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How PSEi member stocks performed — February 27, 2019

Here’s a quick glance at how PSEi stocks fared on Wednesday, February 27, 2019.

 
Philippine Stock Exchange’s most active stocks by value turnover — February 27, 2019.

Five more subway contracts to be offered to bidders this year

THE Department of Transportation (DoTr) said it will solicit bids to construct five more sections of the Metro Manila Subway this year after it broke ground on the first segment Wednesday.
“[There are] six civil works contract packages including this… packages 2, 3, 4, 5 and 8… Everything else will be published at the same time by the end of the year. Then we will award by middle of next year,” DoTr Undersecretary for Railways Timothy John R. Batan told reporters during the groundbreaking event in Valenzuela City.
The groundbreaking marked the official start of the P365-billion subway project, which is scheduled to hit a partial operations milestone by 2022, covering the first three stations. Full operations over the entire 36-kilometer route are due by 2025.
Last week, the government signed its first, P51-billion contract with a Japanese-led consortium to design and build the initial section of the subway. The contract also covers the subway’s depot and the Philippine Railways Institute which will be the training facility for the subway’s operators.
Mr. Batan said the first contract — which was signed with the Shimizu Joint Venture (Shimizu Corp., Fujita Corp., Takenaka Civil Engineering Co., Ltd. and EEI Corp.) — is the biggest because of the depot, but the remaining five contracts will cover only two to three stations per package. Like the first package, these are also required to be awarded to a Japanese prime contractor.
For the operations and management (O&M) of the subway, Mr. Batan said the department also hopes to publish the bid invitation by the end of the year. The O&M concession period is still being determined.
The Metro Manila Subway is part of the government’s Build, Build, Build program, funded by a Japanese loan through the Japan International Cooperation Agency (JICA).
“We support the Philippines in shifting the ‘Build, Build, Build’ Program into higher gear. With cutting-edge technology, the Philippines can count on Japan’s extensive experience in railway operations,” Japanese Ambassador Koji Haneda said during the groundbreaking program.
The subway will have 19 train sets with eight cars each, which is expandable to 10 cars in the future. With the launch of partial operations in 2022, the subway is expected to benefit around 100,000 passengers. By the time the whole line is operational in 2025, it is expected to carry some 370,000 passengers.
The basic alignment of the train line will have 15 stations: Quirino Highway, Tandang Sora, North Avenue, Quezon Avenue, East Avenue, Anonas, Katipunan, Ortigas North, Ortigas South, Kalayaan Avenue, Bonifacio Global City, Lawton East, Lawton West, FTI (Food Terminal Inc.) and Bicutan. It will also have an optional extension from Lawton West station to the Ninoy Aquino International Airport (NAIA). — Denise A. Valdez

Palace asks future governments to ensure subway completion

MALACAÑANG on Wednesday said it hopes succeeding administrations will see to it that the Metro Manila Subway project is completed by 2025.
The groundbreaking ceremony for the subway took place on Wednesday afternoon.
“The critics say it can never be done. The cynics say it is just a dream. We are pleased to announce today’s groundbreaking ceremony of the Metro Manila Subway, which will be the first-ever underground railway system in the Philippines,” the President’s spokesperson Salvador S. Panelo said in a statement.
The first section of the subway is due for completion by 2022, when President Rodrigo R. Duterte steps down. The entire line is expected to be up and running by 2025, leaving the launch of full operations to the next government.
“Once it becomes serviceable, and with a speed of 80 kph, the riding public can travel from Quezon City to NAIA Terminal 3 in 30 minutes. There will be 15 stations, and the first three stations will be operational in 2022, according to the Department of Transportation (DoTr),” he added.
Mr. Panelo added: “We request succeeding administrations to exert the same effort until the railway system is fully completed.”
He said the Office of the President “will be monitoring the progress of this project and commits its all-out support to the DoTr and all agencies involved as they endeavor to deliver this facility to our countrymen.”
The public, Mr. Panelo also said, should “remain patient as it is us who will greatly benefit from gains of this major infrastructure project in the near future.”
The Metro Manila Subway, he added, is considered “the project of the century as it is a major transformational project in mass transport.” — Arjay L. Balinbin

