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You seldom suffer alone

IF anyone were to tell a foreigner that the Philippines is a poor country and Filipinos can hardly afford three meals a day, he’d never believe it if he were to see the eating and drinking places in Manila. They are all full.

I love coming home to Manila. It gives me a chance to relive my Manileño days — from driving like a slalom competitor to engaging in this town’s favorite pastime: eating and drinking. And I hardly ever have to pull out my credit card. Pinoy hosts are the most galante, the most generous in the world.

But in all the rounds of eating and drinking, the conversation invariably revolves around the fact that life in the Philippines is truly hard (Another glass of wine, sir?). And food is so expensive (Pulutan pa. Bring out the lechon). And people are so poverty stricken (How about 18 holes tomorrow?). And most folks can’t afford the basic necessities (Take a look at my latest cellphone).

Across the creek from my house in Parañaque is a squatters’ haven named Creek Drive. I know most of the people who live in the shanties. They’ve been living there since my kids were small (and I’m now a grandfather of their children).

Between what one reads about the pitiful lives of the squatters and the sight of the drinking sessions throughout the week, and the all-night eating, dancing and singing during the annual fiesta, one can get totally confused.

If this is misery, what do they call happiness?

It’s only when you sit back and ponder the situation that you begin to make some sense out of the contradictions.

Eating and drinking are to Filipinos what drugs are to many Americans. A way of forgetting. A way of keeping a straight face and a stiff upper lip in the face of the slings and arrows of outrageous fortune, to paraphrase Hamlet.

Sitting around a table over several cases of beer or bottles of gin or tuba — whichever the funds can afford — and sharing a meal of sardines or chicken or tuyo, and singing and dancing as if there were no cares in the world is the Pinoy’s way of daring the fates to inflict their worst.

Because at the end of it all, he knows he will survive.

He survived the Spaniards, the Americans, the Japanese. He survived Marcos, Aquino, Ramos, Estrada, Arroyo and Aquino Number Two.  He expects to survive Duterte.

The Pinoy doesn’t sulk or sink into the pit of depression. Instead, he eats and drinks while complaining about his miserable existence, managing to enjoy whatever he can of it.

The recent suicide of TV host Anthony Bourdain and that of comedian Robin Williams, a few years ago, left people wondering why those who had so much money and success would want to take their own lives — but they did, reportedly because they had no one to share their griefs with and no one who could help them fight their inner demons.

Could Bourdain and Williams still be alive if they had been successful personalities in the Philippines?

Years ago, in the San Francisco Bay Area, an aging Filipino security guard, despondent over a terminal illness, took the lives of three innocent people and then his own.

Could the tragedy have been averted if he had friends and relatives to run to?

There is every reason to believe so. In the Philippines, you seldom suffer alone. There will always be an ear to bend, a drinking buddy to pour your heartaches out to. There will always be a relative to provide support. A childhood friend to understand your frailties. A barkada to stand by you, right or wrong.

In contrast, in the Western world, one bears the pain alone. For the young, their parents are too busy working to ensure their future, they have little time to attend to the present. On the other hand, adult children are too busy with the rat race to spare some time for their aging parents. For many who are desperate to talk to someone, there is only the TV set in an empty room to bare one’s soul to.

My late mother refused to live in the US in the two instances that we brought her over. Her complaint was that she had no one to talk to. She would be all alone in the house in the daytime because everyone was at work or in school. And at night, we were either too tired or too engrossed with other things.

We finally allowed her to return home to San Miguel, Leyte where she could visit her friends and relatives whenever she wished and where she felt useful raising funds for the church.

In America, you can’t go out and have a barikan or a pa-morning-an any time you want to. It’s not easy rounding up friends or relatives. Work gets in the way of having a good time.

Sure, there are psychiatrists and psychologists, guidance counselors and social workers – but there’s nothing like sitting with friends and family, around a table over drinks and pulutan. There’s nothing like being able to complain how unbearable life is, how corrupt the politicians are, and how rapacious their cronies, and then insulting them aloud and offering a toast to better times.

