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Agri dep’t outlines port-of-origin inspection regime for rice imports

AGRICULTURE Secretary Emmanuel F. Piñol said the more permissive system for private rice imports will still require sanitary and phyto-sanitary (SPS) import clearances with inspectors to assess shipments at the port of origin.
“Even for private imports, we will have to implement the SPS and determine whether they are bringing in 25% brokens,” Mr. Piñol told reporters at the sidelines of the ASEAN Agriculture Summit 2018 held at SMX Convention Center in Pasay.
He was referring to the grade of rice typically imported, which is determined by the permissible percentage of broken grains.
Mr. Piñol said that the DA will be sending its staff to ports of origin to issue the SPS clearance and will decline the shipment if it fails to pass.
He said the inspection measures will be in force “effective in the next round of importation.”
Mr. Piñol said that the price of rice has already started to drop with the onset of harvest season, along with the entry of imported rice, according to Philippine Rice Research Institute Executive Director Sailila E. Abdula.
He said the timing of imports remains critical because it can depress the price farmers can obtain at harvest time.
According to Mr. Piñol, the buying price of palay, or unmilled rice, by the National Food Authority remains at P17 but he added that with incentives the actual price is equivalent to P20.
Mr. Piñol also denied that the agriculture sector is at fault for high levels of inflation, noting that those in the farm sector are also victims of high prices.
In his speech at the summit Mr. Piñol said: “Food prices are only indicative of the effect of other inflationary costs. Agriculture only reacts to other causes of inflation like fuel. Do not blame food prices as a cause of inflation.”
In front of the ASEAN Business Advisory Council, he also announced that the Philippines will stop importing higher grades of rice from Vietnam and Thailand.
“Sorry to our friends from Thailand and Vietnam. We will no longer import your Class A rice. Our local farmers will produce the Class A rice,” he said.
Philippine Chamber of Commerce & Industry Chairman George T. Barcelon said that it is necessary for the country to focus on high-value crops, as domestically-produced rice is more expensive than imports.
“The rice we import is cheaper than the food we produce locally. It is important for our country like the Philippines to go for high-value crops,” Mr. Barcelon said.
Ateneo de Manila University professor Cielito F. Habito has said that the pursuit of rice self-sufficiency is driving the price of rice higher because even marginal land is planted to rice, increasing overall farming costs. He instead advocated focusing resources on crops that can be exported such as cacao and coffee.
Mr. Piñol, however, said: “We cannot throw one commodity under the bus and promote another. We’ve got to work on both.” — Reicelene Joy N. Ignacio

DoE energy mix tweak may see drop in baseload share

THE Department of Energy (DoE) is once again modifying its energy mix policy to reflect what the power distribution system needs, which initial assessment shows baseload plants to account for 55-56% and not the 70% earlier set by the department.
“Is it really 70% in terms of baseload? It appears it’s not. It’s 55, 56%,” Mario C. Marasigan, director of the DoE’s electric power industry management bureau, told reporters when asked about an update on the department’s energy supply and demand outlook.
The final energy mix, which broadly guides the private sector on the type of power plants to build, will be ready once the power utilities have submitted their distribution development plans, he said.
At present, the DoE’s energy mix, which was set when Energy Secretary Alfonso G. Cusi took over in 2016, is 70% baseload or power plants that remain online for an extended period, 30% mid-merit or those that can easily be switched on and off, and 10% peaking, which are mostly diesel-fired power plants.
“Our outlook is still 70-20-10, that’s why we’re changing it,” Mr. Marasigan said.
He said next to baseload power plants, the next biggest share is from mid-merit plants, which are switched on as demand starts to rise when offices and malls open.
Peaking plants account for the smallest share considering the peak power demand is shorter — about two hours in Metro Manila when electricity use spikes in the afternoon and early evening.
He said rounded figures would give an energy mix of 60-30-10 for baseload, mid-merit and peaking, respectively, or 55-35-10, depending on the final submissions of the distribution utilities’ outlook.
Mr. Marasigan said in terms of the technology used by the power plants, baseload plants are largely coal, geothermal, biomass, natural gas and some hydroelectric plants. The facilities that provide the country’s mid-merit power demand are natural gas-fired, diesel and impounding hydropower plants.
He said renewable energy sources such as solar and wind are generally mid-merit and peaking plants but their output is dispatched first as called for by the country’s feed-in-tariff system that encourages their development. This sometimes results in the output of the other plants to be curtailed to give priority to renewables in the electricity spot market. — Victor V. Saulon

