Passionately ‘SAV-vy’

February 20, 2018 | 9:47 pm

By Aries B. Espinosa

FIFTEEN years — and 1.5 million units sold worldwide — after the introduction of the BMW X3 Sport Activity Vehicle (SAV), the third generation of this “athlete” sibling of the five X Series brands (which include the X1, X4, X5 and X6) on Feb. 9 debuted in the Philippines.

And SMC Asia Car Distributors Corp. (SMCACDC), the new importer, distributor and service provider of BMW automobiles in the country, made it clear even before the latest models rolled onto the stage that this reiteration of the X3 would be best enjoyed by owners and drivers that were like the X3 themselves: Strong-willed, dynamic individuals “on a mission.”

SMCACDC President Maricar C. Parco summed it up when she said: “We are excited to open 2018 with a positive outlook towards BMW’s growth in the country. We start that tonight with the unveiling of a BMW masterpiece that is on a mission like no other. The new X3 unifies the distinctive ‘X’ character, exceptional handling that is expected from a BMW, dynamic performance to push boundaries, and allows its driver to pursue his passions like never before.”

SMCACDC itself is on a mission to regain for BMW the top spot as the country’s bestselling European car brand, a position rival premium car maker Volkswagen has been holding since 2016. In last year’s sales figures furnished by the Chamber of Automotive Manufacturers of the Philippines, Inc., Volkswagen retained its number one spot by a mere 13 vehicles (1,363 vs. 1,350).

The unveiling of the new X3 seems to hint that this SAV would be the one to overcome that final hurdle to the top, as members of Spartan Race Philippines, the local arm of what is claimed to be the world’s largest obstacle course racing event, climbed bare-handed up 20-foot ropes to remove the curtains, signaling the rollout of the two variants of the X3, the xDrive20d xLine and the xDrive20d M Sport.

Marketing and product planning director of SMCACDC Karl B. Magsuci provided the pertinent details of the new X3.

“While this new X3 follows its predecessor’s rugged off-road looks with its sporty presence, the new generation brings this design language a step further with a more sophisticated, more muscular look,” he explained.

“The xLine trim with radiator grille and other exterior details in satin aluminum and specifically designed 19-inch light-alloy wheels emphasize the robustness of the SAV, while the xDrive20d M Sport model focuses its attention to the dynamic gifts of the all-new X3 with M aerodynamic features, a particularly dramatic design on the 19-inch light-alloy wheels, and the new exterior paint shade of Phytonic Blue.”

Mr. Magsuci also revealed that the chassis of the new X3 is lighter than the previous model by 50 kilograms, thanks to the use of aluminum material in the engine and suspension components. The 40:20:40 split folding rear seat back rest is also able to expand boot capacity from 550 liters to as much as 1,600 liters.

In addition to the latest version of the BMW iDrive system fitted as standard, the Professional navigation system opens up the touch screen and gesture control — functions which have so far been exclusive to the current BMW 7 Series and new BMW 5 Series. The 10.25-inch touch-sensitive central display provides a quick summary of important information, and offers users intuitive access to whatever they are looking for. Gesture control allows numerous infotainment system and telephone functions to be operated intuitively using finger and hand gestures.

Moreover, the Parking Assistant makes parking easier as the system measures potential spaces while driving past at a low speed and aids the driver in steering, acceleration, braking and gear selection to automatically position the car into parallel and lateral parking spaces. This function can be overridden by the driver at any time.

Mr. Magsuci also explained that the improved eight-speed Steptronic transmission and the BMW xDrive intelligent all-wheel-drive system complement the powerful 2.0-liter BMW TwinPower Turbo diesel engine that produces 190 hp and 400 Nm of torque.

Post-TRAIN Law prices for the two X3 variants were also revealed at the launch: The xDrive20d xLine costs P4.390 million while the xDrive20d M Sport goes for P4.590 million.

Foton unveils Blue Energy engines, new truck

February 20, 2018 | 9:46 pm

Text and photos by Kap Maceda Aguila

CHINA-HEADQUARTERED vehicle manufacturer Foton opens the door to a new age of mobility powered by cleaner, more powerful, yet more fuel-efficient engines adhering to the more stringent Euro4 emission standard.