IRR for new maternity leave law could be issued by May

LABOR SECRETARY Silvestre H. Bello III said that the implementing rules and regulations (IRR) for the newly enacted law that extends maternity leave may be issued by May.
The Department of Labor and Employment’s (DoLE) Mr. Bello told reporters that he is directing the Bureau of Workers with Special Concerns (BWSC) Director Karina Perida-Trayvilla to help the Labor department draft the IRR in less than the prescribed days.
“In fact, I talked to (BWSC Director) Trayvilla if we can do it in 45 to 60 days,” he said.
Republic Act 11210 or the Expanded Maternity Leave (EML) Law was signed by President Rodrigo R. Duterte last week. Section 19 requires the Civil Service Commission (CSC), DoLE, and the Social Security System (SSS) to issue the IRR within 60 days of its effectivity.
The law calls for the expansion of paid maternity leave, currently at 60 days for mothers who delivered naturally and 78 days for c-section deliveries, to a uniform 105 days. Mothers will also have the option to have an additional 30 days leave without pay.
Mr. Bello said that hearings for the drafting of the IRR will begin in early March. He added that he will meet with stakeholders from the government, labor, and management sectors.
“We will convene for the purpose of formulating the IRR… By early next month, we will convene,” Mr. Bello said.
He shrugged off concerns that the law will make women less employable. “(Employers) should have a positive position because this expanded maternity leave addresses the health of the employee. (There is just) initial resistance because it’s something new,” he said. — Gillian M. Cortez

NEDA pitches Japan on investment-friendly reforms due in Congress

THE National Economic and Development Authority (NEDA) told Japanese businesses that three pending laws representing major reforms will facilitate new investment in the Philippines.
Speaking in Osaka for the Philippine Economic Briefing (PEB) on Feb. 22, Socioeconomic Planning Secretary Ernesto M. Pernia said amendments to the Retail Trade Act, Foreign Investment Act and the Public Utilities Act will encourage more foreign investment in the Philippines.
“Besides our growth story that tells of the Philippine economy’s higher growth trajectory, there are several policy reforms already in place to accommodate more foreign investors in the country,” Mr. Pernia was quoted as saying in a statement sent to reporters yesterday.
The bills amending Republic Act (RA) No. 8762 or Retail Trade Liberalization Act seek to eliminate barriers to foreign investment by setting the minimum paid up capital to $200,000 and scrapping the minimum investment requirement of $830,000 per store.
Currently, the law provides a $2.5 million capital requirement for entrants that are wholly-owned by foreign entities.
“This should improve investment in the manufacturing sector, including small and medium-sized enterprises (SMEs),” Mr. Pernia said.
The House version of the bill is likely to secure third and final-reading approval when the legislative session resume after the May 13 mid-term polls. However, the bill’s fate in the Senate remains uncertain, amid opposition from small businesses.
“We are also proposing modifications in the Foreign Investment Act to reduce the threshold for foreign investors investing $100,000 in SMEs from 50 to only 15 direct employees,” Mr. Pernia added.
The measure also removes the practice of professions from the coverage of the Foreign Investment Act to allow other laws to govern foreign nationals practicing their profession in the Philippines.
The measure relaxing restrictions in the Foreign Investments Act could be one of the bills that could secure approval in the remaining days of the 17th Congress between May 20 and June 7.
Meanwhile, the Senate bill to amendment the 83-year-old Public Service Act is pending on second reading as of March 2018.
The amendments seek to provide a statutory definition of a public utility, which have been used interchangeably with public services over the years, causing confusion on whether certain sectors are subjected to foreign equity restrictions.
“It proposed that the transmission of electricity, distribution of electricity, and water works and sewerage systems shall make up the exclusive list of public utilities,” NEDA said in its statement.
Mr. Pernia told his audience that consumer and government spending are expected to pick up with headline inflation seen easing further this year.
Inflation was 4.4% in January, the third straight month it declined after hitting a nine-year high of 6.7% in September and October. The Bangko Sentral ng Pilipinas now expects inflation to average 3.1% this year after coming in at 5.2% in 2018, the highest in a decade.
“What is more, with the passage of the Ease of Doing Business Law and 11th Foreign Investment Negative List, we expect investors to pick up further, which should bring in more spending, and therefore sustain growth at a higher level,” Mr. Pernia added.
The central bank reported on Feb. 12 that foreign direct investment (FDI) posted a net inflow of $9.061 billion in the 11 months to November, down 3.2% from a year earlier.
Of the total FDI net inflows during the period, $189.03 million or 2.09% came from Japan, up from $14.79 million or 0.16% in 2017.
A day before the Osaka leg of the PEB in Japan, state economic managers and other Cabinet members met with Japanese officials during the 7th Philippines-Japan High Level Joint Committee Meeting on Infrastructure Development and Economic Cooperation, the Department of Budget and Management said in a separate statement.
The officials discussed infrastructure cooperation, socio-economic issues and the peace process in Mindanao as well as sectorial cooperation. — Karl Angelo N. Vidal

FM radio company UBSI wins Congressional approval for 25-year franchise extension

