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POEA eases restrictions on Libya OFW deployment

THE Philippine Overseas Employment Administration (POEA) has released a resolution that will allow the deployment of returning Filipino workers to Libya, after the imposition of a total deployment ban last year.
POEA Administrator Bernard P. Olalia said at a briefing on Tuesday: “As a result of the DFA (Department of Foreign Affairs) lowering the Crisis Alert Level in Libya from Alert level 3 to Level 2, we now allow the processing of the Balik-Manggagawa (returning workers) to Libya.”
In Governing Board Resolution (GBR) No. 1, series of 2019 issued on Jan. 28, POEA said Foreign Affairs Secretary Teodoro L. Locsin, Jr. wrote to Labor Secretary and POEA Governing Board Chairperson Silvestre H. Bello III regarding the lowering the crisis alert level.
“The POEA governing board… resolves to allow the processing and deployment of all Balik-Manggagawa to Libya,” the resolution stated.
The POEA issued GBR No. 8, Series of 2018 in November which imposed the ban on newly-hired workers but exempted returning OFWs “under specified skill categories.”
The exemptions include OFWs employed by diplomats, embassies, international organizations and academic institutions; OFWs working in offshore oil rigs; those who were on vacation before the announcement of Crisis Alert level 3; and Filipinos married to Libyan nationals.
The Overseas Filipino Workers Organization-Benghazi (OFWO-B) appealed to POEA in December for the inclusion of engineers, company employees, nurses, and teachers in the Libya travel ban exemption. — Gillian M. Cortez

Senate approves tax perks for small gold miners on 3rd reading

THE Senate on Tuesday approved on third and final reading a bill offering tax exemptions to small-scale miners who sell their gold to the Bangko Sentral ng Pilipinas (BSP).
Senate Bill No. 2127, or the Act to Strengthen the Country’s Gross International Reserves (GIR), was approved with 12 affirmative votes, zero negative votes, and no abstentions.
The measure seeks to amend sections 32 and 151 of the National Internal Revenue Code (NIRC) in order to provide income and excise tax exemptions to registered small-scale miners and accredited traders on their gold sales to the BSP.
The central bank purchases gold from small-scale miners in accordance with Republic No. 7076 or the People’s Small Scale Mining Act of 1991, aside from other sources.
In a statement on Tuesday, Senate ways and means committee chair Juan Edgardo M. Angara said the measure will enable the BSP to increase its gross international reserves, which he noted fell to their lowest level since 2011 at $74.8 billion in October.
“It would be far more prudent if we work towards deepening our international reserves, instead of focusing on collecting rather shallow revenues from gold sales. The first undoubtedly overshadows the latter — considering the social impact of returning to the formal sector the sale of gold from small-scale mining,” he said.
GIR totalled $78.46 billion in December, according to the BSP. The value of its gold holdings was recorded at $8.154 billion during the month.
Mr. Angara said the bill will also help small-scale miners receive a fair price for their gold by selling to the BSP, instead to the black market, where he said prices were below market levels.
Its counterpart measure, House Bill No. 3297, was approved on third and final reading on Oct. 8. — Camille A. Aguinaldo

Senate to look into Mislatel compliance with franchise terms

THE Senate committee on public services will resume its hearing looking into the selection process for the telecommunication industry’s third player on Wednesday.
The panel is investigating the award of third-player status to a consortium that includes the Mindanao Islamic Telephone Company, Inc. (Mislatel), and whether the latter violated the conditions of its franchise.
“Our committee needs to settle the issue of Mislatel’s franchise for the public good. We need to hear the positions of various agencies and our fellow senators on this matter and we will come up with our position soonest,” Senator Grace S. Poe-Llamanzares said in a statement on Tuesday.
The committee will tackle House concurrent resolution No. 23 transferring the franchise of Mislatel to the consortium that won selection as the third player.
During the Senate panel’s Jan. 24 hearing, Minority Leader Franklin M. Drilon maintained that Mislatel failed to comply with the requirements of its legislative franchise which was granted in April 1998.
Mr. Drilon said Mislatel did not inform Congress of the transfer of its controlling stake to new investors. He added that the company also failed to operate within a year after it secured the franchise.
Ms. Poe-Llamanzares noted that a new selection process could be more favorable to the public than allowing the operations of a company saddled with franchise issues. She said legal entanglements in the courts might delay the fast and reliable internet that consumers are seeking.
“On the other hand, if we made a decision immediately (that) Mislatel’s franchise is illegal, we can start with the bidding again, but it will be delayed for about three months… That is the result, so we will think, if we do not do our work in scrutinizing this, another three months’ delay or perhaps years or even a decade in the courts,” she said in a radio interview, the transcript of which was contained in a statement.
Ms. Poe-Llamanzares said the committee report on the matter is expected to be released next week.
Invited to the hearing are Acting Secretary Eliseo M. Rio Jr. of the Department of Information and Communications Technology (DICT), Justice Secretary Menardo I. Guevarra, Solicitor General Jose C. Calida, National Telecommunications Commission (NTC) chairperson Gamaliel A. Cordoba, Philippine Competition Commission (PCC) chairperson Arsenio M. Balisacan and Securities and Exchange (SEC) chair Emilio B. Aquino.
Lawyers such as Integrated Bar of the Philippines (IBP) president Abdiel Dan S. Fajardo, Philippine Association of Law schools (PALS) chair and Lyceum of the Philippines University College of Law Dean Ma. Soledad D. Mawis were also invited to the hearing.
Mislatel president and CEO Nicanor L. Escalante has said that the company was issued a provisional authority in 2001 and was ready to operate. However, he said the law and order situation in Maguindanao has not allowed them to operate.
The Senate panel will also discuss other transportation policies such as the option allowing motorcycles to operate as public transport and the operational issues of the Paranaque Integrated Terminal Exchange (PITX). — Camille A. Aguinaldo