Marketed as Blue Energy, the new-generation engines are conceived and built for Foton by Columbus, Indiana-based diesel power plant expert Cummins. The company had signed an agreement with Foton to form the Beijing Foton Cummins Engine Co., Ltd. (BFCEC) in 2006. Today, its plant in China makes more than 400,000 engines a year.

Said Foton Motor Philippines President Rommel Sytin at the recent Blue Energy launch: “Foton is always committed to provide exceptional product lines through scientific and technological innovations, and Blue Energy is the continued expression of this promise… [It is] a product of earnest R&D that serves up a host of benefits such as power, durability, reliability, excellent efficiency and clean operation.”

The Foton initiative allows it to keep in lockstep with the government fiat for the introduction of cleaner-emission vehicles as mandated by the Philippine Clean Air Act of 1999, the Philippine Environmental Impact Statement System, and DENR Administrative Order No. 2015-04.

Two variants of the Euro4 power plants are made available locally — the Foton Cummins ISF 2.8 and 3.8. Both are engineered to promote low intake temperature, prevent abnormalities in combustion, and operate more quietly — while providing improved low-end torque pulling power. The heightened performance is complemented with fuel efficiency.

The engine is attached to a more efficient turbocharger; an improved exhaust-gas recirculation system to yield lower emission and promote more thorough burning of fuel; a new, computer-governed common rail direct injection system that results in optimized air/fuel mix; a diesel oxidizing catalyst and particle oxidizing catalyst which basically convert carbon monoxide, unburned hydrocarbons, and particulates to carbon dioxide and water; and an improved turbo intercooler. Less particulate matter is emitted, and the risk of engine damage has been slashed.

Foton 2 — Introducing the new Foton Tornado M4.2C light-duty truck are (from left) chairman of the House Committee on Transportation Rep. Cesar V. Sarmiento, Foton Motor Philippines President Rommel Sytin, and Foton International’s Milo Gao.

Foton Motor Philippines still has an existing portfolio of Euro3 vehicles, and the Blue Energy variants will sport a blue and silver decal to visually distinguish them. The firm says that three variations of the popular Tornado light-duty truck, Toplander A/T SUV, Traveler and Toano vans, and Thunder A/T pickup will get Blue Energy options.

MODERN LIGHT-DUTY TRUCK
In addition to its Blue Energy engines, Foton also presented its new light-duty truck, the Tornado M4.2C. Priced at P1.19 million (for the cabin chassis), the vehicle is powered by the previously mentioned ISF 3.8 Foton Cummins Blue Energy Euro4 engine. The turbocharged (with intercooler) 14-foot truck musters 500 Nm and 154 hp, and features a computer-controlled Bosch common rail direct injection system. For cleaner operation, the engine boasts exhaust gas recirculation technology, plus DOC (diesel oxidizing catalyst) and POC (particle oxidizing catalyst) for enhanced fuel efficiency and lower emission.

The new Tornado variant is touted as the most advanced in its class — boasting safety technologies and features such as WABCO braking technology and a reverse sensor and camera, according to Foton Motor Philippines executive vice president Anna Maria Parado. A redesigned panoramic windshield provides increased visibility, while an additional passenger-side mirror enhances blind-spot coverage. The height of the truck’s headlights can be adjusted; three-point ELR seat belts come standard.

Within the spacious, comfortable cabin is an advanced LED touch screen at the center of the vehicle’s infotainment system. This accommodates the imaging when reversing, and makes possible Bluetooth connectivity for hands-free calling and music. The system is also GPS-ready, and features an MP5 and SD card slot. Steering wheel buttons for cruise control, entertainment, and radio and call functions are also available. Air-conditioning is standard. Dual overhead compartments are ideal receptacles for delivery documents and other valuables, and the center seat backrest can be collapsed to reveal cup holders and an additional storage compartment. The steering column can be tilt-adjusted, and the seats are ergonomically designed — with the driver’s seat adjustable in four ways, while the passenger seat can be reclined.

The Tornado M4.2C has a high-strength steel chassis that allows higher payload capacity and heightened stability — particularly when loaded. A rivet-less upper-frame chassis means easier fitting of various cargo body configurations, and a corrosion-free alloy fuel tank and air cylinder ensures many years of worry-free use. The company also highlights its robust after-sales service, underscored by a three-year, unlimited-mileage warranty.