THE BILL renewing the broadcast franchise granted to Ultrasonic Broadcasting System, Inc. (UBSI) for 25 years is now ready for the President’s signature.
The House of Representatives concurred with the amendments the Senate proposed to House Bill No. 6754, extending the franchise of UBSI, an operator of FM radio networks.
The franchise permits UBSI to “construct, install, operate and maintain for commercial purposes radio and television broadcasting stations” in the country.
The bill amends Republic Act No. 8081, first enacted in July 1995 and due to expire in 2020. The House’s concurrence eliminates the need for a bicameral conference committee to reconcile conflicting provisions.
UBSI, whose stations are branded Energy FM, started operations in Davao City, Cebu City, Naga City, Camarines Sur and Dagupan, before expanding to Metro Manila in 2003.
The franchise extension requires UBSI to provide adequate public service time to allow the government to disseminate important messages of public concern. It cannot broadcast “obscene or indecent transmissions,” or disseminate “deliberately false information or willful misrepresentation, or assist in subversive or treasonable acts.”
UBSI is barred from transferring or selling its franchise to other entities without the approval of Congress. Non-compliance will result in the revocation of the franchise.
It is required to submit an annual report to Congress as part of the terms of the franchise on or before April 30 of every year. Failure to submit will subject the UBSI to a P500 fine per working day of noncompliance. — Charmaine A. Tadalan

Decoding the revised Corporation Code (Part I)

On Feb. 20, Republic Act 11232 was signed into law, amending the more than 38-year old Corporation Code of the Philippines. This comes at an opportune time, in the midst of an active government campaign towards the promotion of the ease of doing business in the Philippines. In 2018, the Ease of Doing Business Act was passed and a more liberal Foreign Investments Negative List was issued. Hopefully, the changes brought about by the amendments in the Code can complement these laws in pursuing the ultimate goal — to improve the Philippines’ competitiveness as an investment destination.
One of the most notable changes under the new Code is the grant of perpetual existence to all current corporations. Prior to the amendment, corporations were only initially granted a term of 50 years, subject to extension in accordance with the provisions of the old Code. Corporations with fixed corporate terms may now file for extension via amendment of their Articles of Incorporation (AoI) not earlier than three years prior to original or subsequent expiry date, unless earlier extension is justified. Once approved, the extension shall take effect on the day following the original or subsequent expiry date/s. As for those with expired terms, they are allowed to apply for revival of corporate existence subject to the approval of the Securities and Exchange Commission (SEC).
The new Code imposes stricter rules on the use of corporate names by granting the SEC the power to summarily order a corporation to immediately cease and desist from using a name found to be not distinguishable, already protected by law, or contrary to law, as well as to cause the removal of all visible signage bearing such name. In case of failure to comply, the SEC’s authority covers holding responsible directors and officers in contempt and/or administratively/civilly liable, or revoking the corporation’s registration.
Another significant change is the removal of the minimum subscribed and paid-in capital. Previously, at least 25% of the authorized capital stock must be subscribed and at least 25% of the subscribed capital should be paid at the time of incorporation. However, the “25% subscribed and 25% paid” requirement was retained in case of an increase in capital stock. Moreover, the application for increase or decrease of capital stock and creation/increase of any bonded indebtedness should now be filed with the SEC within six months from the date of approval of the board of directors and stockholders, subject to extension for justifiable reasons.
Incorporators now include “any person, partnership, association or corporation,” consistent with the introduction of the One Person Corporation (OPC) which is governed by its own Chapter in the new Code (the OPC will be covered in the next installment of this two-part article). The minimum required number for incorporators has also been removed, while keeping the same maximum number. It thus went from being “at least five but not more than fifteen” to merely “any number not exceeding fifteen.”
Next, the period of non-use of charter has been extended from two to five years. Thus, the certificate of incorporation of those which failed to formally organize and commence business shall now be deemed revoked “as of the day following the end of the said five-year period.” For those that commenced business but have become inoperative for at least five consecutive years, the SEC may place them first under delinquent status after due notice and hearing. Delinquent corporations shall have two years within which to resume operations and comply with the SEC’s requirements to lift the delinquency status. Otherwise, their registrations may eventually be revoked.
As regards the directors, the requirement that majority of them must be Philippine residents has been lifted. Corollary to this, directors may now be elected via stockholders’ vote given through remote communication or in absentia, provided such manners of voting are allowed under the by-laws or approved by majority of the directors. Discussions on other changes on the by-laws shall be covered next week in the second part of this article.
In addition, the boards of directors of corporations vested with public interest (such as listed corporations, banks, quasi-banks, pawnshops, etc.) are now required to have independent directors which must constitute at least 20% of such boards.
With regard to mandatory officers, the Code now requires that the treasurer be a resident of the Philippines. Additionally, corporations vested with public interest are now required to elect a compliance officer.
In the past, only the election of the directors and officers was required to be reported by corporations to the SEC within 30 days from occurrence. Under the new Code, within the same period, a report should be made in case of a change in shareholding and in the event of non-holding of elections together with the reasons therefor and the new date of elections which should not be later than 60 days from the scheduled date. In the absence of a new date, or unjustifiable failure to hold elections on the new date, the SEC upon application of a stockholder or director may summarily order the holding of elections and the issuance of the required notices as regards the place and time of the elections and designation of presiding officer, among others.
Should a director, trustee or officer die, resign, or in any manner cease to hold office, the period within which to file a notice to the SEC has now been fixed at seven days from knowledge thereof.
The SEC is now also vested with the powers to order on its own instance (motu propio) or upon verified complaint, the removal of a director elected despite a disqualification, or whose disqualification arose or is discovered subsequent to election. This is without prejudice to sanctions that the SEC may impose on other members who, despite their knowledge of such disqualification, failed to remove such director.
When a quorum is still present, filling up vacancies in the board of directors should now be made no later than 45 days from the vacancy, or not later than the day of expiration at a meeting called for that purpose in case of term expiration, or during the same meeting when removal was authorized, as the case may be. However, in the absence of quorum and when emergency action is necessary, the vacancy may be temporarily filled from among the officers by unanimous vote of the remaining directors. The authority shall only be limited to the necessary emergency action and should cease upon termination of the emergency or election of replacement, whichever comes earlier. The SEC should be notified as well within three days from the emergency designation.
New additions also include the option to incorporate an arbitration agreement in the AoI and the limitation on the management contract to a maximum of five years for any one term.

