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The UAAP basketball ticket price inflation and Philippines inflation

The University of the Philippines (UP) Fighting Maroons reaching the University Athletic Association of the Philippines (UAAP) championship this year was so spectacular, the spectacle is easily seen in two things: quick scarcity of game tickets and hyper-inflation of available ones.
UP became the UAAP champion in men’s basketball only twice, in 1940 when there were only four member-universities, and in 1986 with plentier teams. So after 32 years, 2018 could have been the rare chance for UP to become champion again.
From always cellar-dweller with often winless records, UP reached the top four, the semi-finals this year, and it was big celebration among UP students and alumni. High inflation of ticket prices started in their two knock-out games with Adamson.
When UP defeated Adamson and reached the finals after three decades and challenged defending champion Ateneo Blue Eagles, hyper-inflation of ticket prices occurred. A P200 ticket in Upper Box for instance was selling for P1,000, P1,500, even P3,000.
basketball
I watched Game 2 of the championship when Ateneo officially bagged the 2018 championship trophy. The energy of both sides was electrifying. Perhaps anyone paying the hyper-inflated ticket with a seat from scalpers would not bother just to feel such electrifying experience.
There is no escape from the law of supply and demand. When demand is very high while supply of seats is limited — Araneta Coliseum 16,500 seats, Mall of Asia (MOA) Arena 20,000 seats — then the tickets at original prices would quickly vanish. To reappear at a much higher, hyper-inflated prices.
Both venues should have struck a deal with UAAP and member-universities to raise ticket prices to 3x or 5x their original prices and portions of the extra revenues will go to UAAP members. This way, people with lower budget would opt themselves out and watch the games free in their respective campuses, malls, bars or in their houses. This is a proven measure to get rid of scalpers partially or fully.
The lesson — rely on market forces, let prices go up or down temporarily depending on supply-demand dynamics.
When government comes in, this market dynamism is restricted if not killed. Like when government imposed high oil taxes under the TRAIN law and this was implemented this year.
The Philippines’ inflation rate this year has mellowed from peak 6.7% in September and October to only 6% last November. This is the good news.
The bad news is that such decline is not enough to counter the inflation momentum this year. The Philippines has the biggest jump in inflation 2018 year to date (ytd, January to October or November) versus inflation 2017 (See Table 1).
Inflation Rate
A few weeks ago, the Duterte administration announced that it will suspend part 2 of oil tax hikes this coming January. That was good, and it was an implicit admission that oil tax hikes under TRAIN law are mainly responsible for our high inflation.
This week, the government made a U-turn and announced that part 2 of oil tax hikes will proceed as scheduled next month.
Cheap oil and energy is good. It means lower cost of farming (tractors, irrigation pumps, threshers, harvesters, trucks) and lower cost of fishing, which can help bring down food prices. Lower cost of manufacturing and in all other sectors of the economy.
But government and its allies think this is wrong, so government imposed high taxes to make oil and energy become expensive. Lousy.
French President Emmanuel Macron suffered heavy political beating after his government imposed high diesel taxes this year, part two to be done next month. Public reaction was deep anger at such a policy of expensive oil, expensive energy, even if Macron said it was meant to help “fight (man-made) climate change.”
After more than two weeks of violent demonstrations and rioting, Macron reversed policy and will not implement additional oil tax hikes.
While players, officials and fans of UAAP basketball and other sports can now rest, Philippine consumers have no rest from government-imposed expensive energy policy.
 
Bienvenido S. Oplas, Jr. is the president of Minimal Government Thinkers.
minimalgovernment@gmail.com

