janina C. Lim
Reporter
THE COUNTRY’S historic comprehensive competition policy, which eventually led to the creation of its very first competition regulator, could be traced to a controversy involving garlic. In June 2014, the household staple became the center of an investigation after prices rose by 74% over a one-year period. The culprit: a cartel controlling 75% of the country’s garlic imports. Charges of graft and corruption were slapped on the people behind the cartel, but they were spared of charges of monopolistic behavior — no thanks to the country’s lack of a competition law at that time.

Thus when the Philippines — the last of the original five members of the Association of Southeast Asian Nations (ASEAN) to adopt such law — finally created an independent quasi-judicial body to promote and maintain market competition, the Philippine Competition Commission was seen to become a game-changer. Holding office inside the imposing DAP building along San Miguel Avenue, the watchdog stands guard over the bustling central business district of Ortigas, and by extension, the rest of the country.

But there was more to deal with. Aside from mediating between corporations, the newly formed commission, too, had to deal with the business landscape’s brave newcomers: the startups armed with game-changing ideas. Case-in-point: the controversial Grab-Uber deal.
THRESHOLD ISSUE
That most start-ups thrive in the Information Technology (IT) sector and often fall below the threshold poses as a challenge for some countries, according to PCC Commissioner Stella Luz A. Quimbo.
“[T]hese firms, these start-ups, are IT firms and tend to be smaller in terms of assets and revenues which is why there’s a threshold issue,” Quimbo said during a BusinessWorld roundtable with PCC Commissioners on June 1. “Meaning to say, they tend to fall below the threshold which is why many jurisdictions have been reassessing their threshold to try to automatically capture those kinds of transactions.”
Yet officials of the PCC believe that the country’s relatively new framework suffices in fostering competitiveness across industries amid disruption. The anti-trust body claims to recognize the need to keep up with the technological trends in order to effectively analyze rapidly changing markets.
The PCC itself has adjusted its thresholds for reporting mergers and acquisition deals. Last March, it hiked the threshold for the size of person to P5 billion and the size of transaction to P2 billion amid increasing appeals from the private sector.
In fact, a bill being proposed in Senate is pushing for the thresholds to be jacked up to more than P10 billion and even demands that an industry-specific threshold be set up.
“We still feel that a lot can be done that will be able to really filter what are anti-competitive mergers and acquisitions and what are not,” PCC Chair Arsenio M. Balisacan said.
“But if you’re asking that we should increase that to say three times that, we need to have at least a basis,” the economist noted, adding that setting up a threshold for each industry will be a “messy” approach with the vast range of sectors and sub-sectors.
However, a few days after the policy was imposed, ride-hailing start-up Grab bought out Uber’s Southeast Asian operations.

With the transaction falling below the new thresholds, the local units of the multinational ride-hailing companies did not seem to see the need to inform the PCC.
“But, thankfully, our law is modern enough that it actually allows us to do a motu proprio review which is exactly what we did with the Grab-Uber transaction,” Quimbo added.
The agency’s Mergers and Acquisitions Office has flagged Grab Holdings’ and MyTaxi.PH Inc.’s purchase of Uber and Uber Systems Inc. as resulting in a “substantial lessening of competition” in the ride-hailing market, citing price increases and deterioration of services that hint of the involvement of market dominance.
When asked if the Philippine Competition Act of 2015 is sufficient in analyzing new business models that are emerging in the digital age, Quimbo replied: “Yes, in terms of tools. Actually even in terms of the legal framework of the competition act.”
‘TECHNOLOGICALLY NEUTRAL’
For his part, PCC Commissioner Bernabe echoed the same, noting that the competition disciplines are established “to be technologically neutral.” However, he pointed out that the emergence of data-driven businesses are now being considered in gauging a transaction’s impact on a market. This, as many digital platforms today offer services in exchange of a customer’s personal information instead of monetary returns.
“Traditionally people look at goods and services as the conventional categorization of products… But now, what we’re really looking at are data, information. So that’s the new currency, that’s the new product which we will have to watch out for… to what extent can you gauge the competitive practices as they relay to data,” Mr. Bernabe said.
Asked, how the body is prepared in facing disruptive start-ups, PCC commissioner and lawyer Amabelle C. Asuncion said the current framework remains relevant on that aspect and only needs to be applied differently depending on the needs of a certain market.
“That issue has been raised by many foreign jurisdictions and the consensus is the rules that we have, that we use in analyzing competition issues remain relevant. There is still really no need for new rules. They are still useful,” Asuncion said.
Notwithstanding the relevance of the relatively new law that was languished for a quarter of a century before seeing legislation, the PCC believes it still needs to cope with the dynamism that technologies are creating in several markets.
“Our approach in the commission is to make sure we are always attuned to the times,” Balisacan said. “We have to be innovative as well and be adoptive in these situations.”