To be continued….

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.
 
Aimee Rose DG. dela Cruz is a senior manager with the Tax Services Group of Isla Lipana & Co., the Philippine member firm of the PwC network.
(02) 845-27 28
aimee.rose.d.dela.cruz@ph.pwc.com

Beyond Perception

Do others have a preconceived notion about your personality? Or do you quickly conclude a person’s character? If so, then Susan Cain’s book, Quiet: The Power of Introverts in a World That Can’t Stop Talking, might also capture your interest. Cain is an American writer and lecturer who earned her Doctor of Jurisprudence degree from Harvard Law School. She initially practiced her profession as a lawyer and negotiations consultant but later left her corporate career for the more serene life of writing. In 2012, she published the said book which described the value of introverts. She also co-founded Quiet Revolution LLC, a mission-based American company committed to “unlock the power of introverts for the benefit of us all.”
I was eminently intrigued on the “north and south of temperament,” and wanted to know more about it. The author presented extensive research, and I echo her ultimate intent of eliminating the stigma about introversion. I agree with her insights about how society looks up to the “extrovert ideal” — bold, loquacious, smart. Extroverts interact well with others as they are motivated by being involved. They seek more stimulation and prefer to engage in high-spirited activities, hence the loud and aggressive image.
In contrast, the introverts — meek, apprehensive, slow-witted — are commonly regarded as second best. The need for tranquility gives them a shy and unsociable persona. People tend to perceive achievers as assertive and overly confident individuals, which is why reserved and contemplative employees are undervalued. In addition, good speakers create an impression that they are smarter than the introverted even if there is no correlation between articulacy and great ideas. As a consequence, performance may be attributed to such behaviors resulting in an unconscious bias during appraisal or job promotion.
Great leadership can truly be manifested by people who see one’s talent beyond superficial impression. Introversion should not be considered as a limitation or disadvantage to an employee’s success. Instead, key attributes should flourish through one’s natural propensities. Leaders should understand that silent workers may have a distinctive means of showcasing their skills. For instance, being a little reserved during meetings does not always equate to a sign of disinterest. These individuals usually think deeply before taking action to give the most sensible remarks. They inherently want to be involved in an intellectual exchange of views and refuse pretentious conversation, i.e., speaking with substance rather than saying something just to be heard.
Furthermore, the concept of collaboration may be overemphasized leading to the “New Groupthink,” an idea that creativity and intelligence unfold from a gregarious environment. This may not be realistic for introverts as they may need time to work on their ideas first before an actual group discussion or brainstorming session. They do not avoid collaborating with others; they just don’t do it excessively.
Even workplace design is skewed toward extroverts. The current trend of open-plan offices is more appealing to extroverts while private spaces are typically more comfortable for introverts. This aspect also requires consideration from managers and will measure their ability to adapt and work on the strengths of their people despite differences in personality.
Lastly, the leadership skills of introverts must also be recognized. We must overcome the misconception that only the qualities of an extrovert make the best leaders. In reality, silent workers also have competencies that bode well for future leadership roles. In fact, their critical thinking may be a powerful edge in decision-making since they can be discerning and less impulsive. Oftentimes, introverts have a nurturing behavior which is an essential trait in people management.
Companies must put an end to the preconceived notion that quiet employees are less likely to succeed. They should look into the depth of one’s character instead. There are members of an organization who do not “shout” but are able to contribute substantial value to the business and perhaps, to the society as well. This rationale corresponds to one of Mahatma Gandhi’s inspirational quotes, “in a gentle way, you can shake the world.”
The ability to look beyond the surface of a person may be likened to an iceberg, the tip does not represent its entirety — if viewed more intently, there is definitely more to see. Introversion is not synonymous to substandard and should never be the sole basis of judging one’s capabilities.
 