Domestic trade flows grow sharply in Q2

THE VOLUME and value of domestic trade both grew sharply across most categories of commodity shipped during the second quarter, the Philippine Statistics Authority (PSA) said.
According to preliminary data released Monday, the PSA said the value of domestic trade in the three months to June rose 25.3% year-on-year to P216.29 billion.
By volume, commodities traded domestically during the period amounted to 6.51 million tons, up 28.1% from a year earlier.
Most of the eight commodity categories monitored by the PSA posted gains in volume, with the crude materials and inedibles except fuels category posting a 79.4% gain to 808,364 tons. By value, the category declined 9.6% to P3.76 million.
Miscellaneous manufactured articles came in second with a 62.2% increase to 210,819 tons. Value however soared 109.7% to P13.03 million.
Food and live animals came in third, rising 47.6% to 1.35 million tons. Value grew 41.9% to P49.15 million.
Other items that expanded in volume during the period were beverages, growing 38.7%; animal and vegetable oils, fats and waxes, 17.1%; manufactured goods classified chiefly by material, 16.2%; and mineral fuels, lubricants and related materials, 12.8%.
Meanwhile, chemical and related products declined 43.6% to 240,914 tons, though they rose 9.2% by value to P12.35 million.
Machinery and transport equipment declined by 8.1% to 655,569 tons while value increased 9.7% to P74.4 million.
Ruben Carlo O. Asuncion, Chief Economist at the UnionBank of the Philippines, said the year-on-year growth in volume corroborates the robust 6% gross domestic product growth in the second quarter this year.
“With the expanding movement of goods, inputs, and other products, this soundly underpins economic expansion and further growth,” Mr. Asuncion said in an e-mail on Monday when asked for comment.
That machinery and transport equipment topped the traded commodities by value “somehow confirms the rising trend of increasing investments in infrastructure development from the public sector,” according to Mr. Asuncion.
“This, in turn, influences further private investments that contribute to growth across the board,” he added.
ING Bank N.V. Manila Senior Economist Nicholas Antonio T. Mapa said a recovery in Central Visayas trade flow value was due to increased investment in the region.
“Movement of goods is seen from regions with ports to other areas although it is quite interesting to see that Central Visayas has swung to a positive trade balance from last year. This can reflect that investments have moved into this region with goods remaining in the said areas for growth and development,” Mr. Mapa said in an e-mail.
Mr. Mapa noted that the accelerated flow of goods across regions shows resilience in the economy notwithstanding increased transportation costs due to higher fuel prices and interest rates.
“Overall the trends in domestic trade continue to point to a still burgeoning growth momentum, which bodes well for overall GDP going forward,” Mr. Mapa added. — Janina C. Lim

Wheat imports by flour millers to be flat in 2018

WHEAT IMPORTS by flour millers are expected to be little changed this year with demand for wheat products tempered by the commodity’s high price on world markets.
“I can project that imports will be flat this year at 2.6 million metric tons (MT) same as last year’s total,” Philippine Association of Flour Millers, Inc. executive Director Ricardo M. Pinca said in an interview in Pasay City on Monday.
Mr. Pinca estimates US wheat prices at $5 per bushel, up 25% from a year earlier.
At least 90% of the country’s wheat imports are sourced from the US which Mr. Pinca said can deliver wheat at guaranteed quantities and consistent quality.
Mr. Pinca said increasing fuel, freight and logistics cost as well as the peso’s depreciation against the dollar are compounding the industry’s challenges.
In the six months to June, total wheat shipments amounted to 1.3 million MT, flat from a year earlier.
However, the group is banking on the possibility of a pick up in the last quarter of the year during which consumption is usually bolstered by holiday demand. At least half of domestically-milled flour goes to bread production while the balance tends to go to noodles, cookies and crackers.
He said Mabuhay Interflour Mills’ expanded Subic facility is expected to enter commercial operations within the year.
There are currently 21 flour millers in operation, with 5.85 million MT worth of capacity in 2018, up 15.38%.
Two new wheat flour millers are expected to add to the capacity by at least 200,000 tons next year to help meet the expected recovery in demand by then.
The millers currently operating are RFM Corp., Liberty Flour Mills, Universal Robina Corp., Wellington Flour Mills, Philippine Flour Mills, Philippine Foremost Milling Corp., Morning Star Flour Mills, Delta Milling Corp., and North Star Flour Mill;
Great Earth Industriall Food Inc., California Flour Mill., Mabuhay Interflour Mills., Monde Nissin Corp., Atlantic Grain, Inc., AgriPacific/Rebisco., San Miguel Mills Inc., Pacific Flour Mills, Pilmico Foods Corp., General Milling Corp., Asian Grain Inc., and New Hope Flour Mills. — Janina C. Lim