Business case study: Grabbing market shares

GRAB (or GrabTaxi as it was known then) is a mobile app that utilizes smartphone cloud-based technology to provide ride-hailing and logistics services. The concept was envisioned by Anthony Tan, a great grandson of an average taxi driver in Malaysia. Together with cofounder Tan Hooi Ling, Tan created MyTeksi, which became popular in Malaysia and eventually expanded into other countries in Southeast Asia under a brand new name GrabTaxi. GrabTaxi became the Philippines’ first “e-hailing” mobile app when it was launched in the country in 2013.
Available in iOs and Android formats, the app lets the user send their booking request to the drivers — handpicked from partner taxi fleets within a three-kilometer radius. The app will then calculate which taxis are nearest to the passenger in which case the information will be sent to that taxi. Upon booking, passengers can access the driver’s name, plate number, photo, and phone number. In addition, the app also displays a map that shows the driver’s real-time location as well as the estimated distance and projected time of arrival. The estimated fare is also shown once the passenger inputs their current location and desired destination.
After the ride, the passenger can rate their driver based on a five-star system (five being the highest) as well as giving them feedback. The grade will then be averaged and then shown to other passengers as reference to the driver’s performance. Any complaint against the driver will be investigated and can be grounds for suspension. When suspended, the company will confiscate the driver’s company-provided smartphone to disable him from connecting with passengers. To ensure safety, the passenger can share their bookings through social media platforms such as Facebook and Twitter.
In 2016, the company dropped the word “Taxi” from its brand to reflect its expansion in other transport segment. Grab (which will henceforth be called as such in subsequent mentions) as a brand will cover all its services: taxis (GrabTaxi), private car services (GrabCar), carpooling (GrabShare), and package delivery (GrabExpress).
Unlike other taxi operators, Grab does not need to own and operate its own taxi fleet. Instead, their strategy revolves around bringing taxi drivers (and other private owners of cars) onto using the platform. Under this strategy, they could simply sign up with the platform without the cooperation of taxi companies or other external parties.
The fare also depends on the dynamics between the existing supply of cars and demand of passengers. To start with, the fare is based on the LTFRB’s (Land Transportation Franchising and Regulatory Board) approved meter plus a booking fee of P70, in which the meter is only switched on once the taxi picks up the passenger.
To entice people in using their product, Grab offered regular promotion codes for fare discounts as well as free rides for the passenger’s first trip. In this case, part of the strategy was for Grab to subsidize these fees. For the drivers (called “partners”), incentives are provided by way of bonuses once a passenger quota is reached for a given period. According to Grab, 80% of the fare goes directly to the driver while 20% goes to the company for the use of their platform. Part of the 20% is spent on driver incentives and passenger promos.
Electronic payments are also encouraged on the Grab platform. GrabPay, its digital wallet, allows cashless transactions between drivers and passengers. By using GrabPay, driver-partners can easily transfer payments to their Grab-linked bank accounts and withdraw cash from nearby ATMs. Conversely, they can also reload their GrabPay accounts so that they can continue using Grab, which collects a fee for each passenger pick-up.
Meanwhile, passengers using GrabPay can earn rewards points for every ride, allowing them to enjoy discounts with Grab partners such as Agoda.com and Kentucky Fried Chicken, among others, in the Philippines. Passengers can also redeem those points by availing of P50 and P100 worth of discounts for their ride. Another way of enticing them to use GrabPay is by awarding them twice the rewards points that they receive from paying in cash.
Transport network companies (TNCs) such as Grab and Uber have also expanded their services by introducing GrabShare and Uberpool wherein they offer lower fares in exchange of sharing a ride with another passenger heading near one’s destination.
And this seemed to have worked as around 19% of commuters in Metro Manila have become reliant on ride-hailing apps, which is nearly double the 10% average in other capitals in Southeast Asia according to a study by Boston Consulting Group.
Similarly, results on Uber’s internal survey conducted last 2016 points to around nearly eight out of ten Metro Manila residents leaving their cars at home due to the so-called “carmageddon” that brought the speeds on EDSA, the Philippines’ busiest highway, to slow down to 10 kilometers per hour according to estimates.
When Grab was officially launched in the Philippines, Tan told the press that they chose the Philippines because of three things: the Philippine population, the fast-growing smartphone industry, and our culture. “I personally fell in love with the country, the culture, and the people,” he said.
The Philippines is home to approximately 105 million people and as such, its demographic profile remains a fundamental strength. With 31.95% of the population composed of those aged 0-14 years old as of 2015, the Philippines has a higher proportion of young people compared to those of Indonesia (27.69%), Malaysia (25.02%), Vietnam (23.09%), and Thailand (17.71%). Meanwhile, its working population (aged 15-64) is also increasing while those of its more developed neighbors are declining.
The country’s growth story is also intact. At around 73.3% of its gross domestic product in 2017, the Philippines ranked 3rd out of 63 economies in IMD’s World Competitiveness Yearbook 2018.
Like all businesses, Grab, along with other TNCs such as Uber, has faced stiff competition not only against each other, but also the traditional players in the taxi industry. In 2015, the government released the world’s first-ever rules on ride-sharing services, thereby creating a new transport category, the Transport Network Vehicle Services (TNVS).