My elder sister, a practicing surgeon and general medical practitioner, decided to shift to psychiatry when she immigrated to the US. Aside from the high cost of malpractice insurance, psychiatry allowed a more lucrative practice. “More people need a head shrinker here,” she jokingly explained.

For months now, political pundits have been predicting that the Philippines is headed for a revolution ostensibly because of poverty and the high cost of living. But that may not happen soon.

For the Pinoy, even the worst of times are as good a reason as any to eat, drink and be merry. And as long he can still do that, the revolution will have to wait.

 

Greg B. Macabenta is an advertising and communications man shuttling between San Francisco and Manila and providing unique insights on issues from both perspectives.

gregmacabenta@hotmail.com

Nationwide cancer control needs urgent legislative action

IN a show of force by the Philippine cancer patient community, representatives from over 150 cancer patient support groups and network organizations gathered recently to prioritize the passage of the National Integrated Cancer Control Act.
The townhall session was organized by Cancer Coalition Philippines (CCPh), a broad national network of cancer patient support organizations, medical societies, and health advocates.
With almost 110,000 new cancer cases per year and over 66,000 cancer deaths per year in the country, cancer is a public health issue, and there is an urgent need for the government to do something to halt the increasing burden of cancer epidemic.
“Our numbers here in the Philippines translate to around 11 new cases and 7 deaths every hour for adult cancers, and around 11 new cases and 8 deaths per day for childhood cancer,” said Kara Magsanoc-Alikpala, the coalition co-chair.
Worse, Kara added, many more remain uncounted, unrecorded and unreported.
Cancer needs to be prioritized now. According to projections by WHO, cancer cases will increase by 80% by 2030, or even higher in developing countries, like the Philippines. That will really put much strain on our health systems.
Only legislative action can help reverse this upward surge. As Congress resumes session, the Coalition said it is calling on both houses to prioritize the passage of the proposed National Integrated Cancer Control Act.
“A comprehensive national cancer plan is long overdue,” said Dr. Ramon Severino, the coalition co-chair.
“We need more pathologists, we need more oncologists. We have limited nurses trained in oncology. Our cancer centers are mostly located in Metro Manila, and some big cities. When you all add this up, and compare it with the number of cancer cases, then you will see why we need to act now.”
If enacted into law, the proposed National Integrated Cancer Control Act can help address the different gaps in the cancer control program. Crucially, it looks at the phenomenon as a continuum, from prevention, detection, and diagnosis to early and proper treatment, survivorship, and palliative care.
Oliver Calasanz, another coalition member, said cancer survivors are also almost left alone after being declared cancer-free.
“They still need support. Some are left without jobs, and they see the world differently as they become more cautious.”
In the current version of the bill, all legislators are unanimous in wanting to extend PWD benefits to cancer survivors.
“The proper response to this urgent health issue should be an integrated approach,” said Carmen Auste, a coalition member. “Doing so will cover all aspects of cancer care and at the same time be national in scope so that no cancer patient will be left behind.”
Under the bill, a Cancer Assistance Fund (CAF) — a supplemental fund to support the medical and treatment assistance programs for patients — will be created, in response to the financial burden that the disease typically imposes.
“The financial burden can be overwhelming, given that financial risk protection mechanisms are limited and patients often need to shell out money from their own pockets to pay for treatment and other costs,” said Dr. Rachel Rosario, a coalition member.
She added: “There is a high incidence of treatment non-compliance and abandonment due to high out-of-pocket payment in relation to the financial capacity of patients and their families.”
If the bill gets the nod of Congress, a Cancer Care Infrastructure and Service Delivery Network will be set into motion, where Regional Cancer Care Centers will be strengthened or set up, with the capability of making available and accessible, high quality cancer services such as screening, diagnosis, optimal treatment and care, supportive and palliative care, supported by well-trained team with proper equipment.
The regional cancer centers will likewise provide for separate units and facilities for children and adolescents with cancer. The bill will also push for oncology-related academic curricula for higher educational institutions (HEIs).
In the Senate, 16 senators have endorsed the bill, led by Senators JV Ejercito, Sonny Angara, Loren Legarda and Nancy Binay. In the House of Representatives, over 200 members have signed the substitute version of the bill, led by authors Reps. Helen Tan (Quezon), Alfred Vargas (5th Dist QC), Karlo Nograles (1st District Davao), Jericho Nograles, (PBA Partylist), Chiqui Roa Puno (1st District Antipolo City) and Bernadette Herrera-Dy (BH Partylist).
 
