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UnionBank shifts to corporate bonds for fund raising

UNIONBANK of the Philippines, Inc. will no longer tap its long-term negotiable certificates of deposit (LTNCD) program as the lender can now raise fresh funds through corporate bond issuances.
UnionBank Treasurer and Chief Financial Officer Jose Emmanuel U. Hilado said the Aboitiz-led lender will no longer use its LTNCD facility since raising funds through peso fixed-rated bonds is easier for local banks.
“No, because this (peso fixed-rate bond) is a better instrument,” Mr. Hilado told reporters following the listing of its P11-billion peso bond at the Philippine Dealing and Exchange Corp. last week, adding that LTNCDs carry higher reserve requirements and entail prior central bank approval.
“[A peso bond] has a 6% reserve requirement compared to the 8% of the LTNCD.”
Circular No. 1010 issued by the Bangko Sentral ng Pilipinas (BSP) in August simplifies the process for universal and commercial banks looking to raise funds via bonds, aligning the industry with standards for other privately-owned firms.
The reform forms part of streamlined rules designed to deepen capital markets.
“Unlike LTNCDs, the bonds don’t need prior BSP approval, so I think that’s one of the reasons why the BSP came up with this product. It’s a more efficient product,” Mr. Hilado said.
Following the central bank’s simplified rules on banks’ fund raising, UnionBank and other lenders such as Metropolitan Bank & Trust Co. and Bank of the Philippine Islands established their own peso bond and commercial paper programs. For the first tranche of its own program, UnionBank raised P11 billion.
LTNCDs, like regular time deposits, offer higher interest rates but cannot be pre-terminated. Instead, these can be sold at the secondary market. In February, UnionBank raised P3 billion through LTNCD issuance, part of its P20-billion program approved by the BSP.
UnionBank booked a P6.1-billion net profit in the first nine months, lower than P6.4 billion a year ago, due to higher rates and its inability to issue loans for teachers.
Shares in UnionBank closed flat on Thursday at P65 apiece. — Karl Angelo N. Vidal

Manila welcomes Aquaman cast, director

NINETEEN-year-old JC has been a DC Comics fan since grade school. On the afternoon of Dec. 11, he went with his uncle to SM Mall of Asia for the “Aquaman in Manila” fan event where the actors of the film based on the DC Comics title and the film’s director were to meet lucky fans. JC and his uncle stood at the back of the activity center, trying to get a glimpse of the stage across a sea of excited fans. JC clutched a movie poster hoping to get the actors’ autographs.
For 30 minutes, actors Jason Momoa and Amber Heard, and director James Wan greeted fans and signed autographs at the SM Mall of Asia music hall. They were in the country for the Asian premiere of Aquaman.
Aquaman is the origin tale of the superhero, following Artur Curry who discovers his true identity as half-human and half-Atlantean. Curry is challenged to take his place as king and fight against his half-brother Orm before he unites seven underwater kingdoms against the surface world.
Director James Wan told fans that they could expect “amazing action and visuals,” while actress Amber Heard, who plays the Xebellian princess Mera, mentioned a fight scene where “Aquaman and Mera are in town” as her favorite and most challenging stunt in the movie.
For actor Jason Momoa, who plays Aquaman, bringing diversity into the superhero world was a valuable takeaway from playing the role.
“I can’t believe that we’re almost in 2019 and there is no brown-skinned superhero,” Mr. Momoa, who hails from Honolulu, Hawaii, told fans. “It’s the biggest honor to represent the islands and to represent diversity.”
The DC movie also stars Patrick Wilson as Orm, Willem Dafoe as Nuidis Vulko, Dolph Lundgren as Nereus, and Nicole Kidman as Queen Atlanna.
Aquaman is now showing in theaters nationwide.
Thanks to the crowd, it is unlikely that JC got his posters signed. — Michelle Anne P. Soliman