Challenging opportunities in agribusiness

Agrarian reform should not be a hindrance to corporate farming. Agribusiness does not require ownership of land. Modern corporations such as Del Monte developed contractual relationships with small holder farmers which supplied produce which the corporate agribusiness venture turned into packaged consumer goods through value-adding technologies. Given the aging population of our farmers, who are now reported to be 60 years on the average, government should seriously take a look at the situation; and sooner rather than later take steps to make it easier for corporate investors to risk good money in agribusiness.
I do not know what Hacienda Luisita is doing these days; but it seemed to me that its traditional and feudal thinking on land ownership as necessary for agribusiness has become obsolete. It could have re-oriented its relationships with its erstwhile tenants and dealt with them as contract growers who provide land and labor. The agribusiness venture, e.g., Hacienda Luisita, could provide capital, technology and access to markets. They could have negotiated an “everybody happy” business relationship where the gains from the business are shared justly. With enough imagination and constructive negotiations, much of the hostilities could have been avoided.
Agriculture, given climate change, is a risky business; and I guess this is one major reason why investors shy away from its challenges. Therefore, government should seriously consider providing incentives such as tax holidays, lower income taxes, and easier access to bank loans. Perhaps crops insurance can be mandatory, if it is not yet, to make it easier for the banks to take risks.
To make it worthwhile, agribusiness ventures must have expertise in value adding. There are so many missed opportunities because big business does not seem to look beyond low-risk ventures in franchise businesses such as power generation, or public works projects, which are risk-free money makers. Perhaps government can also consider encouraging investments in agribusiness for big businesses that are into highly profitable public works and franchise businesses.
Or, better yet, big businesses can get together to help address poverty and food security issues by mobilizing venture capital into corporate agribusiness. Small-holder farms are a threatened species; more and more are being converted into housing subdivisions. Strategic and imaginative policies must be formulated and implemented, the sooner, the better. Children of farmers do not want to be farmers. Neither are their aging parents encouraging them to get their hands dirty for back-breaking work.
Dr. Justino Arboleda’s coconet technology which works with coconut farmers in the provinces to convert coconut husks into coir, and to process these on-farm into twine and soil erosion control nets, is an example of imaginative use of technology to turn what would otherwise be thrown away as garbage into a tool for environmental protection. Arboleda does not need to own land to thrive in this business. The coir is also exported to China, Japan, and parts of Europe as materials for mattresses and upholstery; markets to which Arboleda has gained access. Coconut shells are turned into peat and sold in Australia as “flooring” for cattle farms. The peat and manure mix then becomes fertilizer. The great thing is that this coconut-based business has provided value adding incomes in rural areas. It is unbelievable that the United Coconut Planters Bank turned down Dr. Arboleda’s loan application to fund his expansion in order to meet the huge demand for his products. Then Public Works Secretary Babes Singson had been encouraged by then President Noynoy Aquino to adopt the coconet for use on its public works projects. Arboleda finally obtained expansion funding with the help of the late, great Washington SyCip.
Disruption is reaching the farming business, with information technology making it easier for farmers to keep up to date on the latest techniques to increase their productivity. But mechanization has become more and more mandatory for farming because of the aging population and the demands for higher productivity. This can only happen if economies of scale are achieved through agribusiness ventures. There are a few successful cooperatives that have become large agribusinesses, such as the CAFFMACO (Cavite Farmers Feedmilling & Marketing Cooperative) in Silang, Cavite, which started out as a joint effort among farmers to produce their own feeds when they diversified into raising poultry, cattle and piggery. They had been victimized by corrupt agriculture technicians who were required by the rural banks to endorse their loan requests, and who required them to buy from specific suppliers who diluted their feeds. Unfortunately, the cooperatives sector has few success stories. Today, CAFFMACO is more than a hundred-million peso enterprise.
A successful agribusiness venture in Vietnam hires agricultural technicians whom they train to become “farmers’ friends” to their contract rice-growers who were organized by community. This rice production venture has been so successful that Standard Chartered Bank invested almost $100 million for minority shares in it. This is incredible, given that Vietnam has a communist government.
Big business is making too much money on low-risk ventures. The business community must get into agribusiness to help fight poverty and provide food security. It is difficult, but it challenges imagination, courage, creativity and compassion. We are running out of options to ensure our food security and to help reduce poverty among our people who are mostly in rural areas. Besides, if done right, agribusiness can be profitable.
 