Paul Perez is convenor and spokesperson of Cancer Coalition Philippines.

Renewables illusion and coal realism

THE “renewables cheaper than coal, fossil fuels” urban legend continues until today. For instance, three articles published in BusinessWorld recently:
1. Reducing power plant carbon emissions by 70% is doable (Aug. 20) by Roberto Verzola.
2. Rooftop solar could help reduce diesel, coal imports — report (Aug. 21).
3. Low-carbon path (Aug. 27) by Roberto Verzola.
Among the arguments of these and other papers are the following:
1. “Rooftop solar costs P2.50 per kWh without financing expenses, P5.3 per kWh with financing expenses. Utility-scale solar power can cost as little as P2.99 per kWh” (Institute for Energy Economics and Financial Analytics (IEEFA).
2. “Low carbon scenario of 64,280 GWh by 2022, 54.602 GWh by 2030” (Verzola).
3. “Low-carbon scenario limits at most 64,280 GWh (54%) of fossil-based generation by 2022, balance of 53,720 GWh (46%) must be covered by RE (Verzola).

A lot if not all of these numbers and projections are products of delusion and irrationality.
On #1, if solar cost is indeed declining, then why don’t the solar lobbyists and developers simply abandon the high feed-in-tariff (FIT) or guaranteed high price for 20 years, now P10+/kWh? Why not call for drastic reduction of FIT to P4-P5/kWh, even abolish FIT altogether?
On #2, as the Philippines relies more on coal — 38.8% of 72.92 tera-watt hours (TWH) of electricity generation in 2012, up to 49.6% of 94.37 TWH of generation in 2017 — our electricity prices decline. See Meralco rates for instance, weighted average for all customers (residential, commercial, industrial). The rates exclude VAT but include all other non-recoverable taxes and charges.
In addition, we already have 94.37 TWH of power generation in 2017 (75% of which are from fossil fuels coal, natural gas, oil), some guys want us to use just 2/3 of that by 2022, very backward thinking.
On #3, moving away from coal and fossil fuels and embracing renewables like wind/solar has been the goal of many developed countries for the past two decades or more. And yet by 2017, many of them still rely 30% or higher on coal while their RE generation (wind, solar, biomass, geothermal) remains small.
The solar lobbyists also silently demand to cut and murder all tall trees near houses with solar roof and all utility solar farms. Solar hates shades — from clouds, rains and tall trees. It is anti-green.
The bottom line of more renewables cronyism via continued expensive subsidies, mandatory dispatch and related provisions is that whether we have less rain, no rain or more rains; less flood, no flood or more floods, less storms or more storms, we should endure expensive and unstable electricity. We should send more money to the UN, Al Gore, CCC, WWF and Greenpeace, get more climate loans from the WB and ADB. Lousy.
 
Bienvenido S. Oplas, Jr. is president of Minimal Government Thinkers and a fellow of Stratbase — ADRi.
minimalgovernment@gmail.com