Consequently, the taxi companies took a hit on their earnings. The 52-member Philippine National Taxicab Operators Association (PNTOA), which has a combined fleet of around 40,000 taxicabs, saw utilization rates go down by double-digits. According to lawyer and former Quezon City councilor Jesus Manuel “Bong” C. Suntay, around 85 out of every 100 taxicabs in the industry were up and running. With the entry of these TNCs, it went down to 70%.
The new regulation also provided a shortcut to securing a taxicab franchise — something the authorities stopped issuing years ago. For instance, the ease of ride-sharing registration on Uber benefited operators of “colorum” taxis that have been running without any franchise for years.
In a span of only two years since their entry in the Philippine market, the two TNVS app providers, Uber and Grab, have grown faster than traditional taxis. Based on their financial performance in 2011-2015, the most popular taxi operators clocked in a median growth in the low single-digits. In contrast, Uber grew by at least five-fold on its second year in the Philippines, while Grab expanded at least six-fold, with either company’s gross revenue surpassing any of the traditional operators by a factor of between two to thirty depending on the taxi company.
Aside from market competition, TNCs also face regulatory hurdles. In July 2016, the LTFRB released a memorandum suspending the acceptance and processing of applications for TNCs. Grab and Uber, however, were shown to have still accepted new drivers despite the order, leading the LTFRB to impose a P5-million fine each on Grab and Uber. In February 2018, the LTFRB lifted its moratorium on acceptance of franchise applications for ride-sharing vehicles, but placed a cap on the number of cars that were allowed to drive.
On August 2017, the LTFRB issued a show-cause order for Uber, saying that they violated the July 26 Order directing TNCs to stop accreditation and/or activation of TNVS. Two weeks later, Uber was given a month-long suspension when it was shown that it violated the said order, paying a P190-million fine for the suspension to be lifted.
Come March 26 this year, Uber and Grab announced that the former has agreed to sell its Southeast Asian business to the latter. Uber will then take a 27.5% stake in Grab and Uber CEO Dara Khosrowshahi will join Grab’s board. At that time, Grab was valued at an estimated $6 billion.
This effectively puts Grab with a 93% market share in ride-hailing according to a statement by the Philippine Competition Commission (PCC), adding that only 7% of the market share will be captured by new TNCs entering the market.
The resulting transaction has also led to the notion of Grab exhibiting monopolistic practices. Based on findings from the monitoring of 27,648 booking requests and mystery shopper surveys involving 1,104 rides, the PCC’s Mergers and Acquisitions Office has noted that before the transaction, Grab prices were “flat to declining,” but weeks after the sale saw “higher fares and increased frequency of surge-pricing applied.”
The PCC also noted that the quality of services of Grab has decreased following the buyout through increased driver cancellations; forced cancellation of rides; and increased waiting times, which they said, were compounded by the loss of Uber where trips were less likely to be canceled due to features which mask a prospective rider’s destination until pickup.
“While the Office notes that there are new entrants to the relevant market, historical data show that it would take a significant amount of time and cost for these new players to grow a driver and rider base sufficient to contest the incumbent. During such period, Grab will not be constrained by any competitor, allowing it to exercise its market power in the relevant market,” it explained.
As a response, Grab had begun the masking of trip destinations in April for around 25% of drivers, mostly those with high cancellation rates. It also said it had sanctioned around 500 drivers from high rate of cancellation.
The PCC also added the new entrants in the market are “not likely to exert sufficient competitive pressure on Grab.” Nevertheless, attempts were made to encourage new players in the ride-hailing industry. So far, the LTFRB has accredited five new locally owned TNCs: iPara Technologies and Solutions, Inc. (OWTO), Hype Transport Systems, Inc, Micab Systems Corp., Golag, Inc. (Go Lag), and Hirna Mobility Solutions, Inc.
Grab has defended its pricing and said that all fares are legally approved.
Also Grab Philippines’ Brian Cu has noted that Grab’s pool of 35,000 drivers falls short of meeting the 600,000 passenger demand it receives every day. After the acquisition of Uber, only 11,000 of 19,000 Uber drivers were able to move to Grab as some of the names were not in the master list of drivers of the LTFRB. Grab has been requesting the regulator to have the 6,000 drivers on-board to closer meet the demands of the riding public.
Cu had noted that the increase in the number of TNCs does not necessarily correspond to an increase in the number of cars on the road since the LTFRB has a cap of 65,000 TNVS allowed to drive.
“Even when the 600,000 [demand] gets spread out across five different TNCs, the supply wouldn’t change,” he said.
The LTFRB has a TNVS cap of 65,000 cars allowed to drive in Metro Manila, which is supposed to meet 75% of the demand for vehicles. All existing TNCs that follow a TNVS framework would have to get from the same pool of 65,000 cars.
Another concern for the country’s TNVS industry is the entry of another big player in the market. Antonio E. Inton, Jr., founder of Lawyers for Commuters Safety and Protection and former board member of LTFRB, had noted in a BusinessWorld podcast that their group will oppose the entry of Indonesian-based Go-Jek as it would gobble up the other existing players due to the cap placed on the TNVS cars.
This sentiment was echoed by Grab’s Cu in a separate podcast with BusinessWorld: “What will Go-Jek do? Go-Jek will come in, throw promos, increase incentives. Grab, kaya makipagsabayan niyan eh, kasi we have the capital (Grab can compete because we have the capital). But can the small players say the same? Kawawa sila (They’re pitiful),” he said. -text by Leo Jaymar Uy, BusinessWorld Research


