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Liability a sticking point in liberalizing construction

By Camille A. Aguinaldo
Reporter
FOREIGN contractors can bring much-needed expertise and investment, though stakeholders warned about the difficulty of enforcing liability rulings on foreign entities and the possible displacement of smaller Filipino-owned rivals.
Trade Undersecretary for Consumer Protection Group Ruth B. Castelo said if any problems arise with the project, enforcing a ruling against a foreign company may be difficult. Citing the Civil Code, she said foreign contractors are liable for the entire project.
“Allowing them to completely and 100% participate in construction projects in the Philippines would be detrimental to Filipino consumers. In case anything happens to the project and the foreigner is nowhere to be found, it is going to be very difficult for the Filipinos to go after them… it will be very costly for Filipino parties to go after them in international arbitration courts,” she said during a Senate hearing on proposed amendments to the Contractors’ License Law.
Philippine Constructors Association, Inc. (PCA) Executive Director Ibarra G. Paulino noted that he favors the entry of foreign contractors, provided that they bring investment and transfer of technology. However, he warned about the possible impact of their unrestricted participation on smaller contractors.
“It is too dangerous to allow the entry of foreign contractors without restrictions simply because they will compete with the small-time contractors and that will not be good for the industry,” he said.
Senate Bill No. 1909 proposes amendments to Republic Act No. 4566 or the Contractors’ License Law. The amendments include the removal of nationality requirements in granting licenses to new contractors.
“This proposal is meant to put foreign contractors on equal footing with the local contractors. And the end goal here really is to drive down price, bring in new technology,” Senator Sherwin T. Gatchalian, author of the bill, said during the hearing.
Under the current system, foreign contractors are allowed to operate wholly-owned units in the Philippines only under the Quadruple A Category license of the Philippine Contractors Accreditation Board (PCAB), which requires them bring in P1 billion worth of capital.
Foreign chambers have expressed support for the passage of the law.
“We strongly support this amendment… We feel that this sector has been neglected in a big way because the procedure of the accreditation is so tedious and difficult. It makes very difficult for international and domestic contractors to enter this field and participate and create an competitive environment,” Federation of Indian Chambers of Commerce Philippines Inc. (FICCI) Board Member Minoo Jamaji said.
“This bill will simply make very clear the practice since the 1965 law and it’s possible, regardless of nationality, for construction companies to participate in the Build, Build, Build and the growth of the Philippine economy. There are ways of regulating them other than discriminating against them. So we welcome the development,” American Chamber of Commerce (AmCham) Senior Advisor John D. Forbes said.