Video games and intellectual property

LAST Aug. 26, 2018, the international gaming community watched intently as two of the world’s best DOTA2 teams went head to head for the championship title of The International 2018 (TI8), the biggest annual competition in the e-sports universe. OG emerged victorious, not only earning the respect of millions of players, but also a staggering USD11,227,487.00 as prize money.
Most e-sports, or electronic sports, involve formally organized teams of gamers competing against each other in online or offline video games. Today, playing video games is not just for fun, but has become a legitimate professional career option for avid gamers. Starting out as a mere pastime, video games have developed into a worldwide, multibillion-dollar industry where revenues are no longer limited to just the sale of actual video games but can also come from computers, toys and various other merchandise, and in-game purchases.
While it is true that the fans, players, programmers, video game writers and designers, among others, contribute to the overall success of the video game industry, many often overlook the vital role intellectual property laws play in keeping the industry alive, thriving, and, most importantly, profitable. Without legal protection, video games would probably not have evolved into the multi-faceted, technical, and creative masterpieces we know them to be today, with each video game composed of a source code layered with audiovisual effects, artistic character and environmental design, musical scores, storylines, and unique gameplay, to name a few.
According to Republic Act No. 8293 or the Intellectual Property Code of the Philippines, a copyright protects literary and artistic works from the moment of their creation. As applied to video games, copyright covers the source codes or software, character and environmental design, music, dialogue, and story. This means that these aspects of the game cannot be copied without obtaining the consent of their creators first, otherwise the imitators may be liable for copyright infringement, entailing the payment of damages. Other remedies, such as an injunction, may also be obtained. In the American case of Atari, Inc. (Atari) vs. North America Philips Consumer Electronics Corp. (NAPCEC), Atari acquired the rights to produce Namco’s popular Pac-Man game in its Atari 2600 console. However, NAPCEC, at the same time, developed a game entitled K.C. Munchkin which greatly resembled the Pac-Man game, in terms of gameplay and character design. Atari was eventually able to secure an order from the US Court of Appeals to prevent the release of K.C. Munchkin, with the court siding with Atari that the latter was indeed substantially similar to the Pac-Man game.
The same law also affords protection to owners of trademarks who registered the same with the Intellectual Property Office, subject to certain exceptions under the law. A trademark is defined as any visible sign capable of distinguishing the goods or services of an enterprise. In the realm of video games, a trademark includes the game company’s logo, the game title, and character names, among others. Trademark registration ensures that the goodwill associated with the trademark will not be unlawfully appropriated by another. Anyone found guilty of trademark infringement may be liable for damages, among other penalties. Examples of registered video game trademarks include “XBOX,” “POKÉMON,” and “NBA.”
With regard to video game consoles and its accessories, the law may treat them as patentable inventions, if qualified. A patent is defined as any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable. However, to be protected against infringement, one has to successfully register his invention or design first before anyone else. Further, for game developers, it should be noted that gameplay of a video game can also be patented if they satisfy the criteria under the law. For instance, KOEI Company, the owner of the Dynasty Warriors franchise, a video game available in PlayStation consoles, was able to successfully secure a patent registration for its iconic group battle methodology under US Patent No. 6,729,954.
Truly, without the protection of the law as mentioned above, video game programmers and designers would have no incentive to create new and innovative games; and unscrupulous companies and individuals would brazenly and openly copy whatever video game they desire, effectively deteriorating the quality of games being released into the market. Without intellectual property laws, then TI8, wherein millions of fans worldwide passionately followed their gaming idols, would not have happened.
To TNC and Mineski, who represented the Philippines and bravely fought in the TI8, great job and keep up the good work in inspiring future Filipino professional e-sports athletes to achieve their dream. This year was just not your year, but as they say online, GG.
This article is for general informational and educational purposes only. It is not offered as and does not constitute legal advice or legal opinion.
 
Raymond C. Sanchez, Jr. is an associate of the Intellectual Property Department (IPD) of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).
rjsanchezjr@accralaw.com
830-8000.