Hyundai Motor unveils sweeping executive reshuffle

SEOUL — South Korean conglomerate Hyundai Motor Group shook up its executive ranks on Tuesday and appointed its first foreign head of research and development, raising expectations of a smooth transition of power at the family-run business empire.
The reshuffle, first reported by Reuters on Tuesday and confirmed by Hyundai on Wednesday, is part of preparations for generational change in the executive ranks at South Korea’s second-largest family-owned business empire.
Group President Albert Biermann, a German former BMW executive, was named head of research and development, replacing longtime executives Yang Woong-chul and Kwon Moon-sik. The move was seen as a significant step to bring in fresh ideas at the Korean-dominated group.
In all, 17 top executives were reassigned across the group including at Hyundai Motor Co and Kia Motors Corp — which together form the fifth-biggest automaker in the world.
The move follows the promotion of Euisun Chung in September to Hyundai Motor’s executive vice chairman, moving him closer to succeeding his 80-year-old father, Mong-Koo Chung, as group chairman.
It comes as Hyundai Motor Co battles to reverse falling profits as a result of U.S. recall costs and weak sales in the U.S. and Chinese markets.
Hyundai Motor Co shares jumped as much as 9 percent to their highest level since Oct. 10, while shares in affiliates like Hyundai Mobis, Hyundai Wia and Hyundai Glovis also rallied.
While the announcement by Hyundai on Tuesday of a major investment in fuel cell production also lifted sentiment, analysts said most of the share price rise could be attributed to the leadership changes.
In particular, it signaled that the junior Chung was making progress with his plans to restructure the sprawling group after a previous plan was scrapped due to opposition from U.S. hedge fund Elliott.
“The reshuffle signals that the junior Chung is tightening his grip on the conglomerate, a move which raises investors’ hopes for change,” said Kim Joon-sung, an analyst at Meritz Securities.
In a sign that Chairman Chung’s grip may be weakening, one of his closest lieutenants, Hyundai Motor Co Vice Chairman Kim Yong-hwan, was reassigned away from the core automaker and named vice chairman of steelmaking affiliate Hyundai Steel.
A person familiar with the matter told Reuters on Tuesday that the reshuffle was “part of a generational change (the junior) Chung is pushing for.”
Hyundai Motor Co chief innovation officer Youngcho Chi was promoted to president, as the automaker tries to catch up with its rivals in future technologies such as car-sharing.
Biermann, a former BMW performance vehicle development official, is one of several foreign executives that heir apparent Chung, 48, has brought into the traditionally Korean-dominated group. — Reuters

Smart brings LTE, LTE-A network to Bulacan

PLDT, Inc.’s wireless unit Smart Communications, Inc. said it rolled out its long-term evolution (LTE) and LTE-Advanced (LTE-A) network in several towns in Bulacan.
The telecommunications firm said in a statement on Thursday the upgraded network may be enjoyed by Smart, Sun and TNT subscribers in the cities of Malolos, San Jose Del Monte, Obando, Balagtas, San Ildefonso, San Miguel, San Rafael and Pulilan. It added it is also bringing its LTE network to Doña Remedios Trinidad for the first time.
“Our network upgrades in Bulacan are part of our nationwide efforts to bring better connectivity across the country, in order to improve the lives of our customers and their families, and to enhance the productivity of Bulacan’s businesses and enterprises,” PLDT-Smart Senior Vice-President for Network Planning and Engineering Mario G. Tamayo said in the statement.
Smart noted it was able to record speeds between 40 Megabits per second (Mbps) and 70 Mbps when it tested the network using LTE-A capable devices in locations such as Malolos, San Rafael and Santa Maria.
Aside from expanding the coverage of its LTE and LTE-A network, the company is also boosting its carrier aggregation rollout, which allows users to enjoy faster speeds by combining at least two bands of radio frequencies that make for a bigger pipe with bigger capacity.
“Mobile internet experience is best experienced with LTE, and with the appropriate devices, the frequency bands and carrier aggregation that our network supports,” Mr. Tamayo added.
Smart said it already has more than 14,400 base stations that are LTE-ready all over the country as of September.
Hastings Holdings, Inc., a unit of PLDT Beneficial Trust Fund subsidiary MediaQuest Holdings, Inc., has a majority stake in BusinessWorld through the Philippine Star Group, which it controls. — Denise A. Valdez