Teresa S. Abesamis is a former professor at the Asian Institute of Management and an independent development management consultant.
tsabesamis0114@yahoo.com

‘Election na naman’

The hot topic at my favorite watering hole in Daly City is the 2019 midterm election in the Philippines, scheduled on May 13. That date is an unlucky one for the superstitious and will certainly be unlucky for most candidates, but lucky for some.
Only 12 Senate seats are open for who knows how many wannabe senators have filed their candidacies. Then there are those running for the House of Representatives, including the party-list candidates. That’s several dozens, if not hundreds. Plus the provincial, municipal and city officials.
“That’s a lot of candidates,” says Pete behind the bar. “And a lot of money going around.”
“Pista na naman!” exclaims Bert who is nursing his beer at a table. “Alam mo na…vote-buying and vote-selling.”
“Election time is the only time that the common tao makes money off the politicians,” says Danny at another table. “The rest of the time, the politicians make money off the common tao.”
“In the Philippines, running for public office is like going into business,” says Pete with unveiled sarcasm. “Siyempre one has to invest in the business.”
“And siyempre, they expect to make a profit,” adds Bert. “So, the first thing the winning candidates do is concentrate on the ROI — the return on investment.”
“But there are winners and there are losers,” butts in Danny. And he mimics Tony, who owns the noodle restaurant nearby. Danny puts his fingers over his eyes and squints: “Minsan maliit kita. Minsan malaki kita. Minsan wala kita.”
Laughter follows that until they all realize that the joke is on them.
“What happens to the common tao?” asks Danny and he answers his own question. “Wala kita. Wala kain.”
“Serves us right!” declares Bert. “Nagpapa-gago kasi tayo. Look at the candidates running for senator. Puede mo nang tawaging The Plunderers. Pero, mananalo pa rin dahil gago ang botante.”
“That’s us!” says Danny who is a dual citizen and plans to vote at the Philippine consulate. “We voters never learn. We elect Noynoy Aquino for president. What happened? Buck-passer pala. We elect Duterte president dahil daw may change. Short-change pala. We elect Trump president. Hustler pala. Wala tayong panalo.”
At this, Art, who has been quietly guzzling his beer in a corner, speaks up. “Ako mananalo. I’m running for Senator. Tiyak na walang talo!”
I have also been quietly drinking my beer without saying a word. But Art’s remark intrigues me. “What makes you think you’re qualified?” I ask.
“What makes you think the other candidates are qualified?” he shoots back. “Besides, what qualifications do you need to run for the Senate, anyway?”
I throw it right back at him: “Well, what do you think are the qualifications?”
“First of all, you’ve got to have name recognition.”
“You mean, popularity?”
“Popularity. Notoriety. It doesn’t matter, as long as your name rings a bell and people can pick you out from among the long list of candidates,” he replies with authority.
You would have thought people ran for public office based on integrity, patriotism, leadership, intellectual capacity, and all that noble stuff, but Art seems to know better.
“Remember how Ramon Revilla lost when he first ran for the Senate?” he continues. “That was because he was listed as Jose Bautista and voters couldn’t tell him from Joseng Batute. But when he ran under his screen name, he won. In advertising, that’s called brand awareness.”
Art has obviously consulted a marketing expert.
“Of course,” he adds, “Revilla was lucky Nardong Putik wasn’t around to run against him. Putik would have beaten him hands down.”
Art has more to say about name recognition: “You must be the most or the first of whatever you are…like the biggest plunderer.”
“You mean, Bong Revilla?” (Acquitted by the Sandiganbayan last December – Ed.)
“Or you must be the biggest alalay.”
“You mean Bong Go?”
“Or the biggest berdugo.”
Nobody wants to comment on that one, except Pete at the bar. “Bato bato sa langit!” he puns.
“But you’re not the most or the first of anything,” I remind Art.
“Which brings me to another important qualification,” he parries, ignoring my comment. “Money.”
“Are you saying you have a hundred million to spend?” I ask incredulously.
“That brings me to still another vital qualification: financial backers.” Art seems to have figured out all the angles. “You’ve got to have backers with plenty of money who are willing to bet on your candidacy.”
“Bet? You mean, as in gambling?”
“Well, isn’t that what politics is all about? Businessmen and special interest groups place bets on candidates who can pay them back with favors when they win.”
“And if they lose?”
“Candidates lose but special interest groups don’t,” is his quick reply. “They bet on all the horses, if you know what I mean.”
“Are you saying that you have financial backers to fund your campaign?”
He ignores this and makes another point: “That brings me to the next important qualification: a political machinery.”
“You mean, ward leaders, poll watchers and that sort of thing?”
“Plus private army, dirty tricks specialists, media retainers, the whole works.”
“Are you saying you have all of those?”
He ignores me again. “That brings me to the most important qualification when running for public office: Utak.” With a wink, he points a finger at his head.
“I learned this from a friend who ran in one election,” Art continues. “He managed to get on the senatorial tickets of both Imelda Marcos and Erap Estrada who were both running for president. Imelda and Erap had name recognition, money, financial backers, and even a political machinery, but they had to scrape the bottom of the barrel for candidates.”
“So they picked your friend,” I say.
“Right. He knew the right people, so he landed on both tickets. He got a share of the campaign funds which he pocketed. He took advantage of the political machinery, without spending anything.”
“And he won?”
“No, he lost,” Art replies. “But he made a lot of money. So he also won!”
 