“The Philippines now joins Singapore and Vietnam as the first countries to implement Euro4 as emission standard — well ahead of other ASEAN neighbors like Malaysia, Indonesia and Thailand… that’s something we can be proud of,” said Mr. Sytin.

Toyota beefs up Hilux lineup with new Conquest variant

February 20, 2018 | 9:44 pm

NEARLY three years have passed since Toyota Motor Philippines introduced the current Hilux pickup, so it can only be expected that the model has now been updated.

Launched on Feb. 13 was the new Hilux Conquest, available in both four-wheel drive and two-wheel drive configurations, each of which can be ordered with manual or automatic transmissions. Prices for the Hilux Conquest lines are set between P1.311 million and P1.745 million.

Whichever spec is chosen, the latest Hilux variant is identified by a larger dark grille, a busier fascia with reshaped recesses for the fog lamps, daytime running lights, a prominent sport bar on the cargo bed, a bed liner, and black side-view mirrors with built-in turn signals. Also new are the truck’s wheels, which have grown to 18 inches in diameter.

Toyota Conquest 2 — Hilux’s Conquest variant sports unique trim; large tailgate badge makes sure these cannot be missed.

Other additions sported by the Hilux Conquest are smart entry, cabin furniture in black, and a multimedia unit with a 6.5-inch touch screen panel and control buttons on the steering wheel. Body colors offered are Super White, Attitude Black Mica and Nebula Blue Metallic, all of which are adorned by a big “Conquest” graphics on the tailgate, as well as blacked-out trim all throughout.

All mechanical components of the Hilux remain the same in the Conquest line, including the model’s four-cylinder diesel engine that’s boosted by a variable-nozzle turbocharger with an intercooler.

‘VIP shuttle,’ diesel SUV add to Peugeot’s range

February 20, 2018 | 9:42 pm

THE new Peugeot Traveller MPV and a diesel-powered version of the Peugeot 3008 GT Line SUV have been added to the brand’s range in the Philippines. The Traveller sells for P3.390 million while the 3008 diesel is priced at P2.790 million.

The new Traveller — billed by the company as a “VIP shuttle” — is now marked by the same exterior design elements found on Peugeot’s new generation of SUVs and sedans. Inside, the van has seats that can be rearranged to make room for more cargo, or to allow the second row to face the third row. Designed to fit seven people, the van’s cabin has plenty of storage cubbies and is equipped with a pair of captain’s seats, a retractable sliding table, tri-zone climate control, two concealable glass roof panels, 12-volt and 220-volt power sockets, and USB ports.

Powering the Traveller is a 2.0-liter BlueHDI diesel engine that, according to Peugeot, is “known for its fuel efficiency… [and] provides the right amount of power and torque.”

Peugeot 3008 now looks like a proper SUV.

The latest 3008 has the same 150-hp, 370-Nm BlueHDI diesel engine.

Similar to the model’s gasoline-fed variant, the 3008 GT Line diesel has Peugeot’s i-Cockpit, essentially a combination of a digital dashboard, elevated seating position, and a multifunction touch screen display. The feature also includes scent diffusers, seat massagers, cabin mood lighting and driving modes.

Both the Traveller and the diesel 3008 are now available at Peugeot dealerships.

You collect automotive books? Read this

February 20, 2018 | 9:40 pm

If you’re one of those who feel suffocated in the age of social media, you must be cheering every time you detect even the faintest sign of life in the arts, particularly literature. In a time when hardbound tomes have given way to inane memes, and discerning essays to click-bait garbage, just the feel of physical paper is enough to give some of us an orgasm.

If, at this point, it still isn’t clear to you that I’m talking about books, you may go back to your Facebook page now. I understand and will not judge you.

If, on the other hand, you salivate at the mere mention of published writing, let me tell you that the Woodstock (Coachella for those who share OOTD pics on Instagram) of bookworms is in town. Now, there’s a possibility you haven’t heard of this, as news about the event has gone viral online. Like I said, many of those who will greatly appreciate what I’m about to share wisely stay away from the Internet, so there’s little to no chance you will have gotten wind of this.