Anne Riel Escaran is a Master in Business Administration student at De La Salle University. She was in the corporate world before she decided to pursue her passion for teaching. She now works as a senior high teacher in an exclusive school in Greenhills, San Juan.
anne_escaran@dlsu.edu.ph

The struggle with premature campaigns

One who has experienced an election or two will probably be familiar with the term “premature campaigning,” and what it means. Generally, we understand it to be the situation where prior to the official start of the campaign period (90 days for national election; 45 days for local election), a candidate begins to campaign for himself. This practice has been declared unlawful by our laws as early as 1985, as provided in Section 80 of Batas Pambansang Bilang 881, which reads:
“Sec. 80. Election campaign or partisan political activity outside campaign period. – It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period: Provided, That political parties may hold political conventions or meetings to nominate their official candidates within thirty days before the commencement of the campaign period and forty-five days for Presidential and Vice-Presidential election.”
In 2006, the Supreme Court, in Lanot vs. Comelec (G.R. No. 164858, 16 November 2006, 507 SCRA 114, 147), laid down the requisites for a conviction under Section 80, as follows: (1) a person engages in an election campaign or partisan political activity; (2) the act is designed to promote the election or defeat of a particular candidate or candidates; (3) the act is done outside the campaign period.
The second element requires the existence of a candidate who, under Section 79(a) of BP 881, “has filed a certificate of candidacy” to an elective public office. The third element requires that the campaign period has not started when the election campaign or partisan political activity is committed.
Hypothetically then, as discussed in Lanot, if an individual files his certificate of candidacy on the last day, Section 80 may only apply to acts done on such last day, which is before the start of the campaign period and after at least one candidate has filed his certificate of candidacy. Strategically then, an individual could wait until the last day to file his certificate of candidacy, to reduce the possibility of any liability under Section 80 from attaching to his acts of campaigning.
However, with the passage of R.A. 8436, otherwise known as “An Act Authorizing the Commission on Elections to Use an Automated Election System,” the deadline for the filing of a certificate of candidacy was moved to one hundred twenty (120) days before the elections. Thus, would an individual who filed his candidacy 120 days before the elections violate Section 80 if he engaged in partisan campaigning before the campaign period?
To resolve this, the Supreme Court, in Lanot (in relation to the May 2004 elections), revisited the intention of the framers behind R.A. 8436, and ultimately concluded “that the deadline had been moved earlier only for the purposes of printing the official ballots, xxx” and that “xxx Congress, however, never intended the filing of a certificate of candidacy before 2 January 2004 to make the person filing to become immediately a ‘candidate’ for purposes other than the printing of ballots.” Section 80 therefore would not penalize those who filed their certificates of candidacy to meet the early deadline.
The above-ruling was adopted into law through R.A. 9369, which amended R.A. 8436. Under Section 13 of R.A. 9369, Section 11 of R.A. 8436 was amended as follows:
“Sec. 15. Official Ballot. – xxx For this purpose, the Commission shall set the deadline for the filing of certificate of candidacy/petition for registration/manifestation to participate in the election. Any person who files his certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided, That, unlawful acts or omissions applicable to a candidate shall take effect only upon the start of the aforesaid campaign period: xxx”
In providing that a candidate is considered as a candidate at the start of the campaign period, the Congress limited a candidate’s liability for an election offense only for acts done during the campaign period, and not prior — a detail which to date has prevented any conviction for premature campaigning under BP 881. In fact, based on such amendment, the Supreme Court reversed its earlier ruling in Peñera vs. COMELEC (G.R. 181613, 25 November 2009, 605 SCRA 574) and declared that Peñera could not be liable for premature campaigning for holding a motorcade the day before the campaign period, as she was not yet considered a candidate on that day. So, if you’re wondering why political campaigns appear to start too early, you needn’t look too far from the law that governs today’s elections.
This article is for informational and educational purposes only. It is not offered as and does not constitute legal advice or legal opinion.
 
Emiko Antonette T. Escovilla is an Associate of the Davao Branch of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW). She is currently training at the Head Office with the Litigation and Dispute Resolution Department.
etescovilla@accralaw.com
(632) 830-8000

Can proof-of-parking work?