DBM pledges continuing budget support for LGU open spaces

THE Department of Budget and Management (DBM) has committed to support green infrastructure and open spaces in cities with an annual allocation.
“DBM plans to fund this program every year of the administration until the tides have turned, and public space is no longer an aspiration but a given,” Budget Secretary Benjamin E. Diokno said in a speech on Monday during the launch of the Green, Green, Green program at the National Museum of Natural History in Manila.
Mr. Diokno said the program generated an 143 green projects for this years, composed of 60 public parks, two mangrove parks, 21 public squares and plazas, 13 institutional open spaces, 30 waterfronts, and 16 streetscapes.
He said that the program increased the amount of public open space excluding roadways by 2.65% on average, and is projected to benefit up to 300,000 pedestrians overall.
“Our Local Government Code requires that all cities provide parks and the newly released National Urban Development Framework promotes the adequate network of open spaces to be implemented through the comprehensive land use guidelines. We are finally putting our money where our mouth is,” said Mr. Diokno.
The DBM opened a P2.59-billion Local Government Support Fund — Assistance to Cities financing space in 2017 to support “the development of their respective open spaces” in the country’s 145 cities.
These include the enrichment of open space through turfing, landscaping, and green space architecture; establishment of forest parks, arboretums and botanical gardens; transformation of streetscapes, such as the installation of eco-friendly street furniture and fixtures, and shade; augmentation of connectivity and accessibility, including the construction of eco-friendly bike lanes and walkways; and green infrastructure enhancements, such as tree planting, construction of bioswales and pervious surfaces.
“I am happy to report that many of the projects are clearly drawing from international best practices and innovations. From water management to pedestrian and bike friendly streets to using local flora and fauna, LGUs are building knowledge on urban design, applying what they have learned in the DBM-organized workshops, and initiating their own correspondences with our resources persons,” said Mr. Diokno.
“DBM has set up a technical review unit to oversee the effective utilization of the fund, working with local staff to improve designs. We will continue offering the LGUs learning opportunities as we explore partnerships with the private sector, academe, and international institutions,” he added. — Elijah Joseph C. Tubayan

Senate passes on 3rd reading fee exemption bill for first-time job seekers

THE Senate approved on third reading a bill that will exempt new graduates from paying fees in the process of obtaining government documents for their first jobs.
The Senate on Monday approved Senate Bill No. 1629 or First-time Jobseekers Assistance Act on third and final reading.
“We welcome the huge support of our colleagues in prioritizing this significant measure that will benefit our fresh graduates and out-of-school youth who usually face difficulties as they undergo school-to-work transition,” said Senator and author of the bill Joel J. Villanueva in a statement on Monday.
Mr. Villanueva, who also chairs the Committee on Labor, Employment and Human Resources Development, added that this bill will benefit around 600,000 graduates annually once it becomes a law.
The first-time Jobseekers Assistance Act was also authored by Juan Edgardo M. Angara, Mary Grace S. Poe-Llamanzares, Joseph Victor G. Ejercito, Maria Lourdes Nancy S. Binay, Antonio F. Trillanes IV, Loren B. Legarda and Leila M. de Lima. The senate committees responsible for preparing the bill are the Committee on Youth; Civil Service, Government Reorganization and Professional Regulation; Ways and Means; and Finance.
Documents needed in order to apply for a job include a Police Clearance Certificate; a National Bureau of Investigation (NBI) clearance; Barangay Clearance; Medical Certificate; a birth certificate, a marriage certificate if applicable; a Tax Identification Number (TIN); and other government documents, which Mr. Villanueva estimated could cost P2,000 for first-time job seekers.
Once the First Time Jobseekers Act is signed, applicants availing of the benefit will be required to submit an affidavit asserting that they are first-time job seekers.
Section 7 of the bill reads, “A first-time job seeker shall only be entitled the benefits provided under this Act only one (1) time within one (1) year from the date of graduation or the leave of absence or enrolment.” — Gillian M. Cortez

Can BIR rulings be declared void ab initio?