Duterte hit by new ICC complaint over drug war

ACTIVISTS AND FAMILIES of eight victims of the Philippines’ “war on drugs” filed a complaint on Tuesday with the International Criminal Court (ICC), a second petition accusing President Rodrigo R. Duterte of murder and crimes against humanity.
The 50-page complaint calls for Mr. Duterte’s indictment over thousands of alleged extrajudicial killings during his crackdown on drugs, which the activists and families said included “brazen” executions by police acting with impunity.
Critics of the campaign were being “persecuted,” they said, and cases filed by victims’ families had gone nowhere. The latest move is led by a network of activists, priests and members of the poor, urban communities that have borne the brunt of a fierce two-year campaign in which police have killed about 4,400 people, causing international alarm.
Human rights groups believe the death toll could be far higher than the one the police give, and accuse law enforcement of summarily executing suspected drug users and small-time dealers, using only cursory intelligence. Police reject that.
Neri Colmenares, a lawyer representing the group, told reporters: “Duterte is personally liable for ordering state police to undertake mass killings.”
Mr. Duterte insists he told police to kill only in self-defence and has lashed out at critics while demonstrating no remorse for the deaths. In a national address last month, he said the drugs war would be remain “relentless and chilling.”
Spokesman Benigno Durana of the Philippine National Police said the only order Mr. Duterte gave to police was “to wage war on drugs and criminality within the bounds of the law.”
The ICC petition, known as a communication, follows a similar complaint filed in April 2017 by a Philippine lawyer and backed by two opposition lawmakers, into which the ICC in February started a preliminary examination.
Presidential spokesman Harry L. Roque, Jr. said the latest petition was “doomed,” because the Philippines’ was no longer covered by the ICC’s Rome Statute.
“That’s not a complaint; that’s a communication because it’s still to be acted upon by the ICC. Procedure is different. Anyone can file a communication. Even the Pope has a communication filed against him. So that doesn’t mean anything,” he added.
Mr. Duterte unilaterally withdrew in March from the ICC’s founding treaty, saying it skirted due process and presumption of his innocence and sought to portray him as a “ruthless and heartless violator of human rights.”
He even threatened to arrest ICC prosecutor Fatou Bensouda if she were to come to the Philippines to investigate him, and said he would convince other countries to follow him in quitting the ICC. It was a stark contrast from the early days of Duterte’s presidency, when he had routinely disparaged the ICC and dared it to go after him, expressing his readiness to go on trial in The Hague and “rot in jail.”
Opposition lawmakers maintain that Mr. Duterte’s withdrawal from the treaty, which takes effect in March 2019, was illegal because it was done without Senate approval. They have challenged it at the Supreme Court but were a no-show at oral arguments on Tuesday.
Kristina Conti, another lawyer backing the complaint, said it had been filed before the ICC because as a serving president, Duterte had immunity from legal action.
The ICC prosecutor’s office did not immediately respond to a request for comment and could not be reached out of normal office hours. main report by Reuters, with Arjay L. Balinbin and Vann Marlo M. Villegas

House approves 100-day maternity leave on 2nd reading

By Charmaine A. Tadalan
THE BILL EXTENDING paid maternity leave to 100 days from the current 60 days has hurdled second reading at the House of Representatives, Tuesday.
Voting viva voce, the House approved House Bill 4113, “The 100-Day Maternity Leave Law,” which will also grant all covered female workers in the government and private sector an additional thirty-day leave without pay.
As the measure provides, women in government offices who are on maternity leave shall receive full pay based on their average weekly or regular wages. This is regardless of the worker’s civil status, and of whether the delivery is normal or by cesarean procedure, which have different maternity periods under the current law.
A woman employed in the private sector shall be “paid her daily maternity benefit… based on the average monthly salary credit.”
The measure also covers women working in the informal economy and also applies to those whose delivery resulted in a miscarriage.
Female workers with pending administrative cases will also continue to enjoy maternity benefits.
The bill was authored by Representatives Emmeline Y. Aglipay-Villar, Francisca L. Castro, Pia S. Cayetano, Emmi A. De Jesus, Linabelle Ruth R. Villarica, and Micaela S. Violago, among others.
The bill’s counterpart, Senate Bill No. 1305, grants a maternity leave of 120 days and an optional 30-day extension. It has been approved on third and final reading.