END-OF-CASE QUESTIONS

  1. Based on the current developments in the TNVS market in the Philippines, what are Grab’s current (and future) opportunities and threats? How should Grab respond to them?
  2. If you had control in any of the business decisions made by Grab, what are other things that you would like to improve upon its business model?
  3. How should Grab maintain its dominant position as an incumbent player in the market?

The Philippine government and the new phase of public transport

By Denise A. Valdez
WITH SOCIAL MEDIA brimming with complaints from the riding public, the emergence of ride-hailing apps seemed like a sound solution to the perennial traffic problem. Transport Network Companies, or TNCs, offered services that allowed commuters to use their smart phones to get a ride, be picked up from their location, travel point-to-point and pay a reasonable amount for the service.
But the government says it still has a lot to learn about the technology to properly regulate it.

“The Philippine market was unwelcoming.” — Grab country head Brian P. Cu

“TNCs have found a niche addressing concerns of the riding public by making it easier for them to book a ride while using another sector of society: private car users,” said Land Transportation Franchising and Regulatory Board (LTFRB) board member Aileen Lourdes A. Lizada. “It’s an innovation using technology, and we say we welcome it.”
Previously, the game was dominated by Uber and Grab: the former hailing from United States and the latter from Malaysia.
Recalling the earlier days of Grab Philippines, Grab country head Brian P. Cu said: “the Philippine market was unwelcoming.”
He added, “No one believed in that segment. Everyone had their preconceived notions about how a taxi driver is, how he would behave. All those were negative, so no one wanted to take a bet on improving the lives of this segment.”
ISSUES
Ms. Lizada said LTFRB didn’t initially have policies for TNCs and their transport network vehicle service (TNVS). “Walang proper MCs (memorandum circulars), walang proper guidelines, and we could not understand ano ba talaga yung TNC [There were no proper memorandum circulars, no proper guidelines, and we could not understand what TNCs really were],” she said.
She added, “There was no regulation. It was a cat-and-mouse chase. There was no order. There was no enforcement. There was nothing at all. It was just TNCs and TNVS doing their own thing.”
But the public held on their support for the transportation alternative. When Uber and Grab faced issues with the government in 2017, its users actively campaigned on social media in defense of TNCs, expressing their support for the technology and airing their frustrations on its closest rival — taxis.
For Jose Regin F. Regidor of the University of the Philippines National Center for Transportation Studies (UP NCTS), the growth of TNCs and its eventual issue with the government could be traced to the traditional taxi system.
“We won’t be having this conversation if LTFRB did its job and influenced the taxi industry to improve its services,” he said. “I thought they didn’t do their homework in terms of reading and studying what ride sharing was all about in the first place. It seems they reacted as if they were being protective of the taxi industry.”
Ms. Lizada admits the government is only starting to learn how to manage the technology. “This is new. We are all learning from this experience. We’re not going to say we need to be 100% foolproof because it deals with another component — IT, technology. That’s our challenge,” she said.
She noted the LTFRB has no division whatsoever that is “high-tech enough” to equip the agency with the necessary knowledge to easily know what to do. “That means to say we need to have again plantilia positions for this. That means to say we need budgeting from the Department of Budget and Management to fund a new division, the IT division, to look into all of this. It’s not yet in the horizon,” Ms. Lizada said.
Grab’s Mr. Cu said they see the efforts of the government over the past two years. “When the new administration came in, they wanted to understand us a bit more, and they implemented certain measures which hampered the growth of the industry, but also, I think gave a bit of clarity to take away some of the uncertainty,” he said.
NEW TNCS