The injustice league

Senator Aquilino “Koko” Pimentel III said a few days ago that those individuals and groups demanding the imprisonment of Imelda Marcos because of her conviction on seven counts of graft should be “fair” to the Marcos family matriarch by respecting her constitutional rights, among them her right to post bail.
If her family was unfair to the people during the brutal reign of the Marcos kleptocracy, said Pimentel, they should nevertheless be fair to her — although the most the people can do is demand her imprisonment, because only the courts and the so-called “justice system” have the power to jail anyone. Because much of that system is a captive of the oligarchy that rules these isles, Imelda Marcos is in fact out on bail and scot-free despite her conviction, and unlikely to ever spend a single night in jail.
By “fair” Pimentel apparently means letting her file whatever appeal or motion she wants before any court she chooses. But fairness also means giving one his or her due, and is therefore another name for justice. And justice can only be realized by meting out rewards commensurate to one’s good deeds, and penalties proportionate to one’s transgressions.
Fairness is in this sense exactly what those demanding the implementation of the Sandiganbayan ruling are asking for: that Imelda Marcos be penalized in terms appropriate to her offense.
Justice is after all exactly what the dictatorship of which she was partner and accomplice denied this country and its people during its 14-year rule. Not only have the murderers and torturers of that period had a huge supply and the masterminds behind them eluded the punishment that is their due. What is even more outrageous is that many of the world-class thieves that set those sub-humans loose have also survived and thrived in all the regimes that succeeded Marcos and are at this very moment continuing to mock not only the laws of the land but every code of civilized society as well.
They pretend to be victims rather than criminals, are arrogantly unrepentant, and have made full use of the public funds they robbed the people of by buying the loyalties of entire communities and much of the corrupt bureaucracy in furtherance of their undying ambition to once more rule the same country they and their accomplices have never cared about.
Pimentel is so right. The Marcoses were indeed not fair during the reign of their late patriarch. He is also in a better position than many others of his generation to appreciate the absence of justice and fairness during the Marcos regime, his father having been one of its thousands of victims.
In 1972, Aquilino “Nene” Pimentel, Jr. was arrested and detained by that regime for being among the delegates to the 1971 Constitutional Convention who opposed the draft of the Charter that would enable Ferdinand Marcos to run for a third term and which contained a number of other anti-people provisions.
Detained at the gymnasium that had been converted into a prison in the Philippine Constabulary (PC) headquarters in Camp Crame, Quezon City, “Nene” Pimentel nevertheless used his time and skills as a lawyer to represent several poor detainees who had been arrested on the basis of manufactured and even nonexistent evidence. When they realized what he was doing, his PC captors moved him from the Camp Crame gym to the stockade to intimidate him. But even while among hardened criminals there, he continued to serve as the lawyer of detainees who had no counsel. Released after three months, he refused to sign the 1973 Marcos Constitution despite martial law’s still being in force.
Running with Benigno Aquino, Jr. for the interim Batasang Pambansa elections in 1978, Pimentel joined opposition leaders Lorenzo Tañada, and Teofisto Guingona in protesting the fraud-ridden election. He was again arrested and detained for being part of a demonstration denouncing it. Pimentel was arrested for the third time on rebellion charges in 1983, again on the flimsiest of evidence.
But it is not only the blatant injustices that the Marcoses committed that the experience of “Nene” Pimentel urges all Filipinos to remember. It is also the need for the fairness and justice to which everyone and not only the wealthy and well-connected are entitled.
That imperative has never been more urgent than today, during the reign of “Koko” Pimentel’s unlikely ally, President Rodrigo Duterte.
One of the ironies of these uncertain times is that his party, PDP-Laban, is a merger of two parties — Partido Demokratiko Pilipino and Lakas ng Bayan — that were opposed to the Marcos dictatorship that Mr. Duterte is so clumsily aping.
PDP was founded by “Koko’s” father “Nene” Pimentel, while Lakas ng Bayan was founded by Senators Benigno “Ninoy” Aquino, Jr. and Lorenzo Tañada. The two parties merged to form PDP-Laban to oppose the candidacy of Ferdinand Marcos during the snap elections of 1986, three years after the Marcos regime’s assassination of Aquino in 1983. The PDP-Laban’s standard-bearer was the slain senator’s widow, Corazon Aquino, whose son, former President Benigno Aquino III, was, during his term, relatively truer to that party’s legacy than its current leadership.
PDP-Laban’s anti-dictatorship origins are hardly in evidence today, its head being Mr. Duterte and its membership list being a veritable directory of other provincial despots, turncoats, and opportunists of every stripe. Among its now forgotten legacies is precisely its commitment to the fairness and justice that Pimentel was arguing in favor of Imelda Marcos.
Under the Duterte leadership, the party has become identified with tyranny and the encouragement of the very opposite of those values. Instead of justice, what the country is now being subjected to is a regime of injustice perpetrated by a league of bureaucrat capitalists and their military and police henchmen focused on the destruction of the Constitution and the very laws under the protection of which, Pimentel III was saying, Imelda Marcos has every right to seek refuge.
Equal protection of the law is, of course, best expressed in its equal application. But during the Duterte regime, it has since become apparent that only the likes of the Marcoses, the Estradas, the Arroyos and their kindred dynasties are entitled to that constitutional right.
Neither fairness nor justice is at work when the poor, the powerless, and regime critics and protesters are harassed and persecuted. They are completely absent when the police and their surrogate assassins murder children as well as suspected drug users and petty traders, while billions of pesos in illegal drugs are smuggled into the country with the collusion of Customs personnel.
Neither are those values in evidence when critics are summarily imprisoned on the flimsiest and most absurd of charges complete with planted evidence and the scripted testimony of the government agencies the regime has mobilized to silence dissenters.
“Koko” Pimentel is absolutely right when he asks the public to be fair to Imelda Marcos, although the police and the courts have been more than that to her. But he could do even better by reminding the regime he currently serves that fairness and justice are rights to which everyone else, and not just its chosen few, are entitled. He should be asking the injustice league, much more than the public it is still victimizing, to be just and fair.
 