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

How the Philippines is failing its children

House Bill No. 8858 has rightly elicited public outrage for proposing to lower the minimum age of criminal responsibility (MACR) to between 9 to 12 years old. The move is consistent with President Duterte’s 2016 campaign promise to widen the coverage for criminal prosecution in another aggressive effort to wage his “war on drugs.” The logic goes like this — because drug syndicates use children to traffic illegal drugs, lowering the MACR to cover more children would cripple the operations of these drug syndicates.
But the bill only serves to further demonize children, who have already suffered enough victimization from the current administration’s drug war. Notably, Kian delos Santos was only 17 years old when he was killed less than two years ago by police officers in a buy-bust operation. Meanwhile, barely a week had passed since children aged 4 to 12 years old were caught maintaining a drug den by the Philippine Drug Enforcement Agency (PDEA). PDEA was criticized for “parading” the minors to members of the press, wielding guns while requiring them to line up against a wall in what appeared to be a shaming tactic. If House Bill No. 8858 were enacted, children would even be more at risk of trauma and marginalization.
It seems that children are being attacked by all means — from shaming to criminal prosecution and even outright killing. Never mind the ridiculousness of targeting a whole class of persons legally, psychologically, and economically incapable of defending itself against the full might of the state.
LEGAL FRAMEWORK
It is not only the child’s vulnerability but their capacity to mature and develop that justify the child’s special protection under the law. No less than the 1987 Philippine Constitution, the Convention on the Rights of the Child (CRC) that the Philippines has ratified, and domestic legislation recognize the special status of children. Article II, Section 13 of the 1987 Constitution recognizes the “vital role of the youth in nation-building” and commits to “promot[ing] and protect[ing] their physical, moral, spiritual, intellectual, and social well-being.” Article XV, Section 3 provides that the state shall defend “the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development.” In lowering the MACR, the state would be the first to irreversibly stunt the child’s development.
Under the CRC, the arrest, detention, or imprisonment of a child should only be used as a measure of last resort. House Bill No. 8858, however, pushes arrest, detention, and imprisonment as a priority by broadening the coverage of children in conflict with the law (CICL). Even though the CRC authorizes the state-party to set the MACR, it nonetheless encourages the adoption of measures, whenever appropriate and desirable, for dealing with such children “without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.” This includes the availability of dispositions such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programs and other alternatives to institutional care for the purpose of ensuring that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offense.
The Juvenile Justice and Welfare Act of 2006 guarantees certain rights to CICL, such as the right to automatic suspension of sentence and to be treated in a manner that considers their age. Section 49 of the Act also enjoins local government units to establish youth detention homes (Bahay Pag-asa) for the rehabilitation of CICL. However, these Bahay Pag-asa centers have proven to be ineffective sites for rehabilitation, owing to their unsanitary and crowded conditions. UNICEF representative Lotta Sylwander similarly lamented the poor implementation of the law.
PENALIZING INSTEAD OF PROTECTING
The move to lower the MACR contradicts the country’s treaty and constitutional commitments, and signals another step backwards for human rights in the Philippines. It bears emphasis that even the Rome Statute, which prosecutes persons for the most serious international crimes, exempts people under 18 from criminal responsibility. This means that the International Criminal Court (ICC) does not have jurisdiction over persons under 18 years old regardless of their involvement in the commission of acts constituting genocide or crimes against humanity, the worst of all crimes.
In 2016, the ICC Office of the Prosecution published its policy on children, officially adopting a child-sensitive approach in conducting its work and, for this purpose, recognized the best interests of the child as the primary consideration. To promote this priority, it deemed “crimes against or affecting children” as particularly grave, and included the assessment of any child-related crimes in analyzing the gravity of potential cases in its preliminary examination of situation-countries.
In the Philippines, the opposite is true. Instead of prioritizing crimes that specifically affect children, Congress has chosen to prioritize the treatment of children as criminals. If a court that adjudicates the most serious international crimes recognizes the need to treat children with special consideration, then all the more should the state, which ironically assumes a parens patriae role toward minors in certain cases. The point of the parens patriae doctrine is to allow the state to intervene and protect children who, because of age or incapacity, are inherently in an unfavorable position vis-à-vis other parties. With House Bill No. 8858, however, it appears that the Philippines, as the state, would be the first to deliberately abandon the welfare of Filipino children and adopt a draconian approach. Where then can children turn to for protection when all else fails?
 
Jenny Domino is a lawyer and a non-resident fellow for human rights at Stratbase ADR Institute.