I’m referring to the Big Bad Wolf book fair from Malaysia, which opened its doors in the Philippines — World Trade Center in Pasay City, to be exact — on Feb. 16 and will be here until the midnight of Feb. 25. I say “midnight” to underscore the fact that this massive book sale is open 24 hours a day. I went at 2 a.m. last Sunday and the place was packed with people who presumably detest social-media influencers.

I’m sure you’ve been to a book sale. Heck, we even have a store called Booksale. But Big Bad Wolf is another kind altogether. For one, the items are really cheap, discounted at 60-80% of their original selling prices. Many of the books you’ve been eyeing at Fully Booked or on Amazon may be had here for just half or even a third of the price.

For another, the venue is vast. As in car-show-hall vast. If you’re visiting and you only have an hour to spare, forget it. Just go another time. You can easily kill three hours here and not notice it at all.

Because the location is huge, there are enough sections to confuse and infuriate a benighted Internet troll. You have kids? Bring them. They’ll get lost in the Children section. For the corporate executive? There’s the Business and Leadership section. For the homemaker? There’s the Cooking and Baking section.

Ah, of course there’s a two-table Transportation section for car enthusiasts. Most of the books here are from British publishers, and many are admittedly old, but quite a number of them are still worth a place on your motoring bookshelf. There are dozens of car- or motorbike-related titles that are so affordable you’ll immediately regret not bringing enough cash.

But to spare you the agony of having to decide which books to take and which ones to leave, below are my top 10 picks from the motoring titles. There are many more. I have no doubt you can come up with your own favorite list.

Just a tip: Please avoid taking selfies. It’s irritating to those who are there to actually buy books.

1. How To Drive: The Ultimate Guide, From The Man Who Was The Stig (P480);

2. 50 Cars That Changed The World (P290);

3. Car Design Asia: Myths, Brands, People (P1,150);

4. The Limit: Life And Death In Formula 1’s Most Dangerous Era (P230);

5. The Encyclopedia Of Formula 1 (P390);

6. Car Emblems: The Ultimate Guide To Automotive Logos Worldwide (P230);

7. Art Of The Classic Car (P780);

8. Custom Painting: Cars, Trucks, Motorcycles (P160);

9. The Total Motorcycling Manual: 291 Essential Skills (P480); and

10. The Bike Deconstructed: A Grand Tour Of The Road Bicycle (P580).

A Federal Philippines: Does it make sense?

February 20, 2018 | 9:34 pm

Part 2

Reflecting on the French Revolution, British Philosopher Edmund Burke warned against the dangers of radical change. For him, gradual reform is always preferable to violent departure from status quo, and for a good reason.

This isn’t to say that he was a reactionary conservative, a stubborn defender of contemporary state of affairs irrespective of its demerits. If anything, the Irish-born statesman promoted change, since a “state without the means of some change, is without the means of its own conservation.”

Stagnation and mediocrity isn’t an option, especially since that means susceptibility to, overtime, anarchy or, in other cases, predation by more dynamic societies. The story of European colonization is precisely the failure of our ancestors in the Orient was to come up with “the means of some change” for “the means of its own conservation.”

Instead, Burke believed in the preservation of the best elements of the existing order, while incorporating much needed reforms in order to serve the society’s evolving needs. Well-designed and effectively implemented reforms are like supplements that keep the body politic healthy and eject the reservoir of toxins that inevitably arise from structural contradictions of any modern society.

For him, the mistake of radicals and revolutionaries was to throw out the proverbial baby of order with the bathwater of political decay. If anything, Burke argued that any radical change — no matter how noble the nature of its intentions — carries the inevitable risk of chaos and violence.

Today’s most successful nations such as China took Burke’s lesson to heart, preserving the best elements of their Confucian past, while incorporating capitalist principles with distinctly Chinese characteristics.

Decades earlier, Japan and Newly Industrialized Countries such as Taiwan and South Korea took a similar path. In Burke’s logic, what made China a superpower isn’t Mao’s violent revolution, which reduced a once proud civilization into a Gulag, but instead Deng Xiaoping’s adaptation in the shape of calibrated reforms, which awakened a sleeping dragon.

Burke warned against change for the sake of change, and those who mindlessly seek destruction of status quo without contemplating the implications of imposing new order. In today’s lexicon, he shed light on the law of unintended consequences, a reality that should be central to our discussion of Charter Change in the Philippines.