Luis V. Teodoro is on Facebook and Twitter (@luisteodoro). The views expressed in Vantage Point are his own and do not represent the views of the Center for Media Freedom and Responsibility.
www.luisteodoro.com

Trump is ‘winning’ his trade war and Duterte should join in

What’s funny about this “trade war” are the ironies. Ironic that US President Donald Trump is coming off as the protectionist anti-trade isolationist. Ironic that China is being made to appear by mainstream media as the champion of globalization simply because the latter hates Trump. And ironic that China’s supporters in the Philippines are attacking Trump for “winning” his trade war, when many of those same Filipinos advocated for protectionist measures few years back.
And that’s not all of it.
Trump has warned of the US pulling out of the World Trade Organization, out of what he perceives as the latter’s inability to deal with China’s unfair trade practices. The tactic has been colorfully described by the WTO’s Director-General Roberto Azevêdo: “This guy comes along, and he begins to shake the tree pretty hard. So let’s make sure that some fruits fall. Let’s make sure also that you don’t kill the tree by shaking it too hard.”
But ironically, by calling for a pullout, Trump has “shaken” the WTO from irrelevance; with the EU and Canada leading calls for an updating of trade rules which — due to the untimely death of the Doha Round — remain essentially unchanged ever since the WTO was created in 1995.
But what if Trump eventually “kills” the WTO?
If that happens, while the US does share part of the blame, particularly former US president Barack Obama, who showed an amazing lack of interest in world trade, the EU and Japan certainly played a role in its demise, particularly on their insistence on agriculture subsidies.
And yet, even if it does go, if the trading countries, particularly the richer developed ones, are really serious about trade, then the demise of the WTO shouldn’t matter.
Yes, that’s right: because in a world where governments truly believe in trade, then the WTO is actually a superfluity.
It is only because countries mouth trade but impose trade barriers, either through tariffs, nontariff barriers, and illegal subsidies, that a WTO becomes a necessity.
That is why Trump was correct when he said at the G7 back in June: “You want a tariff-free, you want no barriers, and you want no subsidies, because you have some cases where countries are subsidizing industries, and that’s not fair. So you go tariff-free, you go barrier-free, you go subsidy-free. That’s the way you learned at the Wharton School of Finance. I mean, that would be the ultimate thing.”
As for the trade war with China, that is more optics than anything: firstly, China had no way of winning the “trade war.” As Forbes’ Panos Mourdoukoutas, in his article last August, “China Will Lose The Trade War With America, And That’s Good For Its Citizens,” explains it, China’s “economy is slowing, as it faces the ‘middle income trap,’ and the Lewis turning point. The income trap is a situation where a country’s growth rate slows down as it reaches middle income. The Lewis point is a situation where the ‘reserve army’ of labor shrinks, pushing wages and eroding the country’s competitive advantage in labor intensive industries. Chinese labor becomes expensive vis-à-vis India, Vietnam, and Indonesia. And that places additional pressure on the country’s growth. Meanwhile, China has yet to develop a robust domestic consumer market that will accommodate its growing production capacity.”
Regarding its consumer market, despite China’s claims of being an economic power, the Philippines (and the US) actually ranks way higher in terms of population above the poverty line, with China down below at 168 out of 171 countries surveyed.
What the US is quietly trying to manage is for China to save face and not lose badly.
So, while Trump may triumphantly tweet that China will “remove tariffs on cars coming into China from the US,” that only came after the US itself agreed not to increase tariffs on $200 billion worth of Chinese goods.
China had previously cut non-US automobile tariffs from 25% to 15%, so the removal of the tariffs on US cars should make things relatively square. As it should.
Because while indeed China’s tariffs were apparently to hit US auto exports, China’s automakers are tied up with US car companies: thus, General Motors has a joint-venture with China’s SAIC Motor and Ford is working with Baidu, while Buicks and Cadillacs are numerously made in China as well.
The point: if the Americans are making money, then so do China’s officials running State enterprises.
A true US win over China won’t be about money. It would have to take the form of China starting to play by the rules, particularly international law, the domestic rule of law, and human rights.
In the meantime, if President Rodrigo Duterte is serious about protecting Philippine interests in the West Philippine Sea, then a good way of going about it is to actively seek a Philippine-US Free Trade Agreement, as well as fuller and proper implementation of our trade agreements with Japan.
 