Streamlining the OSG while sparing the PCGG and OGCC from dissolution

Recently, Congress decided to strengthen the Office of the Solicitor General (OSG) by passing the proposed OSG law. The Senate and the House of Representatives gave their own versions of the bill, and later came to a compromise, after the bicameral conference committee approved the reconciled versions of the bills, incorporating the following salient points of the proposed new OSG Law.
Primarily, the law expands the powers and authorities of the OSG, without overlapping with the mandates of the Presidential Commission on Good Government (PCGG) and the Office of the Government Corporate Counsel (OGCC). Likewise, the proposed law seeks to equalize the benefits accorded to the members of the judiciary and the Office of the Ombudsman to those with the members of the OSG. Under the new OSG Law, the Solicitor General shall also have “a Cabinet rank and the same qualifications for appointment, rank, category, prerogatives, salary grade and salaries, allowances, emoluments, privileges, retirement and all other benefits as the Presiding Justice of the Court of Appeals.”
Parenthetically, despite having common goals to empower the OSG, the two Houses appear to have varying sentiments when it comes to the consolidation of the two offices with the OSG. While the Lower House believes that the integration of the PCGG and OGCC with the OSG would result into streamlined government operations, the Upper House maintains that the unification of these three agencies would only cause overlapping functions and conflicting interests. Some sectors pushed for a simpler government bureaucracy by keeping a single government law firm, while others believe that it is better to spare PCGG and OGCC from dissolution, as the two offices have done their specialized jobs.
Senate Justice and Human Rights Committee Chairman Richard Gordon saw the significance of retaining the independence and autonomy of the three government institutions, considering these agencies have their own mandates and functions that are better left distinct and separate from one another.
OFFICE OF THE SOLICITOR GENERAL
The OSG, headed by the Solicitor General, is the primary law firm, legal officer and defender of the Philippine Government. The position was first created in 1901 by virtue of Act. No. 136. It is an independent office attached to but not a constituent unit of the Department of Justice. The OSG represents the Government of the Philippines, its agencies and instrumentalities and its officials and agents in any litigation, proceeding, investigation or matter requiring legal assistance and services of lawyers. The office also represents the State before the Supreme Court (SC) and the Court of Appeals (CA) in all criminal cases, and it appears on behalf of Government and its officers before the SC and the CA, in all civil actions and special proceedings where the Government or any officer in his official capacity is a party thereto.
Sometimes the OSG participates in actions involving the constitutionality and validity of any treaty, law or government regulation. But the OSG is required to appear in all proceedings involving any acquisition or loss of Philippine citizenship, and it represents the Government in all land registration and related proceedings. However, there are also instances when the President or the head of the government office concerned also authorizes the OSG to represent government-owned-and-controlled corporations (GOCCs).
PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT
The PCGG is a quasi-judicial agency created in 1986 by then President Corazon Aquino through the issuance of Executive Order No. 1, following the EDSA People Power Revolution early that year. Its main function is the recovery of ill-gotten wealth accumulated by former President Ferdinand Marcos, together with his family, relatives, subordinates and associates, or more known as his “cronies.” The PCGG is also in charge of the sequestration of all business enterprises and entities owned or controlled by them during the Marcos regime. For the past years, the PCGG has recovered a total of P171 billion worth of ill-gotten wealth and it targets to collect P40 billion more in 2020.
OFFICE OF THE GOVERNMENT CORPORATE COUNSEL
Established in 1935, the OGCC serves as the principal law office and counsel of GOCCs, their subsidiaries, government financial institutions, government corporate offspring, government instrumentalities with corporate powers and government acquired asset corporations. The office exercises its mandate to advocate the GOCC’s interest in cases filed for or against them, and regardless of the nature of the controversies involved.
The OGCC likewise has control and supervision over the legal departments of different government corporations. In a case, the Higher Court held that there are permissible levels of delegation of authority the OGCC may cede to the legal department it supervises (Land Bank of the Philippines vs. Teresita Panlilio-Luciano, G.R. 165428, 13 July 2005). In fact, in a Memorandum Circular issued by then President Joseph Estrada in 1998, it provides that in exceptional cases, the written authority of the Solicitor General or the Government Corporate Counsel, as the case may be, and the written concurrence of the Commission on Audit are required prior to the hiring of a private lawyer or law firm.
In cases involving major legal issues affecting GOCCs, the OGCC is also a recognized source of legal advice. As the primary counsel of various GOCCs, the office is likewise authorized to resolve and arbitrate issues between and among GOCCs, as it is upheld in jurisprudence that GOCCs are permitted to settle and adjudicate disputes, claims and controversies through arbitration and administrative processes (Philippine Veterans Investment Development Corp. vs. Velez, GR No. 84295, 18 July 1991).
The foregoing lays down only few of the many and different functions exercised by the three government agencies. Considering the complexity of the tasks at hand and the level of specialization, skills and training that the jobs call for, it is imperative to streamline operations without compromising the delineation of the functions of the three offices, to avoid the duplications of their obligations. While the absorption of PCGG and OGCC to the OSG may result in “a leaner, cleaner government bureaucracy,” in the words of Solicitor General Jose Calida himself, it also runs the risk of increasing the load and worsening the backlog of the OSG. Presently, each OSG lawyer handles 1,400 total active cases. It is difficult to imagine how the office would be able to fully address the legal concerns and protect the interests of the Philippine Government and its agencies, once it is also given the additional task to deliver legal services to around six hundred (600) GOCCs, whose legal needs are currently being catered to by the OGCC.
At the outset, it appears to be more organized for the government to have one law firm. But strengthening further institutions that contribute to the government may be a wiser move instead of abolishing or cramping them altogether on a government agency that is already overloaded with other governmental concerns and only has limited manpower and resources. Considering the specialization of the OGCC in corporate law practice and its long exposure to GOCCs, and given PCGG’s good performance in running after ill-gotten wealth, the dissolution of the PCGG and OGCC and the transfer of their mandates to the OSG may just bring more harm than good. Hence, the presence of the OSG, PCGG and OGCC should remain distinct and separate. At any rate, these institutions are all expected to continue to exercise their powers and mandate to administer justice on behalf of the Philippine Government, in one way or another.
This article is for general informational and educational purposes only and not offered as and does not constitute legal advice or legal opinion.
 