DoF estimates P40B in lost revenue if fuel excise suspended

THE DEPARTMENT of Finance (DoF) said that the government will lose some P40 billion in revenue if it suspends the second tranche of the fuel tax hike next year, adding that it has yet to draft the implementing rules on how the tax will be suspended and reinstated.
“For sure the excise is minus P40 billion. It will have an effect on the fiscal deficit,” Undersecretary Karl Kendrick T. Chua told reporters on the sidelines of a House hearing late Wednesday.
According to the Tax Reform for Acceleration and Inclusion (TRAIN) law, the subsequent increases in fuel taxes will be halted if the Dubai crude benchmark hits or exceeds $80 per barrel over three months, a level which it has already breached.
The law increased fuel excise taxes by P2.5 per liter this year, which is scheduled to rise by a further P2 and P1.5 per liter in 2019, and 2020, respectively, for a total excise of P6 per liter.
However he said that the increase in fuel prices will also increase the value-added tax (VAT) payable, which could help offset the revenue loss. He added that the losses can also be minimized if the tax hike can be restored.
“I cannot say now if it will be enough to offset, it might offset part of it. But I don’t know at this point when it will be resumed — that’s being discussed, I also don’t know the timing, the VAT effect,” said Mr. Chua.
He said an inter-agency body is expected to produce in the coming weeks the implementing rules and regulations (IRR) for the possible suspension of the excise tax increase on fuel, especially the mechanism for reinstating it.
“A suspension… is not forever. When things get better it resumes. So we have to determine in the IRR when it will resume. We are discussing the IRR how to properly reinstate or resume it,” he said.
“Some people think a suspension is forever but that’s not what it means. We’ll make it clear in the IRR which will be approved I suppose it will be approved in the coming weeks so that its clear,” he added.
Senator Paolo Benigno A. Aquino IV on Wednesday queried the DoF on the absence of implementing guidelines for the possible suspension of the fuel excise tax.
Earlier he sought a blanket suspension of the law, amid high inflation — which was at a nine-year high of 6.4% in August, to average 4.8% in the first eight months of the year, exceeding the central bank’s 2-4% target.
Mr. Chua has argued that a blanket suspension will benefit high-income families more, as they consume more fuel.
He said that the government will fast-track the release of its social mitigating measures such as the monthly P200 unconditional cash transfer for the poorest 50% of Filipino households this year, as well as P5,000 worth of fuel vouchers for public utility vehicle (PUV) franchise holders.
The cash transfers will rise to P300 in 2019, and will be rolled out until 2020, while PUVs will receive at most P20,000 in 2019.
Budget and Management Secretary Benjamin E. Diokno told reporters yesterday that the crude oil is unlikely to stay above $80 until the end of the year.
“I don’t think it will stay at that level,” he said, pointing to the possible decline in demand as car manufacturers move away from gasoline or diesel-powered vehicles.
“We will follow the law. We will suspend it if necessary. We will not deprive the people (of this) social safety net,” he added.
The Development Budget Coordinating Committee is expecting Dubai crude to move between $55-70 per barrel this year, and $50-65 in 2019 until 2022.
According to Mr. Chua, fuel prices are too volatile to predict whether the $80 threshold will be breached long enough to warrant a suspension.
“We are not sure, because the projections are all off. So I don’t know if they are projecting correctly, if we have factored in all the geopolitical issues, I don’t know. But we have to observe it on a daily basis,” he said. — Elijah Joseph C. Tubayan

2019 appropriations bill hurdles 2nd reading

THE House of Representatives on Wednesday night passed on second reading the proposed P3.757-trillion national budget for 2019.
House Bill 8169, or the General Appropriations Bill (GAB), was approved, via voice voting, after 11 session days of deliberation amid a target to have it passed on third reading before the legislature adjourns on Oct. 12.
The House on Wednesday also constituted the “Small Committee” to receive and resolve amendments to the GAB. Members have until Oct. 9 to submit their proposed amendments.
“Consistent with parliamentary precedence, we propose the creation of a Small Committee to receive and resolve amendments to House Bill 8169, or the Fiscal Year 2019 General Appropriations Bill,” Majority Leader Rolando G. Andaya, Jr. of the first district of Camarines Sur moved on Wednesday. The motion was carried.
The panel includes Mr. Andaya, Minority Leader Danilo E. Suarez of the third district of Quezon, Maria Carmen S. Zamora of the first district of Compostela Valley, Federico S. Sandoval II of Malabon, Corazon N. Nuñez-Malanyaon of the first district of Davao Oriental, Edcel C. Lagman of the first district of Albay and COOP NATCCO Rep. Anthony M. Bravo.
The P3.757 trillion budget is slightly less than the obligation-based 2018 budget of P3.767 billion, but comparing both budgets like-for-like under the new cash-based system it is 13% higher than 2018’s P3.324 billion.
The biggest portion of the proposed 2019 budget goes to education with P659.3 billion, up 12.3% from 2018.
Some P528.8 billion will go to the Department of Education; P65.2 billion to State Universities and Colleges; P50.5 billion for the Commission on Higher Education; and P14.8 billion to the Technical Education and Skills Development Authority.
The Departments of Public Works and Highways (DPWH) and Interior and Local Government (DILG) have been allocated P555.7 billion and P225.6-billion, respectively.
The DPWH’s budget for 2019 is up 25.8% while DILG’s allocation rises 30.9%.
Rounding out the agencies with the most appropriations are the Department of National Defense (DND) at P183.4 billion, the Department of Social Welfare and Development (DSWD) at P173.3 billion, the Department of Transportation (DoTr) at P141.4 billion, the Department of Health (DoH) at P141.2 billion and the Department of Agriculture (DA) at P76.1 billion.
The Senate is currently holding committee-level budget hearings for the various departments and attached agencies. — Charmaine A. Tadalan