Jemy Gatdula is a senior fellow of the Philippine Council for Foreign Relations and a Philippine Judicial Academy law lecturer for constitutional philosophy and jurisprudence.
jemygatdula@yahoo.com
www.jemygatdula.blogspot.com
facebook.com/jemy.gatdula
Twitter @jemygatdula

The first journey

There are stages in life that every young adult must pass. The first trip alone, from the shelter of the parental home, is a major step.
One takes a virtual and vicarious journey through the fresh eyes of a young graduate on the verge of a new chapter in his life.
The traditional grand tour begins in late autumn, days before the frost appears. The glow of the imminent winter casts a magical aura over the cityscape.
The City of Lights is a magical place that remains in one’s heart and memory. Despite time and distance, it remains vivid like a polished diamond. Every season reveals a different facet as it refracts sunshine or moonlight.
Spring and summer give the city a rainbow sheen with the dazzling brilliance of gold, poppy red, tournesol yellow and viridian green.
Now the foliage is a rich tapestry of bordeaux, burgundy, copper, russet interwoven with olive and forest greens.
The sun dips gently behind the skyline dominated by the Tour Eiffel. At twilight, the sky becomes a translucent gauze backdrop of pale lilac and peach fading into blue-gray.
The wide boulevards radiate from the Arc like rays of an earthbound star. In the distance, the tower stands imperiously oblivious to the crowds below.
On the first day, a picturesque river cruise takes the traveler on the slate gray Seine to explore the city, get acquainted with the islands and the bridges with different characters. The water turns into a liquid mirror of glimmering reflections of gilt buildings against a cerulean sky. The bateaux etch abstract ripples on the glossy surface.
It is chilly but energizing after the long plane ride.
The ornate lampposts on the bridges, boulevards, fountains and park blink as they are switched on. Suddenly, the stars twinkle like crystal points in the indigo sky. Candle flames flicker though the beveled window panes of bistros and cafés. Chandeliers gleam in the dazzling halls of the Opera and chateaux.
At dawn, the shimmering silver mist hovers above the Notre Dame’s Gothic spires and the city’s tiled rooftops. As the sun slowly rises over the majestic trees of the Bois de Boulogne, the haze dissipates into the air. The sky is illuminated in a watercolor wash of lavender and blue. Clouds drift by like floating sailboats.
The city begins to throb at noontime. On the bohemian side, Rive Gauche, all the cafés fill with artists, students and tourists. The ambiance si fragrant with the aroma of coffee and pungent Gauloise cigarettes. In this part of the world, people still smoke everywhere.
A vibrant cacophony of multilingual words soars above lime syncopated notes of a jazz medley.
There is a special charm and magnetism about the Latin Quartier. It has a “je ne sais quoi” character not found on the chic Faubourg St. Honore and the elegant arrondisements near the Bois. The ambiance is a mélange of old-world wisdom and free-spirited modernity.
On the nearby hill across town, Montmartre vibrates on a nostalgic dimension. Musicians serenade the café habitués with vintage accordions, violins and plaintive music. Artists sketch intimate pastel or pencil portraits. Mime artists portray living sculptures of sphinxes and Pierrots.
The Sacre Coeur basilica overlooks the city — a guardian angel in white robes. Its vestibule and altar glow with votive candles. The incense smoke pervades the air. The strains of the harpsichord music linger in the mind.
Not far away is the vintage carousel with prancing horses.
Walking on the pebbled pathway through the park, one can watch the microcosmic comedy of life unfold. Children play tag and float tiny sailboats on the huge fountain. Lovers cuddle on benches along the long hallway of trees. People wander through the park, nibbling roasted chestnuts.
Across the vast park stands the majestic arc and beyond it are the glittering, imposing glass pyramid and the palatial Louvre museum. It is a heart-stopping sight.
Its radiance entices the art lover to enter its hallowed hall and be entranced by the awesome treasures of art and antiquities — the legacy of past civilizations. One tiptoes into the vaulted chambers the Renaissance to gaze in wonder at the masterpieces. The most alluring is the Mona Lisa — Leonardo da Vinci’s La Gioconda with her mysterious smile and hypnotic eyes.
It takes many years of repeat pilgrimage to appreciate the Louvre. The first-time visitor may be overwhelmed by visual overload. However, the rich immersion in art and history is priceless. Like a fine degustation meal, one should savor the artworks and digest them ever so slowly.
A leisurely stroll across the Seine leads to the Musee D’Orsay which holds a vast collection of Impressionist paintings. Monet, Degas, Renoir, Cézanne were among the prominent artists who captured the fleeting essence of light in various themes — the changing seasons, portraits and different moods.
In another hall illuminated by natural light, the viewer sees the radiant sunflowers (tournesols) and the starry skies of Van Gogh, the tropical colors of Tahitian life by Gauguin, and captivating provocative artworks of Picasso.
The splendor of Versailles and its dazzling hall of mirrors, the romantic sunset and La Vie en Rose will be among the treasured memories of the grand tour.
In retrospect, many years later, one recalls the magical aura of Paris. It is a unique multi-faceted jewel that needs to be discovered, again and again.
This first journey to the old world is just the beginning of many steps in life. C’est si bon.
 