Johanne Kristel Emmanuelle R. Descallar is an associate of the Litigation and Dispute Resolution (LDRD) of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).
jrdescallar@accralaw.com
(02) 830-8000

Peso rebounds vs dollar

THE PESO rebounded on Tuesday as the dollar weakened due to the strong euro and ahead of the US Federal Reserve’s policy meeting.
The local currency closed yesterday’s session at P52.43 against the greenback, up 14 centavos from the P52.57 finish last Monday.
The peso traded weaker the whole day, opening the session at P52.53 versus the dollar. It climbed to as high as P52.41, while its intraday trough stood at P52.565 per US currency.
Trading volume rose to $939.03 million from the $886.07 million that switched hands the previous day.
A foreign exchange trader attributed the peso’s rise to the dollar’s slight depreciation.
“Similar to [Monday], the peso just followed the broad dollar move wherein it weakened minimally by 0.8%,” the trader said in a phone interview.
The trader said the dollar weakened marginally as the euro strengthened due to positive data from France. Due to this, the euro rallied even as other currencies were trading flat.
“But for the peso, the moves are always pronounced. I think it’s because we don’t see any significant flows from the corporates at the moment,” the trader added.
Meanwhile, another trader said the peso strengthened on the back of expectations that the Fed will send dovish signals during their policy meeting on Jan. 29-30.
For today, the first trader expects the peso to trade between P52.30 and P52.60 versus the dollar, while the other gave a P52.20-P52.40 range. — K.A.N. Vidal

PSE index dips on heightened US-China tensions

By Arra B. Francia, Reporter
THE MAIN INDEX closed relatively unchanged on Tuesday, as heavy foreign buying cushioned the negative sentiment from regional markets following heightened tensions between the United States and China.
The Philippine Stock Exchange index (PSEi) slipped 0.03% or 3.10 points to finish at 8,050.82, almost unchanged from the previous session amid sideways trading for most of the day. The broader all-shares index eked out a gain of 0.34 point to 4,856.72.
“The market refuses to go any lower because of heavy foreign buying. Weakness in western markets may continue to bring foreign money back into our market. We may break above resistance at 8,100 before the end of the week,” Eagle Equities, Inc. Research Head Christopher John Mangun said in an e-mail.
While foreign buying slimmed to P795.76 million compared to Monday’s P2.27 billion, Tuesday marked the ninth straight session of net foreign inflows for the local market.
The PSEi bucked the negative trend seen in international markets. The Dow Jones Industrial Average lost 0.84% or 208.98 points to 24,528.22. The S&P 500 index dropped 0.78% or 20.91 points to 2,643.85, while the Nasdaq Composite index also shed 1.11% or 79.18 points to 7,085.68.
In Asia, Japan’s Nikkei 225 went down 0.7%, while South Korea’s Kospi index also edged 0.2% lower. Hong Kong’s Hang Seng index dipped 0.16%, while the Shanghai Composite index declined 0.10%.
“Asian markets stumbled [on Tuesday] after the long-awaited China-US trade deal was dealt another blow after criminal charges were filed against China’s telecom giant Huawei,” Mr. Mangun added.
Aside from fraud charges against the company itself, the US Justice department also filed criminal raps against Huawei Chief Finance Officer (CFO) Meng Wanzhou.
Regina Capital Development Corp. Managing Director Luis A. Limlingan also attributed the PSEi’s decline to the fears on charges filed against Huawei.
“Philippine shares retreated mainly spooked by the Huawei charges and corporates being warned on weaker revenue from China. US filed criminal charges against Huawei and demanded extradition of CFO Meng,” Mr. Limlingan said in a mobile phone message.
Four sectoral indices moved to positive territory, led by holding firms which gained 0.47% or 37.49 points to 7,911.12. Financials followed with an increase of 0.19% or 3.52 points to 1,844.41. Industrials added 0.05% or 5.89 points to 11,738.91, while services picked up 0.01% or 0.3 point to 1,611.84.
In contrast, the property counter dropped 1.26% or 50.65 points to 3,953.53, while mining and oil dipped 0.21% or 18.58 points to 8,501.24.
Turnover improved to P8.21 billion after some 1.90 billion issues switched hands, lower than the previous session’s P9.13 billion.
Decliners outpaced advancers, 124 to 86, while 33 names were unchanged.