On paper, all constitutions tend to look majestic. Our 1987 constitution, for instance, is widely considered as one of the most well designed liberal documents ever created by mankind, drawing on the best elements of enduring democratic constitutions, especially in the Anglophone episteme. Or, at the very least, that’s how the framers of our existing constitution put it with a touch of biting persuasion.

Yet the 1987 Constitution is far from perfect, even in its very design. My main concern with it is the fundamentally anti-Marcosian nature. It’s more an anti-thesis, namely a negation of a preceding order, than an affirmation of evolving realities that a mid-sized nation faces in an age of globalization.

In the attempt to prevent another Marcosian nightmare, marked by ballooning debt and human rights calamity, our existing Constitution deprives the opportunity for competent leaders to enact a long-term vision for the Philippines, while enabling a protectionist economic environment to the detriment of our overall productivity.

gavel

A cursory look at democratic practices around the world shows that, for instance, six years is too short for a competent leader, but too long for a terrible one. This is why most advanced democratic nations have reelection for their heads of state.

This creates a strong incentive for good performance in first years in office, lest one fails to secure reelection, while giving sufficient time to leaders to think and act across longer temporal horizons.

It took well more than six years for Barack Obama to get most of his major initiatives, from health care to marriage equality, passed constitutional hurdles. Anyone familiar with development planning also knows that it often takes a decade for major economic transformation to crystallize and take root.

Thus, another perverse effect of our single, six-year term in office is that newly elected presidents tend to shamelessly take credit for all the good reforms of their predecessors, while conveniently laying all the blame for their failures on them too.

Our excessive constitutional restrictions on foreign investments are another point of concern. Sure, econometric studies show that legal restrictions are not primary drivers of investment flows, but they matter nonetheless, especially when the Philippines is up against rival neighbors, which are willing to relax all forms of restrictions on foreign investments.

In its bid to joint the World Trade Organization (WTO) and now-defunct Trans-Pacific Partnership Agreement (TPP), Vietnam, for instance, completely overhauled its legal structure vis-à-vis trade and investment matters.

On top of that, they offer more competitive labor, geographical proximity to the Pearl River Delta industrial complex, and a wide range of incentives to attract foreign capital. There are of course other concerns with the existing constitution that exceed the scope of this column.

In short, our Constitution hasn’t been designed to accommodate these emerging realities in the 21^st century. Thus, in principle, like Burke, I am for certain forms reforms to preserve the best elements of the existing order, even if this means certain constitutional amendments.

But seeking a complete Charter Change carries a wide range of unintended consequences, which we should take into consideration.

The problem, however, is that the defenders of the existing constitution fail to appreciate emerging realities that tend to render some aspects of law obsolete, while advocates of Charter Change tend to downplay if not completely ignore the inevitable risks that accompany radical change.

Richard Javad Heydarian is a non-resident fellow of the Stratbase ADR Institute.

The travails of a presidential spokesperson

February 20, 2018 | 9:32 pm

In a moment of pique, I recently posted on social media that I always thought Harry Roque, spokesman of President Rodrigo Duterte, was “marunong” (intelligent). And I added: “Bobo pala (It turns out, he’s dumb).”

I’m taking that back. I don’t think Roque is dumb. His academic credentials are impressive and so is his track record as a lawyer.

So, how do you explain such naïve (at best) or idiotic (at worst) statements in a media interview concerning China’s construction of “artificial islands” in the West Philippine Sea? I’m quoting the news item verbatim:

“MANILA, Philippines — While China’s island-building in the West Philippine Sea may be worrisome now, one day, the Philippines will ‘thank’ China for them.

“This was what Presidential Spokesperson Harry Roque said during an interview with Franco Mabanta, a supporter of President Rodrigo Duterte, on Wednesday, Feb. 7.

“‘There will come a time when China’s might has ceased, when we will have to thank them for those islands,’ he said.”

“‘Clearly, eventually, those artificial islands will be ours if we can ask China to leave,’ he added, maintaining that only the Philippines can legally build artificial islands.”

The hope that China can be asked to leave territory it has grabbed couldn’t possibly be the opinion of someone who used to teach Constitutional Law at the University of the Philippines and finished his Master of Laws degree at the London School of Economics.