Last month, President Rodrigo R. Duterte revoked the amnesty that former president Benigno Aquino III granted to Duterte’s antagonist and critic, Senator Antonio F. Trillanes IV.
Under Section 19, Article VII of the Constitution, the President has the power to “grant amnesty with the concurrence of a majority of all the Members of the Congress.” It may be granted to persons or communities who may be guilty of political offenses, generally before or after the institution of the criminal prosecution and sometimes after conviction.
Through Presidential Proclamation No. 572, Mr. Duterte declared that the amnesty granted to Mr. Trillanes was void ab initio (void from the moment it was issued). The basis for the revocation was that the senator did not comply with the minimum requirements to qualify under the amnesty program. With the amnesty declared void ab initio, the case filed against Mr. Trillanes in relation to his participation in the Oakwood mutiny and the occupation of the Manila Peninsula hotel can be pursued by the government, according to the Department of Justice.
Can the same thing happen to a taxpayer? Let us say a taxpayer secures a favorable ruling from the Commissioner of the Internal Revenue (CIR) on the tax exemption of a transaction it has entered. The CIR confirms the tax exemption and, consequently, the taxpayer never paid tax on the said transaction. Years later, the CIR declares that same ruling void for some reason. A tax assessment follows, demanding deficiency taxes on the same transaction.
Why would the CIR revoke the ruling that they issued in the first place? Does the CIR have the power to revoke rulings? If so, what are the grounds for revocation? Would the revocation be applied retroactively or prospectively? Can the CIR chase the taxpayer who relied on the ruling and assess deficiency taxes? These questions require convincing answers.
Before we dive into the answers, let us first define what is a tax ruling and what is its purpose.
A tax ruling is an official position of the CIR on the inquiries of a taxpayer who requests clarification or confirmation on certain provisions of the Tax Code, other tax laws, or their implementing rules and regulations.
Taxpayers usually request a ruling to seek tax exemptions or ask for confirmation on the proper tax treatment of a transaction, contract, or agreement. Although the ruling is personal to the taxpayer who sought it, taxpayers in a similar situation may also refer to the tax ruling as guidance for the tax treatment of their transactions and seek a similar confirmation.
Rulings also serve as legal references and basis to refute the tax assessment of the CIR. It has been proven many times that, when faced with a tax assessment, rulings issued in favor of the taxpayer can be presented to Bureau of Internal Revenue (BIR) examiners as the basis for cancelling the particular assessment.
If one has a ruling in their favor, does it mean the ruling is permanent, absolute, and conclusive? The power to issue rulings carries with it the power to revoke. While the CIR has the power to interpret tax laws and issue rulings, it alone also has the power and authority to reverse, revoke, and/or modify its previous rulings. In BIR Ruling DA-566-04, dated Nov. 9, 2004, the BIR lengthily and comprehensively stressed that this power is resorted to after a critical and deeper analysis and only upon a clear showing that the law and the facts warrant revocatory action.
Why would the CIR do this? The ruling further explained that there are previous CIR positions that must be made adaptable to present circumstances, and so, must be changed to prevent injustice. When revocation is made, is it often rooted in the doctrine that the government is never estopped from collecting a tax legally due it.
In addition, other grounds for revocation include: when the rulings of the first impression were delegated to and issued by subordinate officials; if upon investigation, it will be disclosed that the facts on which the ruling is based are different, then the ruling shall be considered null and void; and when the interpretation of the executive officers like the CIR is judicially found to be incorrect.
When the CIR’s ruling is revoked or modified, when does the revocation or modification apply? Is it void ab initio?
The general rule is that BIR rulings are not void ab initio. Revocation or modification shall not be given retroactive application if revocation, modification or reversal will be prejudicial to the taxpayers who, in good faith, relied on the ruling prior to its reversal. However, retrospective application is warranted in the following cases: when the taxpayer deliberately misstates or omits material facts from their return or any document required of them by the BIR; where the facts subsequently gathered by the BIR are materially different from the facts on which the ruling is based; or where the taxpayer acted in bad faith.
Though the general rule states no retrospective application, can the CIR chase the taxpayer who relied on the ruling and assess for deficiency taxes? No, except for when any of the three exceptions discussed earlier are present.
Several court decisions have held that the CIR is precluded from adopting a position contrary to one previously taken where injustice would result to the taxpayer. In that case, the court further explained that, if an assessment was made three years after a new BIR circular reversed a previous one, upon which the taxpayer had relied upon, such an assessment was prejudicial to the taxpayer. To rule otherwise would be contrary to the tenets of good faith, equity, and fair play.
Mr. Trillanes’ legal team believes that the declaration by the President alone of the amnesty granted to Senator Trillanes as void is unconstitutional. To them, the President does not have absolute power to void an amnesty previously given. They sought the expert interpretations of the justices of the Supreme Court to shed light on this matter.
In tax law and jurisprudence, however, the rule is clear. The CIR has the sole power to reverse, revoke, and/or modify previous rulings. While the CIR is given this power, the law recompenses and protects the taxpayer from possible adverse effects so as not to prejudice the taxpayer.
 