DBM: 2018 budget release rate at 94% after 9 months

THE DEPARTMENT of Budget and Management (DBM) said it released 94% of the 2018 budget as of the first nine months of the year.
In a statement yesterday, the DBM said that it released P3.528 trillion of the P3.767 trillion worth of funding authorized for 2018.
“The quick yet prudent release of funds will enable agencies to promptly implement their programs and projects,” Budget and Management Secretary Benjamin E. Diokno said.
“Take note also that as early as end-January 2018, we have released 79% of the budget in line with the General Appropriations Act-as-Allotment-Order Policy,” he added.
Some P2.177 trillion of the released funds went to departments in the Executive branch, Congress, the Judiciary, and other constitutional offices.
The DBM added that special purpose funds worth P370.9 billion have been released, for a release rate of 75% against the total P494 billion authorized.
“These largely owe to releases from the Budgetary Support to Government Corporations (BSGC), Pension and Gratuity Fund (PGF), Miscellaneous Personnel Benefits Fund (MPBF), and the National Disaster Risk Reduction and Management Fund (NDRRMF),” the DBM said.
Of the automatic appropriations, P964.5 billion or 98% have been released, against the authorized total of P980.8-billion.
These include the Internal Revenue Allotment (IRA) representing local governments’ share of national government revenue, interest payments, and retirement and life insurance premiums.
In September, the DBM said it released P1.1 billion for the Public Utility Vehicle (PUV) Modernization Program; P2.6 billion for the National Housing Authority (NHA) projects benefiting uniformed personnel; P5.7 billion for pension differential arrears owed by the Armed Forces of the Philippines (AFP); and P1.9 billion for the NDRRMF for repair and rehabilitation projects in various regions.
“It is our job to ensure that funds are available to government agencies. We will continue to be efficient and transparent in our efforts to do so,” Mr. Diokno said. — Elijah Joseph C. Tubayan

PEZA-registered investment pledges down 55% in 9 months

THE Philippine Economic Zone Authority (PEZA) said investment pledges in the first nine months of 2018 declined over 55% with potential investors taking a wait-and-see attitude pending the passage of the Tax Reform for Attracting Better and High Quality Opportunities or TRABAHO bill.
Investment pledges totaled P87.85 billion in the first nine months, well below the year-earlier P196.46 billion.
The number of proposed projects registered for incentives fell nearly 18% to 362.
“Existing investors are not expanding. New investment pledges are not coming because everybody is waiting for what will be the result of the TRAIN (Tax Reform for Acceleration and Inclusion) 2,” PEZA Director-General Charito B. Plaza said in a phone interview on Thursday.
The TRABAHO bill is the second tranche of the tax reform program, initially called TRAIN.
“Manufacturing, etc., dropped,” Mr. Plaza added.
Meanwhile, the information technology sector, consisting mostly of business process outsourcing (BPO) firms and contact centers, accounted for the bulk of investments generated during the period, rising 8.82% year-on-year to P12.39 billion.
PEZA had not provided a breakdown of investment pledges by sector or by quarter at deadline time.
Exports by PEZA-registered enterprises, covering the eight months to August, rose 6.43% year-on-year to $35.79 billion.
Workers directly employed by PEZA-registered firms in the first eight months were estimated at 1.46 million, up 6.79%.
Information Technology and Business Process Association of the Philippines (ITBPAP) President and CEO Rey E. Untal said the wait-and-see attitude towards the TRABAHO bill, which seeks to rationalize investment incentives, has been dampening new activity in the sector, and forcing a rethink of expansion plans.
“A number of companies had a wait-and-see attitude [starting] last year, and I would like to think until now… the uncertainty had created that reaction,” Mr. Untal said Thursday in an interview at the group’s headquarters in Taguig City.
PEZA currently grants incentives including income tax holidays of up to eight years, and a perpetual 5% tax on gross income earned, and a zero value-added tax on local purchases, among others.
The TRABAHO bill is targeting revenue leakage via the grant of incentives deemed unwarranted and proposes to make incentives time-bound and performance-based.
The TRABAHO Bill will gradually reduce the corporate income tax (CIT) rate to 20% from the current 30% over a 10-year period. — Janina C. Lim