Maria Victoria Rufino is an artist, writer and businesswoman. She is president and executive producer of Maverick Productions.
mavrufino@gmail.com

Shares slump as Huawei CFO’s arrest causes jitters

STOCKS tumbled on Thursday as investors were concerned the arrest of a top executive of Chinese telco giant Huawei could further flare up trade tensions between China and the United States.
The bellwether Philippine Stock Exchange index (PSEi) plunged 1.25% or 95.58 points to close at 7,535.32, after trading in the red for the entire day. The broader all- shares index likewise fell 0.94% or 43.24 points to finish at 4,530.92.
“Philippine shares continued the lackluster performance, using the futures market as a proxy for regional sentiment,” Regina Capital Development Corp. Managing Director Luis A. Limlingan said in a mobile message.
Stock market futures in the US mostly went down on Wednesday, reacting to the arrest of Huawei Chief Financial Officer (CFO) Meng Wanzhou in Canada at the request of US authorities for allegedly violating US sanctions against Iran. This adds to the already rocky foundation of the supposed 90-day truce agreed upon by leaders of both countries during the G20 Summit.
The Dow Jones Industrial Average futures dropped 1.3% or 332 points, while the S&P 500 futures slipped 1.3% or 34.20 points.
US markets were closed on Wednesday in observance of a national day of mourning following the death of former President George H.W. Bush last Nov. 30.
Asian indices also followed US market futures, closing mostly in negative territory on Thursday.
The bloodbath extended to all sectors back home, led by the property sub-index which dropped 1.95% or 73.10 points to 3,672.33.
Holding firms shed 1.35% or 101.91 points to 7,443.35; services slipped 0.91% or 13.15 points to 1,424.27; mining and oil went down 0.59% or 51.41 points to 8,554.64; industrials dipped 0.59% or 64.73 points to 10,842.51; while financials lost 0.42% or 7.67 points to 1,790.40.
Some 4.61 billion issues switched hands resulting in a turnover of P7.19 billion, down from Wednesday’s P8.32 billion.
Decliners outpaced advancers, 113 to 74, while 50 names were unchanged.
Foreign investors turned buyers, recording net inflows of P128.34 million compared to the previous session’s net sales worth P28 million.
Among the day’s top gainers was First Gen Corp. (FGEN), which rallied 4.81% to P19.18 each.
“This is the second day straight that FGEN has bucked the trend and stayed the top gainer. Its partnership with Tokyo Gas in pursuit of building an LNG terminal appears to have been the catalyst as this should ensure its ability to maintain a stable fuel source upon Malampaya’s depletion,” Papa Securities Corp. Head of Online Trading Arbee B. Lu said in an e-mail.
“Despite today and yesterday’s declines, the PSEi is still trading well within its uptrend channel and has room to correct without breaking down until 7,381 — that’s still -2.0% away. We continue to view this as an opportunity to recalibrate holdings in preparation for the next upswing,” Ms. Lu said on Thursday. — Arra B. Francia

Peso weakens further

THE PESO extended its drop against the dollar to hit another three-week low, worsened by market jitters over the US-China trade dispute.
The local unit ended the session at P52.76 versus the dollar on Thursday, down two centavos from the P52.74-per-dollar finish the previous day. This was the peso’s worst performance since it closed at P52.805 against the dollar last Nov. 15.
The peso opened the session a tad stronger at P52.70 against the dollar, which was yesterday’s best showing. On the other hand, it slid to as low as P52.91 versus the US currency intraday.
Dollars traded declined to $993.25 million versus the $1.283 billion that switched hands the previous session.
Ruben Carlo O. Asuncion, UnionBank of the Philippines chief economist, said the peso’s decline may be attributed to the “market jitters” about the future of the trade truce between China and the United States.
“Nervousness came from the arrest of Huawei CFO [chief financial officer] in Canada,” Mr. Asuncion said in a text message. “The arrest of the Huawei CFO may undermine the truce. China has already intimated its protest about the said arrest.”
For today, Mr. Asuncion expects the peso to trade between P52.50 and P52.80, while a trader gave a P52.70-P52.90 range. — KANV