Klandestine

By Noel Vera
Video Review
BlacKkKlansman
Directed by Spike Lee

SO GET this — Ron Stallworth becomes the first black police officer in a large largely white town (the “Jackie Robinson of the Colorado Springs police force” as his superior puts it). He is consigned to the records room, requests a transfer to undercover; sees a recruitment ad for the KKK, dials the number, gets an unexpected voice at the other end, improvises a racist rant, is invited to join the group.
Sounds like one of the more outrageous skits dreamed up for the short-lived but memorable TV show In Living Color — but it’s a true story, based on Stallworth’s autobiographical account Black Klansman.
Spike Lee’s BlacKkKlansman (2018) isn’t subtle but it’s damned entertaining. Stallworth (played by Denzel’s son John David Washington) can’t go to the meeting himself (of course) so he sends Detective Flip Zimmerman (Adam Driver playing a heavily fictionalized character) in his place.
The film runs with this highly unlikely premise, and part of the fun of the picture is watching Stallworth and Zimmerman constantly being caught off-balance by the challenges and opportunities thrown their way, having to think fast on their feet in response. At one point one of the Klansmen suspects Zimmerman of being Jewish and wants to apply a lie-detector test at gunpoint; at another Stallworth finds himself on the phone with the Klan’s Grand Wizard, David Duke (a hilariously bland Topher Grace) and they develop a surprisingly (Chillingly?) warm rapport.
Driver plays Zimmerman as an unselfconscious lump who, thanks to the Klan’s virulent anti-Semitism, develops some awareness of his racial identity. Grace’s Duke is by turns hilarious and frightening: hilarious in his obtuse racism, frightening in that his vanilla, almost wholesome, charm is what may have helped sell the Klan as an increasingly acceptable presence in 1970s America — a perhaps an even more acceptable presence in America today. In their scenes together Duke suggests a loneliness, a desire for contact that seems almost likable — Lee even feels he has to apply the brakes a little, have Stallworth motion his colleagues around him so they can have a collective laugh. It’s a tribute to Grace’s sly subversively vulnerable performance that you almost feel sorry for the man.
Almost. Lee blurs the lines a bit but at one point or the other makes it thoroughly blaringly clear where he stands on the issues, arguably the film’s main weaknesses. His Klan folk are mostly dense; paranoid but easy to outmaneuver; and unthinking in the way they mouth racist rants — Grace’s Duke is arguably an exception, though even he has his moments of fecklessness.
Lee begins the film with Alec Baldwin playing a fictitious professor clumsily speaking Klan talking points, forgetting his lines, asking for cues from an unseen assistant; big contrast to Stokely Carmichael (a.k.a. Kwame Ture) whose speaking engagement Ron is assigned to attend — Lee turns up the visual rhetoric during his speech, photographing Ture (Corey Hawkins) from various dramatic angles, confronting him with a sea of faces shining with admiration. Ron is understandably impressed, and feels doubt about his mission of infiltration.
That would be the film’s other main flaw: Boots Riley, director of the year’s other most outrageous comedy Sorry to Bother You, tweets an indictment of Ron Stallworth, claiming his role in monitoring black activist groups was more extensive and more malignant than what is shown on-screen.
Riley goes on to make other claims, some of which seem a little extreme, but his basic point is valid: history does suggest that the police and the FBI had an antagonistic even violent relationship with these groups (There’s no direct evidence linking Stallworth, but records were reportedly destroyed). Lee does go a long way to softening this period of Stallworth’s career — showing him voicing doubts, showing him form a relationship with a fictitious black activist girlfriend named Patrice (Laura Harrier) who further troubles his mind on the issue.
Lee eventually responded in an interview “Look at my films: they’ve been very critical of the police, but on the other hand I’m never going to say all police are corrupt, that all police hate people of color. I’m not going to say that. I mean, we need police.”
If the film has scenes that soft-pedal and fabricate — and Lee is hardly the first filmmaker to do so in a biopic — it also has scenes of considerable power. At one point, the Klan screens Birth of a Nation, D.W. Griffith’s monumental potboiler that helped revive the movement; Lee takes a page from Griffith’s own playbook and intercuts the screening with one Jerome Turner (Harry Belafonte) telling the true story of Jesse Washington, who was lynched in Waco, Texas. Lee later fast-forwards to the Unite the Right rally in Charlottesville, Virginia, which ended with the death of Heather Heyer.
This, I submit, is Lee’s strongest point: if the racists portrayed in this picture are so easy to outwit then why Trump’s ascendancy? What led us to the Unite the Right rally, and why did that driver feel he had to ram his car into a crowd of people? Lee doesn’t provide answers — but he’s always been a provocateur, always willing to prod us to at least try and respond.
BlacKkKlansman is available on Youtube, Vudu, Amazon, and Google Play.