In May, the LTFRB allowed for the entry of five new TNCs — three that follow a TNVS framework, meaning they fare only private cars; and two that have a taxi-only fleet. The three that offer TNVS services are Hype, Go Lag and Owto, and the taxi-based ones are Hirna and Micab.
These new TNCs are all local companies looking to compete with Grab after it has dominated the industry when it bought the Southeast Asia operations of Uber in March.
The buyout, according to the Philippine Competition Commission (PCC), resulted in a virtual monopoly of the TNC industry. The antitrust agency maintained this stance even after the entry of local players.
Although they are optimistic, the new TNCs admit they are also worried they may have a difficulty competing in the market.
The chief executive officer (CEO) of Micab, Eddie F. Ybañez, said the exit of Uber left a vacuum in the market because there are still differences in its operations versus Grab which the public supported.
“It’s an opportunity for us. The thing is, we’re not as heavily funded as them. So in terms of logistics, hindi siya ganun kabilis [it wouldn’t be as easy],” he said.
For Owto’s CEO, Joel M. Gayod, the possible entry of more foreign ride-hailing giants is a point of concern. He said the government should give them a fighting chance first before letting in big companies.
“I hope LTFRB will see to it na mag-fly muna itong mga local TNC before they allow other companies to come in [I hope the LTFRB will see to it that the local TNCs fly first before they allow other companies to come in], he said.
Hirna CEO Francisco “Coco” Mauricio shares the same thoughts. “The government can best prepare for the entry of TNCs by having regulations and policies that can make it a healthier and fair business environment. Meaning they really have to place the new TNCs in an environment from which they can prosper instead of being eaten alive,” he said.
But Mr. Regidor of UP NCTS believes that TNCs may not be that huge of a threat to public transportation. “For the commuter, ang number one concern niya is not necessarily comfort and convenience eh. Fare [For the commuter, the number one concern is not necessarily comfort and convenience. It’s the fare],” he said.
“In the next few years, mass transit for Metro Manila will improve. MRT-7, Line 2 extension, Line 1 extension, Subway. Dadami options ng mga tao. Aside from costs, travel time susunod [The people will have more options. Aside from costs, travel time would be the public’s next priority],” he added.
The CEOs of taxi-based TNCs Micab and Hirna agree that the existing transport denominations are enough, as road decongestion remains a problem in the country.
“The reason why Micab is created is to optimize the existing public utility vehicles with our infrastructure. As much as possible, we don’t want to add more cars on the road, because ang liit ng kalsada natin [because our roads are narrow,” Mr. Ybañez said.
Hirna’s Mr. Mauricio said the same. “I’m actually helping public transportation not to become obsolete.
I think the taxi operators realize that. They need to have ride-hailing technology in order to make using taxi much more convenient and much safer, much more reliable, so they won’t become obsolete. As long as the taxi operators do their part in embracing technology,” he noted.
Mr. Gayod of Owto also thinks the use of technology for transportation is necessary to survive nowadays. “Everything now are in this platform. If you will notice, all sectors of the society are going into this kind of technology. So I wouldn’t be surprised if public utility vehicles become obsolete, unless they cope, they adjust,” he said.
NOT A COMPETITOR
But Grab’s Mr. Cu insists that they are not trying to compete with mass transit. Instead, what they want is for people to find the convenience of using a Grab car to get into the inner roads.
“Used correctly, ride-hailing could usher you into a new phase of transport. How you share cars, how you manage traffic, how you build infrastructure, how you commute, how you create income opportunities. Lahat talagang kaya niyang gawin [It can do anything],” he said.
As for the government, LTFRB thinks the future is bright for the ride-hailing technology. Despite all the mess it had recently with regards regulating the transportation innovation, Ms. Lizada said the fact that Congress is crafting legislation for it means they also see its potential.
The convenience it brings to the riding public, she said, is “interesting.”
“Let’s see how it will play out in the near future,” Ms. Lizada noted.