Nikkolai F. Canceran is a Director of the Tax Advisory and Compliance of P&A Grant Thornton. P&A Grant Thornton is one of the leading audit, tax, advisory, and outsourcing services firms in the Philippines.
Nikkolai.Canceran@ph.gt.com
+63(2) 988-2288.

Draft IRR out on National Transport Policy

By Elijah Joseph C. Tubayan, Reporter
THE National Economic and Development Authority (NEDA) released on Monday the draft implementing rules and regulations (IRR) of the National Transport Policy which aims to modernize the country’s transport network.
NEDA said the framework “promotes a safe, reliable, efficient, integrated, intermodal, affordable, cost-effective, environmentally sustainable, and people-oriented national transport system.”
NEDA said that the country currently lacks an integrated and coordinated transport network among agencies, which results in overlapping and conflicting functions.
Among key features of the measure are the regular assessment of the transport sector, strict enforcement of safety standards, setting clear responsibilities of Local Government Units (LGUs) and the national government on financing, construction, and maintenance of transport facilities, and the integration of traffic-related ordinances across local governments.
The framework also sets guidelines for the formulation of the Philippine Transportation System Master Plan, a database system for transport agencies, integration of land use and transport planning, measures for cost management, an integrated routes and areas of operations network.
It also provides the uniform basis for the setting of fares, the establishment of information technology-enabled collection system, and regular traffic education training.
The draft IRR also provides the establishment of a “seamless, intermodal transport logistics network, tourism, trade and agro-industry convergence programs, and the establishment of a single transport document and single access point and one-stop shop for required transport documentation.
The framework was approved last year by President Rodrigo R. Duterte under the NEDA Board.