RCBC Bankard to grow card base

RIZAL COMMERCIAL Banking Corp.’s (RCBC) credit card arm RCBC Bankard Services Corp. is eyeing to grow its card base next year as it continues to expand its digital channels.
RCBC Bankard is targeting to have an additional 180,000 cards in 2019 as it plans to grow its online platform in acquiring more customers, its top official said.
“We want to grow our internet channel. We know that the younger generation is moving towards digital channels. It’s definitely an area we want to focus on,” RCBC Bankard President and Chief Executive Officer Simon Javier A. Calasanz told BusinessWorld in a recent interview.
RCBC Bankard is the sixth biggest in the industry in terms of card base at 680,000 — which it said is expected to grow to 700,000 cards by yearend.
If fulfilled, the firm will end 2019 with a card base of 880,000, 25.7% bigger from this year.
Mr. Calasanz said its digital platform is the “more important” distribution channel apart from its direct sales force and bank branch as the firm saw a pickup in its online application.
To further expand its digital platform, he said the credit card firm is set to launch a mobile application and other technologies such as chat-bots and voice biometrics in its contact center.
“Through voice biometrics, the security procedure will be cut down to 15-20 seconds from one minute, which will improve customer service and security as well,” he said.
Aside from this, Mylene J. Bico, RCBC Bankard senior vice-president, said the credit card firm will continue to partner with other brands to sustain the growth of its card base.
“More than our existing channels, we want to tie up with partners like AirAsia which has a huge customer base already so that we have a steady source of card applications,” Ms. Bico said, noting that RCBC Bankard “might have one [partner] for retail” on the pipeline.
Amid its rapid growth in terms of cards and spend growth, Mr. Calasanz said RCBC Bankard is also affected by the rising interest rates environment. However, he noted the firm “has been weathering that storm quite well” due to its improving portfolio quality.
“[The rising interest rates do affect us,] because as interest rate increase, cost of funds also increase because of inflation. However, it’s been negated by our improvement in terms of delinquency,” he said.
“We’ve been able to manage our delinquency quite well. Over the past three years, our delinquency levels have decreased by 200 basis points.”
The central bank has raised its benchmark rates by a cumulative 175 basis points since May to rein in inflation expectations.
Inflation last month decelerated to 6% from a nine-year high of 6.7% logged in October and September, affirming views that it will return to the government’s 2-4% target next year.
RCBC Bankard said it has been among the top three credit card firms in terms of growth rate, doubling the industry’s card base and force growth of 6-7% and 15%, respectively. — Karl Angelo N. Vidal

No more virtual garage sales of used digital music

PURCHASERS of digital music files from services such as Apple Inc.’s iTunes cannot resell them through a virtual marketplace, an appeals court said in a ruling that recalls an era dominated by vinyl records and CDs before streaming services reshaped the music industry.
The decision, issued Wednesday, affirms a district court’s ruling that such sales infringe the exclusive rights of copyright holders. A virtual marketplace designed to resell digital music files as if they were secondhand albums runs afoul of copyright law, the US Court of Appeals for the Second Circuit ruled in a victory for record labels.
ReDigi Inc., a closely held company that created a platform for the resale of legally purchased music files, had argued that its service facilitated the transfer of music from one recipient to another without duplicating the original file.
The appeals court said that the transfers created duplicate copies of the music files and so were not allowed under US law. Any change to develop rules for secondhand sales of digital files would be up to Congress, the court ruled in the closely watched case.
SECONDHAND COMPETITION
“The establishment of ReDigi’s resale marketplace would benefit some, especially purchasers of digital music, at the expense of others, especially rightsholders,” wrote Circuit Judge Pierre Leval for the three-judge panel. The music companies effectively would be in competition with secondhand merchandise that, “unlike secondhand books and records,” are “as good as new.”
It was a victory for Capitol Records LLC, which had won a $3.5 million judgment in federal court in New York City.
The extent to which the decision might affect consumers who want to resell legally purchased digital music files is unclear, according to Jonathan Band, a Washington-based lawyer who represented the American Library Association in its brief in support of ReDigi.
“On one level, it does seem to preclude a private sale,” said Mr. Band, who has helped clients draft legislation including the Digital Millennium Copyright Act and the Stop Online Piracy Act. “It could be, on the other level, because they didn’t address that specific issue, maybe it could be raised in the future.
“The door is not closed on the possibility of maybe an individual being able to sell being a fair use. I think there is this one argument out there that was not rejected.”
Representatives of Capitol didn’t immediately comment on the case. Officials at ReDigi didn’t immediately respond to requests for comment.
Courts already have ruled that owners of digital music can’t distribute the works to friends through peer-to-peer networks.
SELL AND DELETE
ReDigi sought to work around that prohibition by creating a marketplace where people who legally bought music could sell their files and the originals would be permanently eliminated.
The service would reproduce the file for transfer to the new owner, and a Music Manager would check the original owner’s computer, directing the owner to delete any duplicate file, or suspending the account for non-compliance.
The court ruled that ReDigi’s system is a way of reproducing the work, so didn’t count as a distribution of an already sold product. The trial judge also rejected the argument that the transfer of digital files falls under the so-called fair use exception that allows the use of copyrighted work for certain purposes.
Besides the library association, ReDigi was supported by the non-profit Internet Archive, which said it would help their plans to create digital libraries, including lending services for people with disabilities.
“A fair use finding in this case would provide libraries with additional legal certainty to roll out innovative services such as the Internet Archive’s Open Library,” the library group said. “Such a result would increase users’ access to important content without diminishing authors’ incentive to create new works.”
But Terence Ross, an intellectual-property lawyer at Katten Muchin Rosenman LLP, said “a rational economic actor will not be able to resell their digital music after this.”
“Not per se, but for all practical purposes, it makes it economically inefficient to do so,” Mr. Ross said. “What the court has literally written is the only way you can resell digital music is to sell your hard drive, or another physical medium.”
The Association of American Publishers and the Copyright Alliance, which represents writers, composers and filmmakers, said a victory for ReDigi would “permit a new, and heretofore illegal, enterprise.”
“ReDigi threatens to damage if not destroy entire markets that are necessary to support the development of creative works,” the copyright group said. “It may start here with music, and by judicial extension, could threaten motion pictures, books, and other works that have enriched our society.”
Mr. Band, with the library association, however, noted that the music industry has changed so quickly that the appeals court’s decision might not matter as much as it might have just a few years ago.
“This is all about yesterday’s technology,” Mr. Band said. “Now, everybody uses these streaming services. The number of people downloading music has gone way down, so the business model and the technology has evolved. So this is kind of interesting, but the future of the music industry, this is not going to have much of an impact.”
The case is Capitol Records LLC v. ReDigi Inc., 16-2321, U.S. Court of Appeals for the Second Circuit. — Bloomberg