NEDA may introduce new poverty indicator

THE NATIONAL Economic and Development Authority (NEDA) is considering a new indicator to more accurately measure poverty, known as the multidimensional poverty index (MPI).
In her speech during the 73rd United Nations General Assembly at the UN headquarters in New York, NEDA Undersecretary for Policy and Planning Rosemarie G. Edillon said that despite government statistics showing real increases in income and declines in the poverty rate, there are challenges to the integrity of poverty data.
“My own take in all these protestations is that perhaps we are reporting the wrong metric,” Ms. Edillon said in her speech, a copy of which was distributed to reporters yesterday.
Ms. Edillon said that the MPI will be presented to the board of the Philippine Statistics Authority (PSA) for approval this quarter.
“Hopefully, the PSA can report periodically on this measure beginning next year,” she said.
According to NEDA, MPI captures the “multiple deprivations that each person is experiencing, with respect to education, health and living standards. It complements the income-based poverty indicators.”
It also allows cross-comparison across countries, ethnic groups, urban or rural locations, as well as other factors.
“MPI is more relevant in depicting poverty as it is closer to the concept of a comfortable lifestyle. It also provides an objective method for identifying beneficiaries of targeted assistance programs,” said Ms. Edillon.
Currently, NEDA and the PSA measure poverty by gathering data on family income and living expenditures. The data show sources of income and income distribution, spending patterns, and the degree of inequality among families.
The government aims to cut the poverty rate to 14% in 2022 from 21.6% in 2015. The Ambisyon Natin 2040 road map hopes to make the Philippines an upper middle-income country with zero poverty.
NEDA said that it has also started the pilot survey on the quality of life of Filipinos.
“This will complete the picture of incomes, outcomes, and perception of well-being of individuals and families. This can be analyzed alongside the different contexts of markets, the macroeconomy, the physical environment, and so on. We can perhaps gain a better understanding of what works and what does not,” Ms. Edillon said. — Elijah Joseph C. Tubayan

Pueblo de Oro rejects allegations of Cebu illegal land conversion

PUEBLO DE ORO Development Corp. (PODC) said it rejects allegations that it is building a project in Lapu-Lapu City, Cebu on inalienable forest land.
In a statement released Oct. 3, the company said it has official documents proving that the site of its subdivision is “alienable and disposable land.”
“PODC will present the aforementioned documents (and other evidence) to respond to the unfounded allegations at the appropriate venue,” it stated.
It noted in the statement that Lapu-Lapu City Regional Trial Court Branch 27 allowed the registration of the property to the original owner Pedro Manayon on Dec. 19, 1997, saying “‘the land was classified as a residential lot in 1967 per Ordinance No. 829 of Lapu-Lapu City Council, and in 1990 was classified as industrial lot per zoning Ordinance No. 290 series of 1990 of Lapu-lapu City.’”
On Nov. 13, 1995, the City Environment and Natural Resources Office issued a certification which declared the site “‘within the Alienable and Disposable block.’”
PODC also noted that Tax Declaration certificates in its name and Mr. Manayon “explicitly” stated that the property is residential land and on Nov. 24, 2011, the Department of Environment and Natural Resources, through the Region VII Environmental Management Bureau, granted an Environmental Compliance Certificate which covered these projects.
On Sept. 19, the National Bureau of Investigation Environmental Crime Division (EnCD) arrested eight individuals — two engineers and six drivers — who “were caught in flagrante conducting earth-moving operations and dumping materials in the forest land.”
They were arrested for allegedly illegally converting 23 hectares of forest and wet lands covered with mangrove into Pueblo de Oro Cebu Subdivision. They were presented for inquest proceedings for violating Republic Act 10654 (The Philippine Fisheries Code of 1998).
EnCD Chief Czar Eric M. Nuqui said the division is still investigating how original and transfer certificate of title were acquired over the property.
“PODC also denies that the two engineers and six drivers arrested by the Environmental Crime Division of the National Bureau of Investigation were caught in the act of conducting earth moving operations and dumping materials in a forest land,” the company said.
PODC is a member of the Investment & Capital Corporation of the Philippines Group. — Vann Marlo M. Villegas