Inquiry into drug war to continue, says ICC

THE International Criminal Court (ICC) said it will continue its preliminary examination into President Rodrigo R. Duterte’s war on drugs despite the country’s withdrawal from the Rome Statute last March.
In a report released on Wednesday, the ICC said it will still continue its assessment of the information to determine whether the alleged crimes committed in the course of the drug war are under the jurisdiction of the Court.
“This assessment is strictly guided by the requirements of the Statute and being conducted with a view to reaching conclusions within a reasonable time frame. The Office will also continue to engage with a variety of reliable sources and relevant stakeholders on all matters relevant to the preliminary examination of the situation in the Philippines,” ICC said.
“Any alleged crimes occurring in the future in the context of the same situation could also be included in the Office’s analysis. Accordingly, the Office will also continue to record allegations of crimes committed in the Philippines to the extent that they may fall within the jurisdiction of the Court,” it added.
ICC Prosecutor Fatou Bensouda announced the start of preliminary examination on Feb. 8. On March 17, the Philippines submitted its withdrawal from the Rome Statute with the United Nations Secretary-General.
In its report, however, the ICC cited Article 127 of the Rome Statute stating that withdrawal from the ICC will take effect only a year after the submission of the notice of withdrawal.
“The Court retains jurisdiction with respect to alleged crimes that have occurred on the territory of the Philippines during the period when it was a State Party to the Statute,” the report said.
The court said the office of Ms. Bensouda received 52 communications on the alleged crimes against humanity linked to the war on drugs.
The ICC also alleged that over 12,000 have been killed since July 1, 2016, the start of Mr. Duterte’s presidency. Anti-drug police operations, however, only cite over 4,800 casualties so far.
The Palace has yet to issue its statement as of this reporting. — Vann Marlo M. Villegas

Duterte cites improvements in airport inspections

By Arjay L. Balinbin, Reporter
PRESIDENT Rodrigo R. Duterte on Thursday cited improvements at the airports, including his “no human contact” and “no opening of baggage” policies.
“Alam mo kung mayroong improvement d’yan sa public service sa airports, one is that no more inspection sa bagahe papasok,” the President said in his remarks during the celebration of the 85th Anniversary of the Department of Labor and Employment (DoLE) in Pasay City on Thursday afternoon, Dec. 6.
(You know, if there are improvements in public service at the airports, one is that there is no more baggage inspection at the entrance.)
He added: “Magdala kayo ng dinamita, bala, marijuana, cocaine, okay lang. Walang bukas ‘yan. Pero pagdating mo sa labas doon naghintay ‘yung PDEA pati pulis.”
(You bring in dynamites, bullets, marijuana, and cocaine, it is okay. Nobody will open that. But the Philippine Drug Enforcement Agency (PDEA) and police officers are waiting outside.)
He said he “made it a point that opening of bags and human contact” with immigration officers will no longer be allowed.
“You just swipe your passport, and then you can go out. No more question sa (at the) Immigration,” he said.