Sen. Grace Poe’s remark that Roque’s statement was “wishful thinking,” was rather benign. Idiotic is not even a good enough description of such gross naivete.

There can only be one explanation for this seeming lapse of lucidity on the part of Roque. He was simply echoing the opinion of his boss, Duterte.

In that context, hoping that China might someday willingly walk back on its territorial grabbing is not as bizarre as Duterte’s recent “joke” that China might want to make the Philippines one of its provinces.

In this Chinese Year of the Dog (in Tagalog, Taon ng mga Tuta), one can almost see poor Harry Roque asking his boss how he can explain the latest presidential foot-in-mouth gaffe.

“Sir, what do I tell the media? Shall I say you were just joking?”

“Of course, I was joking, p– ng ina!”

Harry Roque — *PHILIPPINE STAR/KRIZJOHN ROSALES*

“Pero sir, that joke may not have been politically correct!” protests Roque.

“Gago! Anong korek-korek? Basta’t sabihin mo joke only, tapos!”

And so, poor Harry Roque, as a loyal presidential spokesman, may be expected to translate into more respectable language the mindless profanity of his boss, as follows: “While there are clear advantages in closer bonds between the Philippines and China, it was obviously in the spirit of friendly and harmless good humor that President Rodrigo Duterte made that statement about the Philippines becoming a province of China.”

Hopefully, in giving that official explanation, Roque will not commit a Freudian slip and mutter under his breath: “Dati na naman, eh (It already is).”

At any rate, what choice does Roque have? A job is a job and as spokesman of the President, he is, in effect, only a microphone or a megaphone, magnifying and making public the words and thoughts of his current employer.

Do official spokespersons have a right to express their own views? Technically, no. If they want to do that, they must first resign. Of course, they can argue or reason with the boss, but the latter has the final say.

“Hoy, gago, pagagandahin mo lang ang salita ko para maging disente, pero huwag mong babaguhin ang ibig kong sabihin, intiendes (Hey, idiot, just make my language more decent but don’t change the meaning, understand)????”

Well, maybe I’m giving Duterte too much credit for all the inane statements of Roque. I frankly suspect that his recent rationalization for China’s assigning Chinese names to certain features in Benham Rise, sounds too much like vintage Roque.

Roque reasoned that such Chinese terms as “mami,” “siopao,” and “hototay,” are generally accepted by Pinoys but that hasn’t given the Chinese exclusive ownership of the Binondo edibles.

Sen. Ping Lacson was obviously having difficulty holding his temper when he chided Roque for the analogy. Said Lacson: “It’s probably a matter of time before we see Chinese structures on more artificial islands. Damn us! Are we this helpless?”

Honestly, Senator Lacson?

The President of the sovereign Republic of the Philippines thinks so. He thinks we are this helpless. Kaya, bow na lang ng bow, to use “Swardspeak.” (Incidentally, I believe the senator’s surname, Lacson, is also Chinese in origin).

But the travails of Roque are normal for anyone who would echo the thoughts of a boss who runs his mouth before his brain is in gear.

In a TV interview, former US vice-president Joe Biden described President Donald Trump as “having difficulty with precision in his statements.”

Biden was struggling to be politically correct, of course. What he really meant was that Trump has difficulty telling the truth.

But being untruthful is only half of the problem that Press Secretary Sarah Huckabee Sanders has to cope with. Trump also flip flops like a pair of rubber slippers, shifting his position on issues based on what his supporters on Fox News urge him to say, think or do.

In her daily White House press briefings, Sanders has to struggle to make sense of the specious rationalizations made by Trump, as well as those that she apparently has to conjure by herself. When the members of the White House press corps keep getting back at her on a sticky issue, she snaps at them, pivots, passes the blame on to other parties, or shifts the topic away from the issue at hand, or simply ignores the questions and moves on to other topics.

Many times, the equivocation (at best) and the lies (at worst) are glaring. Concerning the resignation of accused wife-beater, Rob Porter, the assistant of Trump Chief of Staff John Kelly, Sanders had difficulty reconciling the facts with the White House fiction that Porter was asked to resign “within a few hours” after reports on his legal problems had been found out.