Bill exempting small miners from tax on BSP gold sales clears 2nd reading

A BILL exempting small-scale miners from tax on gold sales to the Bangko Sentral ng Pilipinas (BSP) has hurdled second reading at the House of Representatives.
The chamber, via voice voting, approved House Bill 3297, which will grant an income and excise tax exemption to registered small-scale miners and accredited traders on gold sales to the central bank.
“We are encouraging our small-scale miners to sell their gold to the Bangko Sentral ng Pilipinas,” Ways and Means Committee chair Estrellita B. Suansing of the first district of Nueva Ecija said during interpellation Wednesday night.
“The objective of Bangko Sentral gold purchases is to raise international reserves, which have fallen,” Ms. Suansing added.
Representative Evelina G. Escudero of the first district of Sorsogon said in the explanatory note of the bill that imposing taxes on these transactions has led to a “drastic” drop in the volume of gold sold to BSP.
According to Ms. Escudero, the BSP has been deducting the 2% excise tax and 5% creditable withholding tax on gold purchases since 2011.
“Compared to BSP’s total gold purchases in 2010 of 918,110 troy ounces, purchases decreased by 98% to 20,354 troy ounces in 2014,” she added, citing data from the Regional Monetary Affairs office. — Charmaine A. Tadalan

USAID commits funding to extend innovation program

THE US AGENCY for International Development (USAID), has pledged P250 million for the three-year extension of a program meant to boost the Philippines’ capacity for innovation-led inclusive economic development.
According to the US Embassy, USAID Mission Director Lawrence Hardy II announced the extension of the Science, Technology, Research, and Innovation for Development (STRIDE) project at the Department of Trade and Industry’s (DTI) Inclusive Innovation Conference in Pasay City.
“USAID is a close partner of the Philippine government in investing in human capital development and employing science, technology, and innovation to bolster growth,” said Mr. Hardy in a statement.
The STRIDE project was launched in 2013 in partnership with RTI International to provide research and technology transfer between industries and universities. It also provides grants for collaborative industry-university research projects and scholarships in American universities.
The US Embassy said that the three-year extension will facilitate more collaboration with key government agencies and will help partner universities share their knowledge and best practices with other Philippine universities.
The Embassy added that the additional assistance brings in the total USAID investment to the Philippines in the innovation sector to nearly P2 billion since 2013.
The program has forged partnerships with over 380 industry partners, 110 Philippine academic institutions, and 25 US universities. It has given scholarships to 57 Filipinos and 68 grants worth P270 million to Filipino scientists and researchers. — Camille A. Aguinaldo