Rappler files motion to void tax case

By Vann Marlo M. Villegas
RAPPLER Holdings Corp. (RHC) and its CEO and executive editor Maria A. Ressa has filed a motion seeking to nullify a tax evasion case filed by the Department of Justice (DoJ) before a Pasig City court, arguing that it does not have jurisdiction over the case due to procedural issues.
In its Dec. 4 urgent motion before the Pasig City regional trial court (RTC) Branch 265, Ms. Ressa and Rappler also asked that the case be remanded to the DoJ and also moved for a suspension of proceedings.
The accused said they were deprived of their right to a full preliminary investigation as they only received DoJ’s Oct. 2 resolution indicting them for tax evasion on Nov. 15, while the DoJ already filed its information on Nov. 14.
“Hence, it is clear that Accused RHC and Maria Ressa were deprived of their right to full preliminary investigation, which we respectfully submit is a constitutional requirement for this Honorable Court to acquire jurisdiction over the offense charge,” they stated.
The respondents are accused of violation of the Tax Code and failing “to supply correct and accurate” information on their quarterly sales receipts from the issue and sale three years ago of Philippine Depository Receipts (PDRs) worth P2.45 million, which resulted in a deficiency value-added tax of P294,258.58
Ms. Ressa posted bail of P60,000 on Dec. 3.
The respondents also said they were deprived of due process as they received from the Bureau of Internal Revenue a Letter of Authority on March 5 to assess Rappler’s alleged tax deficiencies, yet the BIR filed a criminal complaint before the DoJ three days later “without even conducting any administrative investigation or field audit.”
“Given the foregoing, it is respectfully submitted that the accused RHC and Maria Ressa should not stand for trial for this case as the filing of the information is premature and the conditions precedent to its filing (have) not been complied with,” the motion stated.
Under the Run After Tax Evaders Program of the BIR, there must be a preliminary investigation, issuance of letter of authority, and formal investigation prior to the filing of a criminal complaint.
The accused also said the DoJ “unnecessarily split” the information into four other “intimately related” cases before the first division of the Court of Tax Appeals (CTA), when the “DoJ itself in its Resolution had considered the transactional activities of RHC to form part of a sequence that constituted securities dealing within a single year.”
They also argued that the CTA, a specialized court, and the RTC could render contradicting findings.
“It is basic that a person who commits a series of acts under a singular intent may only be indicted once,” the respondents said.
“Moreover, the tax liability, if any, all rose from the same PDR Transaction. Consequently, RHC should not be charged separately for each taxable quarter for failure to report or supply an accurate return. RHC should have only been charged for one offense of Section 255,” they added.
Further, the information against the respondents failed to allege that RHC was “regularly engaged in the purchase of securities and resale thereof to customer” and that value-added taxes are due since the BIR did not conduct any formal investigation.
For his part, Justice Secretary Menardo I. Guevarra said he is “pretty sure that inasmuch as it’s the BIR who filed the complaint, I have to trust that the BIR followed the proper procedure before filing the criminal complaint for tax evasion.”
The Pasig City court has scheduled an arraignment on Dec. 6.

Palace confirms no holiday truce with Reds

By Arjay L. Balinbin, Reporter
Malacañang on Thursday said there will be no holiday truce with the Communist Party of the Philippines-New People’s Army (CPP-NPA) this December.
“We will not allow it this time,” Presidential Spokesperson Salvador S. Panelo said in a press briefing at the Palace on Thursday morning, Dec. 6.
He said Defense Secretary Delfin N. Lorenzana is against it “because, according to him, they’ve been using this cease-fire to celebrate their yearly anniversary,” which is on Dec. 26. “They are using it as an opportunity,” he added.
In case communist rebels launch attacks during their anniversary, Mr. Panelo said: “We are ready for that. The President doesn’t have to make any orders. There has been—all laws, the requisite of it have been placed even prior. Meaning to say, the defense is ready for any eventuality.”
In a statement posted on his Facebook page on Nov. 4, National Democratic Front of the Philippines (NDFP) consultant Jose Maria C. Sison said: “The NDFP Negotiating Panel has already received advance notice from the CPP that it shall order the NPA to go into unilateral ceasefire mode in order to manifest solidarity with the people celebrating the Yuletide season and to celebrate the 50th anniversary of the CPP.”
He added: “The temporary unilateral ceasefire of the NPA demonstrates the high morale and self-confidence of the revolutionary forces and people in their all-round strength. But at the same time they are on alert for active defense because the enemy forces continue to wage all-out war and commit all kinds of terrorist acts and atrocities.”
Also in his statement, Mr. Sison noted that there has been “a de facto martial law nationwide” even without the President’s formal proclamation.
“The Philippines has been put under a national state of emergency and mass murders are being carried out in the countryside by the military under Oplan Kapayapaan in the same mode as Oplan Tokhang in impoverished urban slums,” he said.
“The escalation of mass murders of suspected rebels and sympathizers in both rural and urban areas is signaled by Duterte’s call for the formation of death squads for the purpose. The proclamation of the national state of emergency is prelude to the declaration of martial law nationwide. Martial law is being extended in Mindanao.”
As for the Defense Secretary, Mr. Sison said: “Lorenzana appears to differ with Duterte by calling for restraints and military intelligence-based execution of suspects. But there is no difference because the military under Oplan Kapayapaan and the police under Oplan Tokhang do not need any court warrant to abduct, detain, torture and murder suspects.”