In fact, according to the FBI, the complete report on Porter had been submitted by the agency to the White House months earlier but certain individuals in the White House had chosen to ignore them. When confronted with this, Sanders pivoted and accused the FBI of not doing its job. That, of course, was an outright buck-passing lie. The FBI only submits its findings and leaves it to the government department concerned (in this case, the office of the chief of staff) to act on them. But Sanders, confronted with her weaseling, brazened it and then changed the topic.

You can almost see Sanders arriving home at the end of the day and being asked by her husband: “How was your day, honey?”

“As usual, dear. I had to take the bullet for President Pinocchio.”

But the bottom line is that both Roque and Sanders are probably very well paid. In the case of Roque, I believe he has his eyes on the Senate and will therefore take any bullet (virtual) for Duterte, in order to be well-positioned.

But he had better hope that his friends in China do not also decide to assign a Chinese name to him. Something like, Hally Loque.

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

Our machismo politics

February 20, 2018 | 9:30 pm

United Nations-sponsored studies have concluded that Filipino women are among the most empowered of their kind in the world. So, I really cannot understand why many of our male national leaders have such a penchant for attacking our strong women leaders: Senator Leila de Lima has been in jail for a year on charges testified to by long-term convicts. Chief Justice Maria Lourdes Sereno is under threat of impeachment even though after weeks of hearings in the House of Representatives, no impeachable offenses have been cited. Ombudswoman Conchita Carpio Morales is being criticized by her rumored aspiring successor Solicitor General Jose Calida despite the fact that she retires in just a few months. CHED Secretary Tatti Licuanan was pressured to resign just a few months before she was retirable.

Why does our President not want Vice-President Leni Robredo to sit in Cabinet meetings? Is it because his concept of leadership given his own statements about his high regard for Vladimir Putin, is based on belief in male superiority? And why does he make fun of rape stories? Is it to demonstrate that he is not afraid of women, to prove that he is better than they are?

All these make me conclude that many of our male politicians have not yet grown up; in fact, that they are insecure and need to assert their supremacy at the expense of women, who happen to be in the minority in national leadership positions.

Perhaps these are just symptoms of a national problem that we have to take a look at, seriously. Some of my friends in the fields of psychology and cultural anthropology are beginning to advocate studies on and advocacy for enabling Filipino boys to mature earlier than they seem to. Of course, they also recognize that Filipino mothers have a role to play because there seems to be a tendency to allow boys to just play and hang around with their gangs, and to spare them responsibilities at home, which are delegated instead to the girls, which contributes to their earlier maturity. One study is cited that indicates that boys tend to mature at the age of 30; and that therefore, they should not marry before then. Well, from the behavior of many of our politicians, who are well beyond that age, perhaps they may never grow up.

The sad thing is that somehow, like President Duterte who told his macho rape jokes when he was running for the presidency, they get elected to leadership posts!

I remember when as a college freshman I had a chance to sit in the Senate gallery and watch gentlemen politicians like Lorenzo Tañada, Jose Diokno, Emmanuel Pelaez, and their contemporaries behaving and speaking with so much dignity and gentility. Today, I often have to turn off the TV when I watch our ill-mannered politicians grandstanding with foul language, perhaps to demonstrate their machismo? Do we still teach good manners and right conduct in our elementary schools? I remember how instructive a course on civics was for me.

President Duterte doesn’t seem to realize that how he speaks and behaves in public sets the tone for other leaders and our citizenry, especially the young. Obviously, Speaker Alvarez has picked up from his boss on how to speak and behave. Bad manners and foul language seem to be turning endemic. This is not only worrisome. It can actually be tragic if it continues far into the future.

If it is not yet being done, now that we have extended basic schooling to K-12, perhaps more than just enhancing skills and knowledge, we should emphasize, as a key part of education, the need to orient our youth on right values and citizenship, how to parent, how, as parents to be conscious of the need to ensure boys grow into men and not “man-child” (or “puers,”as my psychologist friend terms them), how to be mature and responsible men and women before it’s too late.

We are in danger of electing more and more immature leaders in our future; and thus turning more of our people into barbarians if we go on like this.