Again on the Catholic Church’s gay problem

Amidst fresh allegations by Archbishop Carlo Maria Viganò, the child sex abuse scandal involving the Catholic Church remains in limbo. Abp. Viganò writes: “The silence of the pastors who could have provided a remedy and prevented new victims became increasingly indefensible, a devastating crime for the Church.”
Silence is the last thing needed in these times. And one area in which silence is most deafening happens to be, as Mary Eberstadt famously puts it, the “elephant in the sacristy”: homosexuality in the priesthood.
Attempted deflections on the scandals make reference to clericalism or lack of religious formation. While indeed important factors, such would be incomplete if no account is taken of the homosexual culture that lurks within the clergy.
Not an issue, however, is priestly celibacy and this was already discussed in my previous article “The Catholic Church’s gay problem” (June 27, 2018).
Instead, Crisis Magazine’s (and Thomas More College’s) Tony Esolen explains it this way: “the whole of the meta-crime was homosexual. That is, we do not have examples of womanizing priests or priests with fetishes for girls going out of their way to recruit other such priests, forming a tight little cabal, covering for one another, suborning young men into this wicked way of life, issuing veiled threats against anyone who would go public, and snubbing those who did not approve. There was no network of abusers of girls. This network was about men who wanted to do things with boys and men.”
The numbers support it: John Jay College of Criminal Justice’s study “The Causes and Context of Sexual Abuse of Minors by Catholic Priests in the United States, 1950-2010” show that 80% of the sexual abuse cases were committed by priests with homosexual leanings.
Of such, Penn State professor Philip Jenkins (“The Myth of the Pedophile Priest”) says that only 1.8% of said priests are pedophiles.
The difference between the two, as Jenkins explains it, is this: “many people are confused about the distinction between a pedophile and a person guilty of sex with a minor. The difference is very significant. The phrase ‘pedophile priests’ conjures up images of the worst violation of innocence, callous molesters like Father Porter who assault children 7 years old. ‘Pedophilia’ is a psychiatric term meaning sexual interest in children below the age of puberty.
church
But the vast majority of clergy misconduct cases are nothing like this. The vast majority of instances involve priests who have been sexually active with a person below the age of sexual consent, often 16 or 17 years old, or even older. xxx In almost all cases too, with the older teen-agers, there is an element of consent.”
Stephen De Weger, in his article “Vatican II, the sexual revolution and clergy sexual misconduct” (June 2017), cites psychologist Sheila Murphy in that the “sexual revolution of the 60s, along with the ‘window opening’ of Vatican II, played a part in an increase of clergy sexual activity with adults, resulting in spikes of such activity in the 70s and 80s.”
And indeed, perhaps it’s no coincidence that the drop in reported sexual abuse cases happens at a time when many of today’s priests and seminarians (at least in the US) are under the age of 45 and heterosexual.
Msgr. Charles Pope thus encourages us to the logical and commonsensical conclusion: “the statistical evidence of the recent scandals shows a highly disproportionate level of homosexual involvement.”
“All this demonstrates that seminaries and the priesthood are not good places for those with deep-seated same-sex attraction. It does not take an anthropology or psychology degree to figure this out. Putting a man with same-sex attraction in a seminary is no more advisable than putting a heterosexual man in a woman’s dormitory where he shares shower facilities and close quarters with women.”
The Catholic Church itself is already replete with guidance on this matter, it just needs to apply such rigorously: there is the 1961 Instruction on the Careful Selection and Training of Candidates for the States of Perfection and Sacred Orders (prohibiting gays from entering seminaries) and the 2005 Instruction Concerning the Criteria for the Discernment of Vocations with regard to Persons with Homosexual Tendencies in view of their Admission to the Seminary and to Holy Orders.
Pope Francis, as Msgr. Pope tells us, reiterated that policy of not admitting “to the seminary or to holy orders those who practice homosexuality, present deep-seated homosexual tendencies or support the so-called ‘gay culture.’” Predictably, this “was underreported, likely because it does not fit the narrative the press wants to create regarding Pope Francis.”
The point here is not to gay bash but to look at the Church’s sex abuse scandal with clear eyes towards correction. As for homosexuality itself, we refer to then Cardinal Joseph Ratzinger’s words: “human person, made in the image and likeness of God, can hardly be adequately described by a reductionist reference to his or her sexual orientation.”
 