Nationwide round-up

Spokesman explains: Duterte’s ‘kill the bishops’ remark just means ‘stop criticizing’

PRESIDENTIAL Spokesperson Salvador S. Panelo yesterday said President Rodrigo R. Duterte’s statement last Wednesday that bishops in the country should be killed was “only for dramatic effect.”
Mr. Duterte, in his remarks at a Palace event on Dec. 5, said: “Itong mga obispo ninyo, patayin ninyo. Walang silbi yang mga gagong yan (These bishops of yours, kill them. Those fools are useless). All they do is criticize.”
Asked for comment during a Palace briefing on Thursday, Dec. 6, Mr. Panelo explained: “I think that’s only a hyperbole on the part of the President. We should be getting used to this President. He makes certain statements for dramatic effect. But he actually means stop criticizing and do some good for this country, help us.”
The spokesman also brushed aside the possible implication of encouraging more killings, saying, “No, I do not think so. Majority of the Filipinos have, I think, been used to this President.”
Asked what would convince the President to stop from criticizing the Catholic Church, he said: “It’s not a matter of convincing. Perhaps it is a psyche; it is in his mind. There are certain things that he doesn’t approve of. And he expresses his thoughts to us. Perhaps in a manner that some of us don’t want, but that is his style. As correctly pointed out by Senator (Panfilo M.) Lacson, when we voted him into office, his style was factored in. So we have to leave it up.”
He added that the President, in return, does not expect any apology from the clergymen who have been very vocal in criticizing his administration.
“Not really. What he is you saying is, ‘Stop criticizing, do something good. You can’t find anything good that I’m doing. And yet even the Pope is saying that all countries should fight drug addiction, drug syndicates.’ So even the Pope is supporting him. Now, that they say — but he is supporting only the drug campaign against drug syndicates but not the killing. But you assume that the state initiates that killing, which we always dispute,” Mr. Panelo explained. — Arjay L. Balinbin

Briguez is new Air Force chief

The Philippine Air Force named Lt. Gen. Rozzano D. Briguez as its new chief on Thursday, Dec. 6.
In a letter dated Dec. 5, President Rodrigo R. Duterte informed Department of National Defense Secretary Delfin N. Lorenzana of the appointment of Mr. Briguez.
“I wish to inform you that, per your letter-endorsement and in accordance with the recommendation of the Chief of Staff, Armed Forces of the Philippines and Chairman, AFP Board of Generals, pursuant to Republic Act. No. 8186, as amended, the designation of LIEUTENANT GENERAL ROZZANO D. BRIGUEZ 0-9474 ARMED FORCES OF THE PHILIPPINES as Commanding General, Philippine Air Force vice LTGEN GALILEO GERARD R. KINTANAR, JR. 0-9216 AFP is hereby APPROVED effective this date,” the letter stated.
Mr. Kintanar has opted for an early retirement, according to Department of National Defense Spokesperson Arsenio R. Andolong in a chance interview with reporters.
“General Kintanar simply opted for early retirement,” said Mr. Andolong.
Armed Forces of the Philippines (AFP) Public Affairs Chief Col. Noel J. Detoyato, meanwhile, said Mr. Briguez’s appointment is to give way to junior officers.
“It’s just to give way for the junior officers, that’s how professional and dynamic the organization is,” Mr. Detoyato told reporters.
“(S)o the dynamism of the AFP organization is if the junior officers have to go up, the older ones have to give way,” he added
Mr. Briguez is a member of the Philippine Military Academy class of 1986. Other members of class 1986 who are currently serving major commands of AFP are: Philippine Navy Flag Officer-in-Command Vice Admiral Robert A. Empedrad, and Philippine Marines Corps Commandant Major General Alvin A. Parreño.
Mr. Briguez was the head of the AFP’s Western Command in 2017. — Vince Angelo C. Ferreras

Gov’t offices told: Christmas parties should not disrupt public service

THE CIVIL Service Commission (CSC) yesterday reminded government offices, especially the frontline agencies, that the holding of Christmas parties and other year-end celebrations should not disrupt the delivery of public services. “The CSC does not prohibit the holding of Christmas parties as long as government agencies can assure continued delivery of efficient services,” the agency said in a statement. CSC advised the adoption of “appropriate working schedules and assign skeletal forces to ensure that all clients who are within their premises are attended to during office celebrations.” CSC Chairperson Alicia dela Rosa-Bala said, “Christmas is the season of sharing and giving and I know that the best gift government workers can give to the transacting public is the provision of responsive, compassionate, and effective public service, not only for the holidays but throughout the year.”

Christmas village at 100-year-old capitol

Pangasinan’s provincial capitol complex, located in Lingayen, is all lit up for the traditional Paskuhan sa kapitolyo Christmas village, but this year’s celebration and decor are extra grand as the capitol building marks its 100th year on Dec. 28.

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