A new management structure for agriculture

By many metrics, Philippine agriculture trails its ASEAN peers by a mile. The peers are Indonesia, Malaysia, Thailand and Vietnam.
What metrics? Current levels of farm productivity, long-term productivity growth, crop diversification and agri-food exports. These resulted in the highest level of rural poverty at 30% in 2015 as compared to less than half in Indonesia, Thailand and Vietnam. Malaysia had 1.6% rural poverty!
Every ASEAN country has dominant crops. Rice is common among all. Tree-crops and aquaculture are the others. The commanding difference in farm productivity is not in rice but in tree-crops and aquaculture development. For instance, the average Philippine irrigated rice yield is about 4.3 tons per hectare (ha) versus nearly six tons per ha. for Vietnam, a difference of 30 percent. By contrast, the average yield for rubber is almost three-times and five times for coffee.
Agriculture has many structural challenges. Let us focus on one — management structure.
Comparing management structures, there are similarities and uniqueness.
PHILIPPINES
The country has one Department of Agriculture (DA) (or ministry in other places) for annual crops like rice, long-term crops (like coconut and rubber), high value crops (fruits and vegetables), livestock and fisheries. The Philippines has some 10 million ha. of farmland and over 250 million ha of coastal waters and exclusive economic zone (EEZ), including the nearly two million ha of Benham Rise. And yet, fish is expensive and seafood exports are very low.
INDONESIA
It has two ministries: Ministry of Agriculture, and Ministry of Maritime Affairs and Fisheries. The latter is strategically important due to the country’s archipelagic nature (over 17,500 islands) and having one of the world’s longest coastlines and EEZ (about 600 million ha). For tree-crops, the nucleus-estate out-growers’ schemes have strong private sector engagement with liberal public land leases.
The country has the largest farm area (over 40 million ha) and EEZ in the ASEAN. Tree-crops outsize rice nearly 2:1 The former is dominated by oil palm, coconut, rubber, coffee and cacao (all world players). Rice supplies domestic needs.
MALAYSIA
There are two ministries: the Ministry of Agriculture and Agro-based Industry (MOA), and Ministry of Rural Development. The former covers rice, other short-term crops and fisheries. The latter covers tree-crops under the Federal Land Consolidation and Rehabilitation Authority (FELCRA) and Rubber Industry Smallholders Development Authority (RISDA). The Federal Land Development Authority (FELDA) was transferred to the Prime Minister’s Office by Former Prime Minister Najib Razak for political reasons in 2004.
Malaysia has a farm area of about seven million ha: 6.5 million ha for tree-crops, mainly oil palm and rubber, and 400,000 ha of rice. It imports some 30 percent of local supply. Please note that MOA covers the agro-industry.
THAILAND
It has one big ministry, but its agriculture is globally competitive across many products. Having been to Thailand many times and working as economist in rural roads in my younger days, I see its good career service, great road infrastructure and dedicated research as the big difference, among others. Thailand has invested well in higher agriculture education. Gone are the days when the country sent students to UP Los Baños.
The country has some 20 million ha of physical farm land, but limited EEZ. But a key advantage is that it consists of one land mass that lowers logistics cost.
VIETNAM
The country has the fastest growth in agriculture over decades in the ASEAN. It has also one ministry, the Ministry of Agriculture and Rural Development (MARD). It is a global first in black pepper, cashew and coffee, third in rice and rubber despite being a late comer in the game. It is a global player in shrimp and fish culture.
Similar to Thailand, Vietnam has one land mass. The Government, though, owns all the farm lands and does long-term leases to farmers and agri-processing factories.
Comparing ASEAN Agriculture
WHERE TO, PHILIPPINES?
The DA structure has been practically the same over many decades. At the same time, agriculture performance is poor, and, in turn, rural poverty remains very high relative to ASEAN peers. Today, there are some 18 million rural poor. Most are farmers and fishers, and landless workers.
Madness is doing the same thing over and over again and expecting different results, to paraphrase a quote attributed to Albert Einstein.
It is time for soul-searching. To succeed, the present DA needs a superman and a super team. Unfortunately, with its politically tainted career service, that is an impossible dream.
It is also time to assess the DA and conduct diligence on splitting it into three departments: DA for annual crops, Department of Tree-Crops for perennials like coconut, rubber, coffee, cacao, oil palm, black pepper, etc.; and Department of Fisheries and Aquaculture.
Will this proposal increase the operating costs? Yes and No.
Yes, but the benefit will be greater than the costs as fresh management is injected into the two new departments. No, because partnerships with local governments, peoples’ organizations and state universities can be explored. Technical expertise can also be procured.
A great benefit is focus by each department secretary. The two new secretaries cannot be subjected to rice self-sufficiency issues. Putting in the friendly competition among them will be healthy.
Political economist Fermin Adriano claims: “If Thailand and Vietnam have only one agriculture ministry to manage its agricultural/fisheries sector and still are world-class producers of selected agricultural products, why can’t the Philippines? In other words, it is not in the number of institutions, but I would surmise that it is the manner the organization is organized and the kind of people that the organization has to implement its many programs and projects.
I will go for the splitting of DA into two: one for land and another for the water/fisheries. The concerns of those sectors are uniquely different.”
An LGU leader opined: “A better structure may be best achieved by splitting DA into two DA (for annual crops and livestock) and Department of Fisheries and Aquatic Resources. When separated, each agency structure will be narrowed and become more concentrated on its own banner programs. It may also offer solutions for some concerns: eliminate bias in the department’s leadership in the prioritization of programs and projects, and placement of competent people in key positions.
Worthy to note also is that different regions, provinces and municipalities do not have the same resources as to cropland and aquatic resources for development.”
The government created two departments out of the original Department of Transport and Communications — the Department of Transportation and the Department of Information and Communications Technology — to better address program and project management and implementation. Why can’t the same be done for the more complex and poverty-alleviating DA?
Will two separate agencies do it? What about the unproductive tree-crops group of coconut, coffee, cocoa, rubber and oil palm? Who will shepherd it?
Alfred Chandler, famous business historian, once said, “unless structure follows strategy, inefficiency results.” Quo vadis, agriculture and poverty reduction?
This article reflects the personal opinion of the author and does not reflect the official stand of the Management Association of the Philippines or the MAP.
 