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

Trapped in the 17th century

It’s been two years and three months into the six-year term of the provincial despotism that became a national affliction in 2016 by promising to deliver the changes that have long eluded the Filipino people. It should be evident by now that it is at the very least underperforming — or at the worst, rapidly bringing the entire country to ruin.
The inflation rate was at a nine-year high of 6.4% last August, but is likely to go further up as fuel and food prices surge to unprecedentedly higher levels.
There’s also a rice crisis the Duterte regime has denied responsibility for, and blamed instead on its former National Food Authority (NFA) administrator.
The Philippine peso is declining in value and has become the weakest currency in Southeast Asia. Philippine unemployment is the worst in the region at 9.1%, or 4.1 million of the labor force, while the underemployed, according to Ibon Databank, is at 6.9 million, which add up to 11.1 million unemployed and underemployed.
“The economy,” notes Ibon, “is in a precarious situation of high inflation, high unemployment, slowing growth, rising interest rates, swelling trade deficits, a failing peso, and stagnation of agriculture and Filipino industry.”
But rather than address these and other problems, the regime has instead focused on silencing critics and encouraging a level of human rights violations unprecedented since the Marcos martial law regime, even as it manufactures various excuses for the nationwide imposition of martial law such as its “Red October” tale of a leftist-rightist conspiracy reminiscent of one of Marcos’s own deceptions in 1972.
Despite the continuing killing of suspected drug addicts and petty traders, the number of which human rights groups have pegged at over 20,000 so far, the campaign to rid the country of illegal drugs that was a major plank of the Duterte campaign platform in 2016 is foundering on the rocks of government corruption and selective application.
While small-time suspected drug pushers are summarily killed, the big- time drug lords and smugglers continue to dump their products into the Philippines. At least two huge drug shipments are unaccounted for, and their existence even dismissed by President Rodrigo Duterte as mere rumors. What amounts to a war against the poor has also left in its wake thousands of widows and orphans. As the murder of breadwinners continues, a humanitarian crisis is developing and adding to the poverty and desperate straits that already afflict millions.
Meanwhile, the promise to forge an independent foreign policy has resulted in imperialist China’s unchallenged dominance over the West Philippine Sea. China’s occupation of the Philippines’ Exclusive Economic Zone is going on without the country being any less dependent on US economic and military aid, in the context of which the Visiting Forces Agreement (VFA) and the Enhanced Defense Cooperation Agreement (EDCA) are still in force.
By all the rules of logic and common sense, the Duterte satisfaction rating should be plummeting. It did fall in the second quarter this year because of the surge in the prices of prime commodities. But it has recovered in the third, according to survey group Social Weather Stations (SWS).
Although his rating dropped from +65 last June to +41 among the well-off classes and from +52 to +45 among the poorest Filipinos, increases in his rating from, among other sources, the middle class and Luzon, have offset them. From the +45 “good” rating he received last June, Mr. Duterte received a +54 “very good” rating in the Sept. 15 to 23 SWS survey.
False and misleading reports rather than lack of information about what’s happening help explain this increase in his satisfaction rating despite his regime’s only too obvious failings. The orchestrated efforts of online trolls and the government propaganda machine’s liberties with the facts are reaping dividends for the regime in terms of continuing public approval.
But there are even more fundamental reasons, among them the regime’s success in controlling the public mind through the dominance in the public sphere where opinions are shaped of Mr. Duterte’s profanity-laced narratives on the drug problem, the terrorist threat, the supposed conspiracy to oust him from office, human rights, extrajudicial killings, and the International Criminal Court among others.
What this suggests is far from flattering to Filipino political culture. The country’s heroes — Dr. Jose Rizal, the lawyer Apolinario Mabini, the law student Emilio Jacinto, the worker Andres Bonifacio — were all children of the Enlightenment, and passionate in their commitment to liberty, equality, human rights and the rule of reason.
But most of those who pay lip service to these exemplars’ contributions to the Filipino nation eagerly approve of such false, simplistic solutions to complex problems as the execution, without due process and the presumption of innocence, of alleged wrongdoers. They buy into the absurdity that human rights don’t matter to human lives, and cheer regime attacks against critics, protesters and the free press despite Constitutional protection. They laugh at Mr. Duterte’s jokes about rape and extrajudicial killings; they applaud his religious bigotry and his disdain for criticism and dissent.
The rest of the planet is in the 21st century, but like their idol, they’re trapped in the 17th — in the pre-Enlightenment age when absolute rulers had the power of life or death and women were chattel. For them it’s as if the reform and revolutionary periods of Philippine history never happened.
Unlike the calculating and self-aggrandizing presidents the country has been plagued with, Mr. Duterte is in contrast also perceived by many as a straight-talking leader whose profanities are indicative of his earnestness rather than of a troubled mind. Other presidents at home in Filipino and with at least some familiarity with the English language are perceived as too cerebral and therefore unsympathetic to the many.
Mr. Duterte’s incoherence, bumbling ways and makeshift approach to governance feed into the anti-intellectual bent of those from whose lips so often fall what they think is the supreme insult: masyadong marunong (too intelligent), which they throw at protesting students and anyone else who dares criticize regime policies or who fact-check its claims. But there is also the culture of low expectations summed up in the expression puwede na (it will do), which is the very opposite of excellence as a political and governance value.
It is these characteristics of Filipino political culture that have been as instrumental as deceit in keeping in power the dynasties that have managed to make themselves look like true servants of the people rather than their masters. Mr. Duterte and his equally clueless bureaucrats are “satisfactory” because they are not “masyadong marunong” and what they’re doing is “puwede na.”
Rather than high expectations, logic or common sense, what fundamentally account for the regime’s satisfaction rating are most Filipinos’ limited demands on government and their supposed leaders, and the continuing reign of ignorance and unreason in this benighted land.
Rizal argued more than a century ago that against unreason only the power of education can prevail. Unfortunately, among those institutions that are charged with the responsibility of public enlightenment, both the educational system and much of the media are failing in that task, and as a consequence are once again putting this country of lost hopes in the same perils as those that almost destroyed it in 1972.
 