Teresa S. Abesamis is a former professor at the Asian Institute of Management and an independent development management consultant.

tsabesamis0114@yahoo.com

The Presidential veto in the passage of a law

February 20, 2018 | 9:28 pm

Constitutions are the fundamental law of every nation. They put in place basic tenets and forms of government to be observed in the country. The Philippine Constitution is no different. One of the vital portions of our Constitution provides us with the three branches of government: the legislative department, there to pass laws; the executive department, to enforce laws; and, the judiciary department, to interpret laws. The doctrine of separation of powers ensures that neither branch encroaches on the powers of the other. Each branch is considered as a coequal of the other two in hierarchy but is considered supreme in matters which pertain to that branch.

While these branches have distinct powers and functions, there is also an interplay among them to ensure that their roles are properly being carried out. This system of checks and balances ensures that each branch is still acting within the parameters set for it in the Constitution.

The system of checks and balances is manifest in the exercise of passing, executing, and interpreting a law. A law begins by it being proposed, discussed and passed in Congress. Thereafter, the bill is passed to the executive department, specifically the President, so that he may act on the bill. Acting on such bill would mean either approving the bill, letting it pass into law or vetoing the same.

This veto power was granted in the Constitution through Article VI, Section 27 (1). Generally, when a President disapproves a bill, he or she exhibits such disapproval by executing a veto to invalidate the whole law. The power must generally be exercised in its entirety.

However, an exception exists under Article VI, Section 27 (2) when the bill is an appropriation, revenue or tariff bill. When any of these bills are involved, the President may execute a line or item veto. Such veto will not invalidate the whole bill but only the particular item under consideration. The other items to which the President does not object shall not be affected by this veto.

An example of this exercise can be seen in recent events. Republic Act 10963, also known as the Tax Reform for Acceleration and Inclusion (TRAIN) law, was passed on Dec. 19, 2017. This law amended certain provisions of the old tax law, the National Internal Revenue Code (NIRC). Section 6 of the TRAIN law amended Section 25 of the NIRC, which pertains to the entitlement of employees of certain qualified companies to a fifteen percent (15%) preferential tax rate.

The TRAIN Law added a subsection to Section 25 of the NIRC, which provided that regional headquarters (RHQs), regional operating headquarters (ROHQs), offshore banking units (OBUs) or petroleum service contractors and subcontractors registering with the Securities and Exchange Commission (SEC) after Jan. 1, 2018 would no longer be eligible to avail of the preferential tax rate. This Section ended with the proviso which stated, “Provided, however, That existing RHQs/ROHQs, OBUs or petroleum service contractors and subcontractors presently availing of preferential tax rates for qualified employees shall continue to be entitled to avail of the preferential tax rate for present and future qualified employees.”

President Rodrigo Duterte vetoed certain provisions of the TRAIN law including the proviso under the proposed Section 25 (F). In his veto message, the President explained that the proviso violates the “Equal Protection Clause under Section 1, Article III of the 1987 Constitution, as well as the rule of equity and uniformity in the application of the burden of taxation.”

However, in the same veto message, he also states, “Given the significant reduction in the personal income tax, the employees of these firms should follow the regular tax rates applicable to other individual taxpayers.”

The Bureau of Internal Revenue has interpreted this to mean the complete withdrawal of the preferential tax rate, regardless of the date of registration of the RHQ, ROHQ, OBU, etc. with the SEC.

However, there is a contrary interpretation that the intention of the President was only to remove the proviso, and not the preferential rate altogether. This would mean that only future qualified employees are prohibited from availing of the preferential tax rate, but present qualified employees may still avail of such rate. Indeed, when only a part of the law is amended or declared unconstitutional, the rest of the law stands and is enforceable. The same may hold true for an item veto.

In the end, the proper understanding would be best determined by the judiciary department, in exercise of its power to interpret laws. The court with appropriate jurisdiction has the authority to rule on what the law should actually be, based on principles of law.

These circumstances exhibit the confluence of the three branches and the roles that all of them play in order to pass laws in the land. The principles of separation of powers and checks and balances maintain the stability and efficiency that our government still holds today.

This article is for general informational and educational purposes only and not offered as and does not constitute legal advice or legal opinion.

Madelene Ruth F. Salazar is an Associate in the Litigation & Dispute Resolution Department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).

(02) 830-8000

mfsalazar@accralaw.com