Rolando T. Dy is the Chair of the MAP AgriBusiness and Countryside Development Committee, and the Executive Director of the Center for Food and AgriBusiness of the University of Asia & the Pacific.
map@map.org.ph
rdyster@gmail.com
http://map.org.ph

Palace bares reappointments

MALACAÑANG announced on Monday the reappointments of Special Envoy for International Public Relations Dante A. Ang, chairman emeritus of The Manila Times, and Special Envoy for Intercultural Dialogue and Asia Pacific Economic Cooperation Jose C. De Venecia, Jr., the Ramos-era speaker of the House of Representatives.
Other reappointments include Mr. Duterte’s classmate from the San Beda College of Law, Abdullah D. Mama-o, as his Special Envoy to the State of Kuwait, and Special Envoy to the United Nations Children’s Fund Monica P. Teodoro, wife of former defense secretary Gilbert C. Teodoro.
On Sept. 27, Mr. Duterte signed the appointment paper of National Commission on Muslim Filipinos Commissioner Datu Ras S. Lidasan, Jr. for a term of four years.
Mr. Duterte also appointed Elpidio J. Vega as new Government Corporate Counsel of the Office of the Government Corporate Counsel, Department of Justice.
Mr. Vega is taking over the position of Rudolf Philip B. Jurado whom President Rodrigo R. Duterte fired in May for allegedly allowing the issuance of a 75-year lease agreement with a casino operator and for favoring the Aurora Pacific Economic Zone and Freeport (APECO) in issuing permits outside its jurisdiction.
Mr. Duterte signed Mr. Vega’s appointment paper on Sept. 27. According to a profile on Mr. Vega, he “joined the Office of the Government Corporate Counsel in November 1986 as State Corporate Attorney III and thereafter rose from the ranks until his appointment by President Fidel V. Ramos as Deputy Government Corporate Counsel (DGCC) in March 1998.”
Meanwhile, the Cook Islands is now included in the concurrent jurisdiction of Jesus S. Domingo as Ambassador Extraordinary and Plenipotentiary to New Zealand with concurrent jurisdiction over the Republic of Fiji, the Kingdom of Tonga, and the Independent State of Samoa. Mr. Duterte signed his appointment paper on Sept. 24. — Arjay L. Balinbin