Now Corp. launches LTE network in Pasig

LISTED firm Now Corp. and affiliate Now Telecom Co., Inc. launched its long-term evolution (LTE) network in Sta. Lucia, Pasig City on Thursday.
In a media briefing in Pasig City, company officials said they want to expand its offerings to residential households.
Through the Network ng Mamamayang Pilipino program (NMP), Now will be partnering with businesses and local government units for franchising and distributorship, where its partners will determine locations to mount telecom infrastructure that would best serve residential subscribers.
“Why are we doing this? Because we think that the local entrepreneurs and local government officials have the insight and knowledge on the things needed by their constituents,” Now Group Head of Marketing Romlo John P. Torres said.
Now will be using a 3.5 frequency band with 20 megahertz for its LTE service, which Mr. Torres said will be “designed and engineered that each sector within our area of responsibility is given optimized experience.”
He said their network could accommodate a maximum of 600 subscribers per area, which covers a space within 1.5-kilometer radius from a cell site. The company has activated eight base stations for its LTE service.
Based on their internal tests, Mr. Torres said their LTE network in Sta. Lucia reaches about 35 Megabits per second (Mbps) to 40 Mbps for download speed and 3 Mbps to 5 Mbps upload speed. The offer is available for P1,499 a month.
Prior to launching its LTE network, Now has offered internet services to enterprises and buildings through its “Fiber-in-the-Air” wireless broadband. — Denise A. Valdez

Supervisor refuses to dismiss an erring worker

I’m the human resource manager of a small restaurant business. Our problem is the competence of our supervisors, in particular the case of Supervisor Dave (not his real name) who has a direct report who was found to have committed a serious offense. The same policy requires that the violator be dismissed after due process. However, Dave refuses to initiate disciplinary proceedings. Instead, he claims that the job belongs to the HR department. Of course, having read many of your articles, I know that employee discipline is the job of line supervisors and not HR, a management staff department. How do we coerce Dave and other similarly-situated supervisors to do their job? — Exasperated.
A man returned to his car in a parking lot and found a note under the windshield wiper. The note read as follows: “I just smashed the rear portion of your expensive car. It was an accident. And I’m sorry for it. The people who witnessed the collision are watching me. They probably think that I am writing down my name and contact details. I am not. I am only playing by their perception. The witnesses are wrong. And by this time, they must have left this place.”
There was nothing more written on the note.
Just like Dave, there are many people around us who think they can have their cake and eat it as well. They want a responsible job for the pay but they refuses to do their job to its fullest. Indeed, there is a big difference between a line and staff function under Management 101.
Line supervisors, managers and other executives must have the responsibility of performing the actual job of hiring, retaining, coaching, motivating, counseling and if all these prove to be futile, implementing the hateful job of terminating erring workers.
On the other hand, HR must perform the job of offering internal expertise in people management, providing a clear corporate policy to all line executives on how to hire, motivate, and discipline workers. HR has the responsibility of being the internal consultant to guide all people managers on the right way to do the job, but do not have to personally perform such tasks.
I’ve said it before and I will say it again here. Those who hold the ultimate right to hire an employee have the same, unadulterated right to discipline the same employee. And that includes performing the actual job of writing the Notice to Explain (NTE), receiving the employee’s written explanation, evaluating its contents, and making a firm decision to dismiss, through a final management decision or judgment.
What is important is the requirement that all supervising executives follow the procedural and substantive aspects of due process as required by labor law and other social legislation. Not only that, corporate executives must also observe the specific terms and conditions of your company’s policy and procedures.
Towards this end, HR must give proper advice to line executives on how to better perform such tasks in compliance with the law. HR may prescribe the template of the forms needed to make it easy for the supervisors concerned.
The rule for HR is to create more HR leaders who must act properly within the bounds of the law.
Despite all this, there are times that certain supervisors may still refuse to perform the dirty job of disciplining people. Many times, we have encountered line supervisors and managers who refuse to dismiss their workers due to possible serious repercussions like death threats and becoming unpopular with other workers.
To make it palatable for all, I recommend that henceforth, you initiate the formation of a management committee composed of all department heads to receive and decide on matters involving important worker-related action including promotions, demotions, transfers, and terminations.
Of course, not all issues may be elevated for the action of the management committee or Mancom. It depends on the seriousness of the personnel action and the personal circumstances of the concerned employee. One example is a contentious promotion to management level disputed by a junior hard-working employee and a more senior employee who is otherwise deadwood.
Also, Mancom may also consider evaluating the wisdom of an employee transfer to a not so-juicy position that may be perceived to be an act of union suppression or other related concerns.
But in cases of termination, Mancom must always be there to evaluate and decide on the case while taking a hard look at the circumstances to protect the company’s interests.
Thus, the NTE and other formal notices to the concerned employee must have the signature of all Mancom members.
In your case, if Supervisor Dave still refuses to perform his job, then you may convene an ad hoc committee to decide on their two cases: One, the case of the erring employee. And two, the case of Dave for refusing to do his job. Clearly, this is neglect of duty. Find out the correct definition of neglect of duty in your Code of Conduct and do whatever is necessary to emphasize the fact with other supervisors.
ELBONOMICS: If you’re working like a chicken, you’ll sound like a chicken.
 