A bill on “proof of parking” is now up for consideration at the Senate. How this legislation can actually be effective in easing traffic congestion in Metro Manila is still lost on me. Instead of moving on it hastily, by making it a “priority” measure, I strongly suggest a proper study first be done on how it can best work for us.
There are at least three other cities abroad — Tokyo, Hanoi, and in some states in India — that have reportedly considered or experimented with “proof of parking.” Their experiences deserve consideration as our legislators try to craft a similar policy to deal with the twin problem of traffic and congestion, particularly in urban areas.
Should we even consider a “national” policy when the “traffic” problem appears to be more local to densely populated cities? What do farmers in far-flung rural areas, grappling with poverty and other concerns like hunger and housing, have to do with car ownership and suitable parking?
The strategy of “decongestion” can be national, but policy and implementation might best remain local. This is more in line also with devolution, regional autonomy, and possibly federalism in the future. Not all cities and towns are the same, and face the same problems. There is no “one size fits all” solution to this issue.
Also, will the proposed law just make it more difficult particularly for the middle class to become self-sufficient in transportation? For many, it is easier, and perhaps more urgent, to buy a car or motorcycle than a home with parking. But with Senator Sherwin Gatchalian’s bill, it seems you cannot have one without the other.
His proposed Proof-of-Parking Space Act will reportedly require individuals and businesses to execute an affidavit confirming that they have acquired a parking space before being allowed to purchase vehicles. But if you park in a public parking space for a fee, what proof of “acquisition” can you actually present?
In Makati City, for instance, the local government instituted “one-way” streets and “one-side parking only” in places like San Antonio and Bangkal. Meantime, a big public parking lot, for pay, was put up by a private group within the San Antonio area. People now park at this lot, with option to pay daily, weekly, or monthly. In a way, congestion and lack of parking was addressed, without a proof-of-parking law.
The proposed law also mandates the Land Transportation Office (LTO), the Metro Manila Development Authority (MMDA), and local government units to conduct road inspections and to remove illegally parked vehicles. But local ordinances to this effect are in place. Also, is it within the mandate of LTO to deal with illegal parking issues?
See this link (in the online version of this column) to get an idea of what I mean by one “proper” study on an “issue” or concern — in this case, car parking in Metropolitan Tokyo. Another useful link is the Asian Development Bank study on parking policy in Asia. The study was authored by transport policy expert Paul Barter and a team of experts.
In the case of Tokyo, information available online from Barter indicate that as early as 1957, a parking law already banned “on-street” parking, in general. But there are exceptions to the rule. Then in 1962, Japanese law also required motorists to prove they have access to a local parking space.
parking
In his blog, “Reinventing Parking,” Barter noted that Tokyo motorists must first get a “parking space certificate” or “garage certificate” from local police prior to car registration, or when changing residences. Barter, an Australian who lives in Singapore, is a transport-policy researcher and adviser and has been writing about urban transport policy in the last 25 years.
Tokyo’s “on-street” ban specifically prohibits “overnight parking” but allows for some daytime and nighttime parking in some areas, Barter noted. However, never overnight parking. The same rule applies in places such as Paris and San Francisco. Day-time parking is metered and time-bound. By a certain time in the evening, parking will be free for all, if first-come, first served. But by a certain time early morning, the streets should be clear of parked cars. Then metered parking applies again by mid-morning.
In Tokyo, day-time on-street parking spaces reportedly have a time limit, Barter noted. And “free” on-street parking in the evening is tolerated, only because meters have stopped working, but after 3:00 a.m. all vehicles still parked will be towed away. Pay parking also adds to city revenues.
The “on-street” parking ban, the overnight parking ban, and the parking certificate requirement all work together in Japan. Not just one but three policies working simultaneously. The ban on all-night parking reportedly makes it useless for people to cheat on the proof-of-parking rule, Barter added.
“Basically, you would need very effective control over on-street parking and a very efficient parking permits system that avoids issuing too many permits. Not easy. And these steps can be prone to corruption problems too, of course,” Barter added, noting the realities of local governance.
He also noted that Hanoi in Vietnam also experimented with the “proof-of-parking” requirement, but reportedly dropped the program for “fear of corruption.” In 2017, however, the iParking application was launched in Vietnam to allow motorists to find parking spots and pay parking fares using their smartphones. With the app, one can look for parking, pay electronically, extend parking, and receive parking receipt.
Meantime, Hanoi has also significantly raised on-street parking fees since late 2017. It is also implementing an odd-even scheme where vehicle owners will be required to park on the side of the street with odd-numbered houses on odd days, and on the side of the street with even-numbered houses on even days.
Obviously, many Asian cities are now grappling with congestion issues. Traffic and parking concerns are consequences of such congestion, and it has now become urgent for many cities to consider decongestion policies and programs to keep themselves livable and sustainable.
Doing updated transport studies involving our cities, and making them public prior to public hearings, will add to transparency and accountability in legislating and policy making. Such a process can help prove that policy went through a proper vetting process that involved extensive research and comments from stakeholders.
Policy should not be the result of whim, or caprice, or election considerations, or bowing to vested interest, or possible personal gain. The Senate should make public scientific research on the matter before it finalizes the proof-of-parking bill. That way, stakeholders can all be on the same page as to why this is absolutely necessary.
 