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

On popularity

Sudden fame is a like an intense fever. Its symptoms vary from vertigo, dizzy spells to blurred vision and breathlessness. The perception and depth of field alter as the cranium swells beyond normal proportion.
Some people are afflicted by celebrity blindness, deafness, numbness and selective amnesia. They forget who they once were, and who were their old friends. They are impressed by new shiny ones (who may only be opportunists and fair-weather users).
Victor Hugo once wrote, “Popularity? It’s glory’s small change.”
When a new star shoots up from the shadows of obscurity to the dazzling limelight, he develops an attitude. The narcissistic syndrome “I, me, myself” overshadows whatever good qualities he may possess. He sees, hears and remembers nothing and nobody but himself.
Not a few individuals become thoroughly self-absorbed — to the exclusion of other people. Obsessed with projecting a glossy image, the new star attempts to reinvent himself or enhance his packaging. In extreme cases, his personal story is sometimes edited and embellished to include some minor details such as nonexistent medals, awards. Significant events in the past may have been “altered” to the point that history is told in a different perspective. In the recent past, this expert manipulation of the truth has been embellished or suppressed to favor the various stars. Whatever is conveniently packaged can be convincing to the innocent or gullible public.
In politics and showbiz, fame and immense popularity come at a high price. The ego gets a tremendous boost but there are corresponding psychic losses. The lack of privacy and the eventual loss of equilibrium and sense of balance.
The degree of arrogance or pompousness is determined by a simple formula. Roughly interpreted, the altitude of one’s flight of fancy and delusion would be equivalent to the number of levels (or classes) one has climbed.
Speed accelerates this self-inflation process. The star tends to think of himself as better than his peers, colleagues and rivals.
In keeping with the new status and self-aggrandized persona, he demands recognition, respect, deference or sycophancy.
Woe to the lesser mortals and underlings who cannot keep up with him. The height, speed and breath of a new star’s instant expansion and fame have a transforming or distorting effect.
When people do not immediately recognize him, the star temper flares.
“Don’t you know who I am?”
The infamous line is uttered by the arriviste who thinks that he deserves instant recognition and special attention, preferential treatment — in restaurants, airport terminals, hotels, public places where there is an audience.
Newly elected or appointed officials change when they assume a position of power. Just like film and movie stars, they expect special favors, extra courtesies, freebies as a matter of fact, as their right and privilege.
Supercilious stars intimidate others when they can get their way.
At the gate of an exclusive village, a visiting politician hollered at the guard when his limousine was not allowed to pass late at night. The policy of “no sticker, no entry” was being enforced. However, the star expected to be exempted because of his title and position.
When the star was stopped, he said, “Don’t you know who I am?”
He called his bodyguards to berate the guard. Later, he had him picked up and brought to the station. This incident was seen on CCTV. It was a tasteless, petty show of arrogance and power.
One interesting anecdote reveals the main difference between one who is important and one who is trying to look important.
A distinguished government official had an impromptu but unpleasant encounter with the officer of an exclusive club. The officer was shouting at a driver for a minor offense. The official (who was the boss of the driver concerned) intervened and offered to correct his driver.
The club officer imperiously asked, “Are you a member?” The official replied, “Yes.” Then he identified himself and his position in the judiciary.
The club officer did not recognize the low-key official and pompously asked, “Don’t you know who I am?” He stated his name and boasted his exalted position. “Remember, the name is _____!”
The unassuming official quietly replied, “I know your father and grandfather. And I am honored to have been associated with them.”
That gesture is what can be described as “Class.”
An avid observer of the social scene commented, “If one has to ask another person, ‘Don’t you know who I am?’ It means that the other does not!” The person asking is not recognizable or is unknown to others.
There is a story about the famous award-winning actor Gregory Peck and his friend who could not find a table at a crowded restaurant. “Tell them who you are,” urged the companion, hoping to get VIP treatment.
“If you have to tell them who you are,” Gregory Peck reasoned, “you aren’t anybody.”
 
Maria Victoria Rufino is an artist, writer and businesswoman. She is president and executive producer of Maverick Productions.
mavrufino@gmail.com

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