Send feedback or workplace questions to elbonomics@gmail.com or via https://reyelbo.consulting. Anonymity is guaranteed for those who seek it.

Your Weekend Guide (December 14, 2018)

Concerts at Festival Mall

CAROLS will complete the festive spirit at Alabang’s Festival Mall thanks to “The Christmas Factory,” a month-long Christmas performance series, on all the weekends of December. On Dec. 15, 16, 22, and 23 at 6 p.m., the Festival of Carols will be held at the malls Expansion Wing and/or Water Garden, with choirs from a variety of schools and communities entertaining mall visitors with their harmonies.

Party at Cove Manila

COVE Manila, Southeast Asia’s largest indoor beach club and night club, celebrates its first anniversary with Crescendome: The All-Star Anniversary, featuring a lineup of world-renowned DJs. Afrojack is wrapping up the three-night celebration on Dec. 15. For more details, visit covemanila.com.

Christmas at Vertis Norte

VERTIS Norte on welcomes the holidays with Reimagine the Magic: A Festival of Lights, a lights and sound spectacle set to Disney songs and Filipino Christmas Carols that runs until Jan. 15. On Sundays, listen to Christmas Symphonies with presentations from the Schola Cantorum Scholars on Dec. 16. Vertis Norte keeps the Simbang Gabi tradition alive with nightly masses at 7 p.m. from Dec. 15 to 23 at Level 2 of the mall. Side by side these holiday events are activities at the ABS-CBN Vertis Tent such as the Urban Sale of the Vans Group from Dec. 16 to 19.

giant lantern
Pampanga’s Giant Lantern Festival kicks off this weekend at Starmills mall.

Pampanga lantern festival

TOAST Filipino craftsmanship at this year’s Giant Lantern Festival in San Fernando City, Pampanga. The annual festival coincides with the celebration of the city’s 110th year of Giant Lantern making. Dubbed as “Ligligan Parul” (lantern showdown) in the Capampangan dialect, the Giant Lantern Festival is a showcase of the city’s rich and colorful lantern-making tradition, culminating in a competition among manually operated Giant Lanterns. Eleven barangays are vying for top honors in the Giant Lantern Festival, which features 20-foot-high lanterns containing as many as 10,000 light bulbs each. The contest finals will be held on Dec. 15 with the program starting at 6 p.m. The Lantern Exhibition will run from Dec. 16-21 at 7 p.m.; from Dec. 25 to 30, at 7 p.m.; and Jan. 1 and 2, at 7 p.m., at Robinsons Starmills, Pampanga.

Morissette and MPO

ENJOY a series of musical performances featuring a certified birit queen and one of the country’s leading orchestras. Award-winning vocalist Morissette will be sharing the stage with the Manila Philharmonic Orchestra at Robinsons Magnolia on Dec. 15, 6 p.m.

Rep’s Rapunzel

REPERTORY’s Theater for Young Audiences presents Rapunzel: A Very Hairy Fairy Tale until Jan. 27 at Onstage Theater in Greenbelt 1, Makati. For tickets and schedules, contact TicketWorld (www.ticketworld.com.ph, 891-9999).