Marvin Tort is a former managing editor of BusinessWorld, and a former chairman of the Philippines Press Council
matort@yahoo.com

The curse of Adam and Eve

The recently concluded “Abuse Summit” at the Vatican convened by Pope Francis frontally addressed the problem of priestly sexual abuse — a problem and a challenge set against the extremely difficult-to-meet standard of priestly celibacy.
Priestly celibacy, according to the rules of the Catholic Church, means being unmarried. In practical terms, it actually means sexual abstinence — which, frankly, is a denial of a basic human urge.
If one were to attempt to interpret the Bible, sexual abstinence is also a virtual denial of what the Lord God Himself urged Adam and Eve to do shortly after their creation: “Be fertile and multiply; fill the earth and subdue it.”
Simon Peter, the first pope, was a married man. In the New Testament, Jesus Christ healed Peter’s mother-in-law, which suggests that he had a wife. In the history of the Catholic Church, there were Popes who were married and who had children. Pope Saint Silverius (he was later canonized) was the legitimate son of Pope Saint Hormisdas (who was married before becoming Pope and who was also canonized later on).
And we must have all read about the infamous Borgias, particularly Alfons de Borgia who became Pope Callixtus III and Rodrigo Lanzol Borgia AKA Pope Alexander VI.
It was not until the Second Lateran Council in the twelfth century that the Church established the rule forbidding priests to marry. This was reaffirmed in 1563 by the Council of Trent.
So, if being sexually active is being human, if even the Lord God mandated it, and if celibacy was not imposed by the Church until centuries after Peter became Pope, what was the Abuse Summit all about and why the hassle?
Firstly, being sexually active is different from being sexually abusive. The first is part of human nature. The latter is a violation of both Church law and criminal law. Members of the clergy who use their position to take advantage of sacristans, school boys, and women are violating the law of God and of society.
Secondly, the priesthood is not for everyone. It is a call to virtual sainthood. If, as Jesus said, it would be easier for a camel to go through the eye of a needle than for a rich man to enter the Kingdom of Heaven, how much more difficult would it be for a human being-priest to resist the call of the flesh and the carnal temptations confronting him?
What is, in fact, remarkable is how few cases there are of confirmed, recorded, or reported cases of priestly abuses in the Catholic world compared to the number of Catholics (1.2 billion) and priests (414,313 as of 2012).
In the Philippines, a country of over 100 million, the Catholic Church reportedly “apologized for sexual abuses, including adultery, homosexuality, and child abuse by 200 priests over the previous 20 years.”
Granted that hundreds — even thousands — more abuses have not been reported (excluding Padre Damaso’s affair with the mother of Maria Clara, which Dr. Jose Rizal recounted in the Noli and the Fili), that would still pale in comparison with the incidence of graft and corruption in all sectors of Philippine politics, public service and business
Of course, these numbers are irrelevant. As Bishop Michael C. Barber, SJ, of the Archdiocese of Oakland, California, rightly put it in his pastoral letter read last Sunday by our pastor, Fr. Geoffrey Baraan, at St. Joseph Church in Pinole: “The only acceptable number is zero.”
Bishop Barber had released the names of “20 diocesan priests, 22 religious order priests, deacons and brothers, and three priests from other dioceses who have worked in the Diocese of Oakland and have had credible accusations of sexual abuse of minors.”
The release of the names of the culprit clerics appears to be a direct result of the Abuse Summit in the Vatican. While the Church hierarchy wrestles with the mandate of Pope Francis, one significant move that the Diocese of Oakland has taken has been to unravel the “pontifical secret,” described as “a policy of confidentiality in the Church, regarding cases of sexual abuse of minors.”
According to Church leaders, “while the Church has acknowledged for decades the seriousness of the crime of abuse of minors by clergy, this was the first time there has been an equally clear acknowledgment of the gravity of cover-up” — which, in plain language, is what “pontifical secret” means.
Clearly, this “pontifical secret” has practically condoned priestly abuses, by allowing the culprits to remain anonymous. So why not just fire or defrock the predatory priests, one might ask?
It appears that separating someone from the priesthood is not as easy as terminating a layman-employee. An article in The Sun, a newspaper in Seattle, Washington, reporting on the “resignations of two priests who were removed from active ministry amid allegations of decades-old sexual abuse” stated:
“Both will remain on the archdiocese payroll unless they are ‘defrocked,’ or laicized — a cumbersome process that requires Vatican approval..
“Unlike secular employers, who may summarily terminate the position of an employee accused or suspected of misconduct, bishops have made a lifelong commitment to provide spiritual, intellectual and financial support to the priest,’ The Very Rev. Anthony Bawyn of Seattle, a canon lawyer and consultant on canon law for the archdiocese, said in testimony for a 1996 court case.
“Even valid allegations of misconduct are not in and of themselves grounds for terminating the virtually irrevocable obligations that the bishop has assumed vis-a-vis the priest.’”
In the wake of the Abuse Summit, the Catholic hierarchy must now confront a problem that it has had to contend with — and at times, chosen to ignore — for centuries.
It is not an easy problem to deal with. The problem goes back to Genesis. While God gave Adam and Eve a lot of latitude in the Garden of Eden, they were forbidden from eating the fruit of the tree of the knowledge of good and bad. But God also gave them free will, thus making them vulnerable to temptation. Worse yet, God also exposed them to the wiles of the serpent. These conflicting circumstances were a challenge and a curse that Adam and Eve had to deal with – and they failed.
This is the sort of “imperfection” for which His Perfect Excellency President Rodrigo Duterte called the Lord God “stupid.” I hope some clear-minded aides have subsequently explained to Duterte that God could not have made Adam and Eve perfect because there can only be one perfect being — God. That means everyone else is imperfect — including Duterte.
At any rate, the curse Adam and Eve had to bear is the same curse confronting the Catholic clergy. While they possess the power to forgive sin and thus open the gates of Heaven — they themselves are vulnerable to sin. Just as Adam and Eve were warned against eating from the forbidden tree, these priests are forbidden from availing of the fruit of the flesh because of the rule of celibacy — in conflict with their human-ness.
However, according to scholars, the Catholic Church “distinguishes between dogma and regulations.” The male-only priesthood is said to be Catholic dogma, irreversible by papal decree. The ban on marriage is considered a regulation that the Pope can rescind.
But will Pope Francis do it. Should he do it?
I guess it depends on how one regards his obligations to God. When Jesus confided to His apostles that he would surely go to His death in Jerusalem, Simon Peter protested and declared that he would not allow it. Jesus tells him: “Get behind me, Satan! You do not have in mind the things of God, but the things of men.”
His crucifixion was the commitment of Jesus Christ to mankind. The burden being borne by Catholic priests is a symbol of their own commitment to their vocation. How much of that burden can they bear?
This brings to mind something that I wrote many years ago as a prologue for Malvarosa, a film produced by LVN Pictures:
“How much can the human spirit bear
Of the muck and the mire to which flesh is heir?
Can a flickering ember still burst into flame?
Must a frail child, falling, be held to blame?”
Heaven only knows.
 