Suicide bombing angle seen in Jolo blast

AUTHORITIES INCLUDING President Rodrigo R. Duterte himself are considering the possibility of suicide bombers involved in Sunday’s twin blasts at the Jolo Cathedral, according to their updates on Tuesday.
Also on Tuesday, Malacañang issued a statement saying the President has ordered an “all-out war against the enemies of the state.”
BRIEFER
At a groundbreaking ceremony in Malabon on Tuesday afternoon, Mr. Duterte cited to reporters a military briefing. “Suicide bombers were one female and one male,” he said. “My briefer…comes from my intelligence people. I read the briefer (at) 3:00 in the morning kanina.”
For his part, Defense Secretary Delfin N. Lorenzana sent reporters a message late Tuesday saying, “There are two bombs that exploded one after the other within 1.5 minutes. The first bomb that exploded inside the church was apparently left behind by a certain woman. This is according to (the) hazy recollection (of) a survivor sitting four pews behind the explosion.”
“The second bomb that exploded at the entrance about a minute and a half after may have (come from) a suicide bomber, as indicated by body parts strewn all over including half a face and neck and two feet. The identity of this person is still a mystery and is under investigation by the PNP SOCO.”
“The investigators also found a soldier with severed torso. It is more likely that the second bomb was caused by a suicide bomber.”
Mr. Duterte, for his part, contradicted earlier statements by his security officials of security lapses prior to the bombing. “Walang lapses doon (There were no [security] lapses there),” he said.
“Kasi babae (Because the suspect is a woman). It’s not the norm of this country na magkapkap ka ng babae sa simbahan (to frisk a woman, especially in church)….The other bomber was outside. There was no reason for him to be frisked. Either he was just passing by before blowing himself up….”
“So confirming it’s a case of suicide bombing,” Mr. Duterte said.
“I was briefed by the military. Well, I don’t know, basta (but) I was briefed. Kung hindi suicide bomber eh ‘di ano? (If not a suicide bomber, then what?) By cellphone? Yes, that’s a possibility. But eyewitnesses said [it’s suicide bombing]. It’s the other way around. May kasama siguro (Perhaps there was company), (a) support system.”
Mr. Duterte also claimed the government was warned “by Indonesia” about terror in Jolo.
For his part, Col. Noel J. Detoyato, Public Affairs chief of the Armed Forces of the Philippines (AFP), said investigators are looking into four to six persons of interests, with three were caught in CCTV footages released by the AFP Western Mindanao Command.
“Pero yung grupo na ina-identify nila kaagad is the Ajang Ajang, it is a subgroup of the ASG [Abu Sayyaf Group], na parang ‘yun ‘yung inutos-utusan nila na grupo na nasa siyudad.” (But the group that they identified [as] the Ajang Ajang, it is a subgroup of the ASG [assigned to the municipality of Jolo].)
“Dalawa sa kanila is sabi may nakita sila na babae na nag-iwan ng bag (at) the fifth pew ng simbahan. Iniwan ‘yung bag, umalis yung babae then a few seconds after, may sumabog,” Mr. Detoyato added. (Two of them said they saw a woman leave a bag [at] the fifth pew of the church. She left the church then a few seconds after, there was an explosion.)
For its part, the Bureau of Immigration (BI) has put on heightened alert its personnel around the country to bar possible entry of foreign terrorists.
“I have instructed our Port Operations Division to alert all its personnel and be on the lookout for suspected foreign terrorists who might attempt to enter the country,” BI Commissioner Jaime H. Morente said in a statement.
The statement came in the wake of the Islamic State’s (IS) claiming responsibility for the twin blasts in Jolo last Sunday.
BI Port Operations Division Chief Grifton SP. Medina, for his part, said he has instructed members of the travel and control enforcement unit, responsible in conducting secondary inspections of passengers with doubtful documents, and border control and intelligence unit, tasked to monitor passengers acting suspiciously, “to be extra vigilant in the conduct of their functions.”
“They were reminded to make sure that only aliens who are properly documented and are legitimate travelers with valid reasons in coming here are admitted,” he said
‘NOT CRITICS”
For his part, Presidential Spokesperson Salvador S. Panelo clarified the Palace statement on Tuesday that, “When you say against the enemies of the state, [we refer to] those who use violence against the state. Those who want to destroy the democratic institutions of this country.”
“Those who kill, who sow terror, who bomb civilians, soldiers, and policemen. These are the enemies of the state that the President is referring to, not the critics,” he added.
Mr. Duterte visited the blast site in Jolo last Monday and told accompanying AFP officials, “I’m ordering you now: pulpugin ninyo ang (crush the) Abu Sayyaf by whatever means.”
Mr. Panelo also responded to Monday’s pastoral statement by the Catholic Bishops’ Conference of the Philippines (CBCP), saying the President’s criticisms “help in cleansing the institution of its members.”
“But if you say that the President’s criticism of them would embolden others to disrespect the Church, I don’t think so,” Mr. Panelo said.
“Nobody can stop him (Mr. Duterte) from saying his mind on certain matters that he feels are wrong.”
Mr. Panelo said Mr. Duterte’s tirades against the clergy had nothing to do with the bombing of the Jolo cathedral. “In fact, the President is outraged. He’s so angry that they have not respected a place of worship — that’s why he declared war against all these perpetrators.”
In a rare move on Monday, the largest group of Catholic bishops in the country had sought forgiveness for its “collective silence over many disturbing issues,” including the government’s drug war and Mr. Duterte’s attacks on the church and its doctrines.
“Forgive us for the length of time that it took us to find our collective voice,” the CBCP said in its pastoral letter headlined, “Conquering Evil with Good.” “We too needed to be guided properly in prayer and discernment before we could guide you.”
The bishops said they understood the need to fight crime and drugs, but were concerned “when we started hearing of mostly poor people being brutally murdered on mere suspicion of being small-time drug users and peddlers,” while bigger players were left alone.
The group also opposed efforts led by Mr. Duterte’s allies to lower the age of criminal liability for children, and said it had seen a “culture of violence has gradually prevailed in our land,” referring also to Sunday’s church bombing in Jolo.
“Rather than attack the President … I’d rather they issue a statement that they are praying for the President to succeed in his endeavor,” Mr. Panelo said.
For his part, Major General Pablo M. Lorenzo, AFP deputy chief of staff for intelligence, said in his presentation, “After 20 months since martial law was first declared in Mindanao, rebellion still exists and that the safety of the public is in peril by the rebellion notwithstanding the gains achieved during its period of implementation.”
“It is significant to point out that while some bombings occurred, far more bombing plots have also been preempted. Nonetheless, the magnitude of these bombing operations, the latest of which was the 27 January Jolo Cathedral bombing which killed at least 21 people, records have it that it could be 22 already people and injured 97 others, demonstrate the continuing danger post to the public by these terrorist groups while advancing their respective political objectives,” Mr. Lorenzo also said. — Vann Marlo M. Villegas, Arjay L. Balinbin, and Vince Angelo C. Ferreras, with a report by Reuters