OPM at Globe Live

CATCH live performances from OPM artists on Dec. 14-15 at BGC. Globe Live, Bonifacio High Street, and Huawei create a white Christmas at the Live Street: Make Snow Possible! Drop by the Globe Iconic Bonifacio High Street Amphitheater on Dec. 14, 7 P.M., with performances from IV of Spades, Karencitta, Pinopela, Rouge, and Manila String Machine. On Dec. 15, 5 p.m., Globe and Spotify present Sundown Sessions at Bonifacio High Street Activity Center with performances from BP Valenzuela, She’s Only Sixteen, Oh Flamingo, Bea Lorenzo, and UNIQUE. Special treats are in store for Globe Postpaid customers on Spotify Premium as they get front-row seats and perks when they register. Plus, select Postpaid customers on Spotify Premium get a chance to win a meet and greet with their favorite artists during the event.

Kidiyam 3D projection Capitol Building
Kidiyam 3D projection on the Pangasinan Capitol Building

Pangasinan Capitol

PANGASINAN’S Provincial Capitol in Lingayen, declared by the National Commission for Culture and the Arts as among the eight Architectural Treasures of the Philippines, marks the centennial of completion this year. With the theme “Stronger Heritage, Stronger Pangasinan,” commemorative rites are set on Dec. 15 with a Thanksgiving Mass and an anticipated Simbang Gabi, a concert and variety show, followed by a Kidiyam 3D projection of the Capitol Building History, and a fireworks display. Other key events are a concert by the Kundirana all-male choir of La Salle Greenhills on Dec. 16, and the launch of the centennial commemorative stamp by the Philippine Postal Corp. and opening of a photo exhibit on Dec. 17. Celebrations continue with the observance of the 74th Lingayen Gulf Landings on Jan. 9 and the centennial of its inauguration on Feb. 11.

Food safety

MY BROTHER Bong has just returned from the USA and immediately he made sure he had a fill of the many Filipino food that he has missed. After just a few weeks, he complained of stomach sickness which led to a discussion on comparative food safety practices.
According to the USA National Center for Biotechnology Information, there are at least a dozen federal agencies implementing more than 35 statutes of the food safety system. Twenty-eight House and Senate committees provide oversight of these statutes.
Four agencies play major roles in carrying out food safety regulatory activities: the Food and Drug Administration (FDA), which is part of the Department of Health and Human Services; the Food Safety and Inspection Service of the US Department of Agriculture; the Environmental Protection Agency; and the National Marine Fisheries Service of the Department of Commerce. More than 50 interagency agreements have been developed to tie the activities of the various agencies together.
In addition, each State and local health department are responsible for surveillance at their levels. States and territories have separate departments of health and of agriculture. The health department has the authority over the restaurants while the agriculture handles the supermarkets. US FDA’s Food Code provides scientific standards and guidelines that states and localities may adopt for food safety in restaurants and institutional food settings. The code includes temperature standards for cooking, cooling, refrigerating, reheating, and holding food. It also recommends that inspectors visit restaurants every six months.
Restaurant inspection results with letter grades or number scores are published conspicuously. In general, restaurants are docked a certain amount of points for violation of rules. Those numbers are in the actual inspection report, which most jurisdictions make public. A perfect score is 100. For states and countries that use letter-grade system, a 90-to-100-point score is an A, 80 to 89 is a B and so forth. Some cities and states require the restaurant to prominently display its most recent grade. However, to scrutinize the specific violation, one has to refer back to the inspection report.
The said score is merely a snapshot of the daily operations of a restaurant. Technically this was only done at least once or twice a year and the inspectors usually does the inspection at daytime. The inspection report may be an accurate representation of what they saw but doesn’t tell the whole story. In the end, despite the grading system and all that, the final verdict is still left to the consumer. At least these inspections are public services designed to keep restaurant-goers healthy and informed.
In the Philippines, food safety is under the turf of Food and Drugs Administration in coordination with Department of Agriculture, Department of Health, Department of Interior and Local Government, implementing the Republic Act No. 10611 or the Food Safety Act of 2013 together with its implementing Rules and Regulations published in March of 2015. In the said law, Food Business Operators are mandated to designate a Food Safety Compliance Officer (FSCO) who has passed a prescribed training course for FSCO recognized by DA and DOH. This FSCO has to ensure the safety both of the food and the establishment being registered. In the event of food safety incident, the said individual must also be the one to report as well as implement control measures.
One gets the impression however that most inspections probably happen before the establishment becomes operational and later if there is an incident that has already taken place. One likewise wonders if there are indeed FSCOs and what training they were required to undergo. A number of travel and health advisories for people bound to the Philippines cautions against food-borne illness that can spoil their visits.
This writer even found an article in the USA Today website cautioning their citizens with the street foods, drinking water and even restaurants in the Philippines as they noted that “not all restaurants comply with governmental regulations, because of the large number of small establishments across the country and the lack of training on and enforcement of the laws at the local level.”
The Medline website cited a survey conducted on food safety knowledge and practices of street food vendors in a university campus in Quezon City. Vendors were found to be not too knowledgeable in terms of food legislation and waste management. A significant gap between knowledge and practice on food safety was observed and it was primarily attributed to the tendencies of the street food vendors to compromise food safety for financial issues. Confusion in food legislation is also established as the purveyor of food safety regulations was not the local government health unit but the business concession office of the campus administration.
The information one can read about food safety in the Philippines in travel blogs and similar advisories should serve as a wake-up call for the implementors of food safety in the country. A system of restaurant grading like that in the US may be a good idea to contemplate so that customers are at least informed of what they should expect. Food entrepreneurs big or small should take responsibility in ensuring the cleanliness of the food being served and to provide continuous food safety education to their staff.
Dave Roos, in a commentary on restaurant health inspections in the US, has this valuable tip. The state of the bathroom speaks volumes about how much management cares about food safety. If the boss cares enough to clean the bathroom every hour, it means an attention to detail that likely crosses over into the kitchen. But if the toilet is otherwise, who knows what else might be “crossing over” into the kitchen.
 