Greg B. Macabenta is an advertising and communications man shuttling between San Francisco and Manila and providing unique insights on issues from both perspectives.
gregmacabenta@hotmail.com

Dyip stop losing skid

By Michael Angelo S. Murillo
Senior Reporter
THE Columbian Dyip put a stop to their three-game losing streak in the PBA Philippine Cup, defeating the Meralco Bolts, 86-85, in the league’s return after a two-break on Wednesday at the Smart Araneta Coliseum.
Showed dogged determination, the Dyip (3-4) outlasted the Bolts (2-4) to return to the win column in the season-opening Philippine Basketball Association tournament.
Wednesday’s match incidentally marked the return of the PBA after giving way to the successful campaign of the league-backed Gilas Pilipinas in the FIBA Basketball World Cup Asian Qualifiers.
Meralco was on its element to begin the contest, doing it on both ends to claim a 24-11 lead by the end of the first period.
In the second quarter, Columbian played with more bearing.
Led by Rashawn McCarthy and CJ Perez, the Dyip made their way to within four points, 38-34, by the 3:26 mark of the frame.
But the Bolts went on a 7-2 run in the next minute to mount a 45-36 separation before eventually settling for a 45-42 advantage at the half.
The two combatants engaged in a slugfest with Mr. McCarthy leading Columbian and countered by Baser Amer for Meralco.
The score was at 56-all with 3:36 to go in the quarter; a setup that would hold at 66-all entering the payoff quarter.
With the outcome of the match still very open, the teams tried to will themselves over the other and establish momentum heading into the homestretch.
Columbian had early success, opening the quarter with a 6-0 run to take a 72-66 lead in the first two minutes.
Meralco though would make a 5-0 blitz of its own in the next minute to come within one point, 72-71.
A back-and-forth then ensued that saw the teams at a tight 79-78 count, with the Dyip ahead, at the halfway point of the quarter.
Mr. McCarthy once again led another Columbian run, pulling his team to an 86-80 distance entering the last two minutes.
Chris Newsome pulled Meralco to within four, 86-82, with a pair of free throws with 1:15 to go before adding a triple with 35 ticks remaining to make it a one-point affair, 86-85.
Mr. Perez tried to extend Columbian’s lead but his short jab at the basket with 14 seconds left failed to connect after which Meralco sued for time to execute a play.
The Bolts milked the clock and tried to win the game but the Dyip’s defense held up, forcing Mr. Amer to a contested triple as the final buzzer sounded.
Mr. McCarthy had a career-high 30 points for Columbian in the victory with Glenn Khobuntin and Eric Camson adding 14 and 10 points, respectively.
For the Bolts it was Mr. Newsome who showed the way with 17 points with Ranidel de Ocampo and Cliff Hodge finishing with 14 apiece.
“It’s nice to be back here after three straight losses,” said Columbian coach John Cardel during the postgame press conference for the winning team.
“During the break I allowed the players to get some break but worked as well on our game. We’re happy to have won and looking forward to our next game,” added the coach whose wards face off with the Blackwater Elite on Friday.

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