Another Dengvaxia case filed against Garin, others

THE Public Attorney’s Office (PAO) on Tuesday filed before the Department of Justice (DoJ) another complaint against former health secretary Janette P. Loreto-Garin over the death of a minor allegedly due to Dengvaxia vaccination.
This brings the pending Dengvaxia cases in the DoJ to 32.
The PAO recommended the charging of reckless imprudence resulting in homicide and violations of the Anti-Torture Act and Consumer Act of the Philippines against Ms. Garin and 38 others including some health officials, and officials from Sanofi Pasteur, Inc. and Zuellig Pharma Corporation.
In its report, PAO said the 12-year-old victim had no history of having a dengue infection and received three doses of the vaccine in 2017.
Two to three months after the last vaccination, the child started showing symptoms include joint pains, difficulty of breathing, abdominal pain, and fever, among other symptoms which PAO said its Forensic Team has observed in the other deaths allegedly linked to Dengvaxia.
PAO also reported that forensic gross examination showed that the victim suffered multi-organ enlargement, hemorrhages and evidence of cellular/organ dysfunction, among others. — V.M.M. Villegas

House approves bill on medical marijuana

By Charmaine A. Tadalan, Reporter
THE House of Representatives on Tuesday approved on third and final reading the bill legalizing and regulating the use of medical marijuana.
With 163 affirmative votes, 5 negatives and 3 abstentions, House Bill No. 6517, or the proposed Philippine Compassionate Medical Cannabis Act hurdled the chamber.
The measure acknowledges the beneficial and therapeutic uses of medical marijuana in treating debilitating medical conditions, such as Cancer, Glaucoma, Multiple Sclerosis, Damage to the nervous system of the spinal cord, and Epilepsy, HIV/AIDS, Post-traumatic stress disorder, Rheumatoid arthritis among others.
Speaker Gloria Macapagal-Arroyo, who co-authored the bill, had vouched for the effectivity of medical cannabis. She had previously admitted using a “pain patch” to treat her cervical spine problem.
If enacted, the bill will allow qualified patients to access medical marijuana, as prescribed by a physician licensed by the Philippine Drug Enforcement Agency (PDEA).
It was noted that physicians prescribing medical marijuana must have a “bona fide” relationship with the patient.
Moreover, the bill provided that qualified patients are prohibited from possessing and smoking cannabis in any mode of public transport or public space, operate any motor vehicle, aircraft or motorboat while under the influence.
Qualified physicians and caregivers, for their part, are prohibited from prescribing medical cannabis to unqualified patients, or to qualified patients without establishing a bona fide relationship, among others.
Those found violating the bill may be subjected to life imprisonment or fined P500,000 to P10 million at the discretion of a court where a case on such violation is filed.
Further, the Department of Health is also mandated to develop an appropriate training program for physicians, pharmacists and caregivers.

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