Attempt to revise martial law story backfires

If Bongbong Marcos had hoped to present a revised version of the story of the martial law years by conducting that scripted video interview of Juan Ponce Enrile, he instead provoked an across-the-board retelling of what really happened during that dark period in our history.
“Name me one person that was arrested simply because he criticized President Marcos. None,” said Enrile. His gall to say that, when hundreds of those arrested, tortured, and kept in jail on his watch are still very much around to present themselves as living proofs of the injustice and cruelty of martial law under Bongbong’s father.
Some people say Enrile at 94 is already senile, that he has forgotten what happened 46 years ago for him to tell all those lies. No, his memory is still sharp. He remembers the execution of Lim Seng, a producer and dealer of heroin. If he remembers an obscure incident that took place shortly after military rule was imposed all over the country, I am certain he remembers the arrest of Senator Benigno S. Aquino, Jr., the most vocal and harshest critic of Marcos, one hour after Enrile enforced martial law. After all, the arrest order was signed by Enrile himself.
There were other nationally known personalities who were arrested within the first hour of martial law on Enrile’s order. Among them were Senators Jose W. Diokno and Ramon V. Mitra, Jr., former senator Francisco “Soc” Rodrigo, Manila Times publisher Joaquin “Chino” Roces, Philippines Free Press publisher and editor-in-chief Teodoro M. Locsin, Manila Times columnist Maximo V. Soliven, and journalists and Constitutional Convention delegates Napoleon G. Rama (of the Philippines Free Press) and Jose Mari Velez (anchor of the former ABC Channel 5’s Big News). They were arrested and jailed because they were very critical of Marcos.
Why then did Enrile blatantly tell lies in that video interview? I tend to think he agreed to follow the script given him to please Bongbong. After all, Bongbong’s father placed Enrile in a position of awesome power, enormous privilege, and substantial pelf.
Enrile must have agreed to the staged interview because it was to be conducted by Bongbong, not by a professional broadcast journalist from a mainstream television network. The video is probably meant to form part of the Marcos family memoir, Enrile must have thought. There is really nothing to saying whatever Bongbong wants to hear. If it will please Bongbong and the Marcos family, that is fine with me, Enrile must have told himself.
He may not have known that Bongbong would post the video in social media so soon after the recording. While Enrile has revised twice over the story of his attempted ambush on the night of September 22, 1972, no one can disprove whatever he says about that attempt on his life, as he is the only one who knows what the true story is.
Unlike his claim that no one was arrested and jailed for criticizing Marcos, scores of people who were jailed and tortured came forward to prove his claim was a brazen lie. That totally destroyed his credibility, if he still had some before the production of the video.
It is ironic that the attempt to sanitize the Marcos dictatorship had instead brought back memories of injustice, oppression, deprivation, and fear. They are not fond memories, but they serve as warning of a possible repetition of the imposition of martial rule if we are not vigilant of the methodical removal of the safeguards of our life, liberty, and free exercise of our civil rights.
In February 2013, in observance of the fall of the Marcos dictatorship, President Benigno Aquino III signed into law a bill that declared positively that the Marcos dictatorship committed atrocities against Filipinos. The law creates the Human Rights Violations Victims’ Memorial Commission which ensures that the teaching of martial law atrocities is included in the basic, secondary, and tertiary education curricula.
After five years of searching for an appropriate place for a memorial and museum, the Commission signed a memorandum with the University of the Philippines that allots at least a hectare inside its Diliman campus for the memorial and museum in honor of the thousands of victims of martial law. It is expected to be opened to the public in time for the 50th anniversary of the imposition of martial law in 2022. I hope that starting next year martial law will be commemorated on September 23, not September 21.
Actually, September 21, 1972, a Thursday, was like any ordinary weekday. Business was buzzing, government was functioning normally. Congress and the Constitutional Convention were in session. Schools were open. Newspapers were delivered to homes and sold in the streets. All broadcast stations were airing their regular programs. A protest rally was held at the Plaza Miranda that day.
The following day was no different except maybe at the Asian Institute of Management where I was then a full-time professor. Senator Ninoy Aquino was in school in the afternoon of that day as guest speaker of the graduating class. He drew a large crowd of students, professors, and school staff because the senator was not only the arch critic of President Marcos, he was the presumptive standard-bearer of the opposition Liberal Party in the election scheduled the following year, and the expected winner as Marcos was banned by the 1935 Constitution from running for a third term.
There were as many as 16 military officers in the school that day. They were not there to secure the school or to arrest Senator Aquino. They were there as regular students of the Master in Business Management program of the institute. A number of them would become generals many years after. In fact, one became chief of staff of the Armed Forces and subsequently secretary of Defense. He was Angelo Reyes.
I distinctly remember that speaking engagement of Senator Aquino because I was conducting class in the room next to the hall where he was sharing his vision of “The Philippines After Marcos.” His bodyguards had spilled into the hallways, their high-powered arms distracting my students. After his harangue against Marcos, Dean Gabino Mendoza invited him to the Faculty Lounge. There he told his enthralled audience of professors and student leaders that he didn’t think Marcos would place the country under martial law, not until 1973.
From the institute, Sen. Aquino went to the Hilton Hotel in Manila for a meeting with other senators. There at around midnight he was arrested, at about the same time the other bitter critics of Marcos were being rounded up by METROCOM operatives and media establishments were raided and padlocked by military detachments. Martial law was imposed at dawn of September 23, 1972, not September 21.
 
Oscar P. Lagman, Jr. is a member of Manindigan! a cause-oriented group of businessmen, professionals, and academics.
oplagman@yahoo.com

JBC names shortlisted nominees for SC associate justice

By Vann Marlo M. Villegas
NINE nominees including Court Administrator Jose Midas P. Marquez were shortlisted by the Judicial and Bar Council (JBC) for the position of Supreme Court associate justice, replacing now Ombudsman Samuel R. Martires.
Garnering six votes each are Court of Appeals (CA) justices Japar B. Dimaampao and Ramon D.R. Garcia.
CA justices Manuel M. Barrios, Apolinario D. Bruselas, Jr., and Rosmari D. Carandang received five votes each from the JBC.
With four points each, CA justices Edgardo L. Delos Santos, Ramon Paul L. Hernando, Amy C. Lazaro-Javier, and Mr. Marquez were included in the shortlist.
Mr. Marquez’s nomination, in the course of his JBC interview, was opposed by Davao City Mayor Sara Duterte-Carpio, saying he tried to win her favor by meddling in her disbarment case. He denied the mayor’s claim.
Those who did not make it in the shortlist are CA justices Stephen C. Cruz and Oscar V. Badelles, and Tagum City Judge Virginia D. Tehano-Ang mistakenly applied for chief justice but was disqualified because of a pending case.
Members of the JBC are: Chief Justice and Ex Officio Chairperson Teresita J. Leonardo-De Castro, and Ex Officio members Justice Secretary Menardo I. Guevarra and Sen. Richard J. Gordon. The other members are Jose Catral Mendoza, Maria Milagros N. Fernan-Cayosa, and Toribio E. Ilao, Jr.

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