Benel D. Lagua is Executive Vice-President at the Development Bank of the Philippines. He is an active FINEX member and a long time advocate of risk-based lending for SMEs.

Cosby’s lawyers cite grounds for appealing sexual assault conviction

ATTORNEYS for Bill Cosby outlined their grounds on Tuesday for appealing his sexual assault conviction, citing what they called errors in legal procedure that may have biased the jury and warrant a new trial for the once-beloved comedian.
The 81-year-old performer, best known for his role as the lovable family man and physician on the hit TV sitcom The Cosby Show, was found guilty by a Pennsylvania jury in April of drugging and sexually assaulting a onetime friend in 2004.
It marked the first such criminal conviction of a celebrity accused of sexual misconduct since the #MeToo movement that has brought down dozens of powerful, privileged men in American media, politics and business since the autumn of 2017.
In September, the trial judge, Steven O’Neill, designated Mr. Cosby a “sexually violent predator” under Pennsylvania law, requiring the entertainer to register as a sex offender for life, and sentenced him to a term of three to 10 years in prison.
Mr. Cosby, who is married, has insisted all along that any sexual encounters he had were consensual. He was found guilty on three counts of aggravated indecent assault.
In an eight-page filing laying out the basis of their appeal, Mr. Cosby’s lawyers focused on several instances they said introduced bias into the trial, including the judge’s refusal to excuse a juror that the defense argued was unable to be fair and impartial.
The defense asserted that the juror in question had stated an inclination to believe Mr. Cosby guilty at the outset of the trial, and that fellow jurors were never interviewed to determine whether they had heard the comment or were swayed by it.
In addition, according to the filing, Mr. O’Neill failed to recuse himself or disclose a biased relationship with Bruce Castor, a former Montgomery County district attorney with whom defense lawyers said the judge had a confrontation.
Mr. Cosby’s lawyers have argued that Castor promised in 2005 that Mr. Cosby would not be prosecuted if he agreed to sit for a sworn deposition in a civil suit brought against him by his accuser, former Temple University administrator Andrea Constand.
That deposition, in which Mr. Cosby acknowledged giving sedatives called Quaaludes to young women for purposes of having sex with them, was unsealed a decade later, and Castor’s successor, District Attorney Kevin Steele, cited it as a crucial piece of evidence when criminal charges were brought.
The judge should not have allowed Mr. Cosby’s civil deposition testimony about Quaaludes to be introduced in his criminal trial, the defense said, arguing it was not relevant to Ms. Constand’s allegations and was highly prejudicial because it included statements regarding the illegal act of giving a narcotic to another person.
Mr. Cosby’s attorneys also faulted the judge for allowing prosecutors to call as witnesses other accusers whose allegations, the defense argued, were too remote in time and too dissimilar to Ms. Constand’s allegations.
Moreover, the defense asserted that a prosecution expert who testified relied on hearsay evidence of about 50 additional women who had leveled sexual misconduct allegations against Mr. Cosby.
Under the state’s appeals process, the trial judge will write an opinion by explaining his reasoning for the rulings the defense has challenged, and the matter will ultimately be decided by Pennsylvania’s appellate-level Superior Court. — Reuters

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