Opposition leader urges De Castro to stay out of ‘politically charged cases’

THE LEADER of the opposition in the Senate wants Chief Justice Teresita Leonardo De Castro to “inhibit (herself) from politically charged cases, as a way to address “questions, issues, and doubts” on her appointment over the weekend.
Ms. De Castro held her first news conference on Tuesday, taking the occasion to assert her independence and track record in the judiciary.
In his statement on Tuesday, Senate Minority Leader Franklin M. Drilon of the opposition Liberal Party (LP) said: “All questions, issues, and doubts surrounding the appointment of Chief Justice Teresita Leonardo de Castro, particularly with regard to her impartiality, can only be addressed if the newly-appointed chief magistrate refrains from participating in any political case pending before the court.”
“I encourage her to inhibit from politically charged cases in order to uphold the integrity of the decision that the Supreme Court may make during her short tenure,” Mr. Drilon also said.
He added: “I have known Chief Justice de Castro for over two decades and I have known her to be a woman of intelligence and integrity. However, whether she can do as much, set a trend, or influence the Supreme Court, during her five weeks tenure as Chief Justice is something that is difficult to expect given such limitation. What else can she do within her term?”
Pending in the Supreme Court is an electoral protest by Ferdinand R. Marcos, Jr. against Vice-President Maria Leonor G. Robredo, the current LP chairwoman. Malacañang has said President Rodrigo R. Duterte may step down if Mr. Marcos wins his protest case.
In her press conference, Ms. De Castro said in part: “I think they should look at my record,…my long service in the judiciary, and I don’t think that one incident like you mentioned would have been enough for me to be elevated to the highest position of the judiciary.” She was referring to her vote in the quo warranto petition that served to oust her predecessor and mutual critic, Ma. Lourdes P.A. Sereno.
“We should all move on and work together for the good of our judiciary. Let’s put the past behind us, but of course we should not forget the lessons that we learned in the history of the judiciary,” the new chief justice also said.
Ms. De Castro also said, “I would like to inform everyone that up to this time, I have not met the President…I did not approach him whether directly or through anybody. So he appointed me without knowing me personally. So I don’t think that the President will do anything that will impair the independence of the judiciary.”
She added, “We would like to express our appreciation that the President has that strong political will, to see to it that the merit system which is the hallmark of public appointment is followed, and upholding the time-honored tradition seniority in the Supreme Court.”
Regarding the impeachment complaints filed against her and six other Supreme Court justices, Ms. De Castro said, “I have no time to think about it, because you know,…I have very few weeks to work here in the Court, and I don’t want to be distracted by anything else. My schedule is full. I have so many activities set in the coming weeks, I do not wish to be distracted by that.”
“I want the De Castro Court to be remembered as the Court that restored collegiality in the Supreme Court, the Court which was able to institute several reforms in the judicial process. And I think I can do that in such a way that processes in the judiciary become more expeditious, less costly, and more accessible to the general public,” she also said. — with Vann Marlo M. Villegas

Official appointments released for NYC, ERC, other agencies

National Youth Commission (NYC)-Luzon representative Ronald Gian Carlo L. Cardema

APPOINTMENT PAPERS were released for officials in various government offices, including National Youth Commission (NYC)-Luzon representative Ronald Gian Carlo L. Cardema, who will now head the agency for three years. Mr. Cardema, who is more known as head of the Duterte Youth Movement, replaces resigned Cariza R. Sequerra.
ERC
The appointment of lawyer Alexis M. Lumbatan as a board member of the Energy Regulatory Commission has also been made official. Mr. Lumbatan, former member of the Movie and Television Review and Classification Board, will hold the ERC post until July 2025.
PNOC, OTHER AGENCIES
The other appointments are: retired Air Force officer Romeo D. Poquiz as member of the Philippine National Oil Company Board of Directors until June 30, 2019; Antonio T. Kho Jr. as Commission on Elections commissioner until Feb. 2022; Francisco Gil N. Garcia, president of the University of Southern Mindanao, as academic community representative to the Philippine Rice Research Institute Board of Trustees for two years; Myrla B. Paradillo, Luzon representative to the Cooperative Development Authority Board of Administrators for six years; lawyer Kristian Vicente T. Gargantiel as member of the DBP Data Center, Inc. Board of Directors until June 30, 2019; and Maria Luisa I. Belen as director II of the Bureau of Internal Revenue.

Business leaders tackle federalism in forum

By Arjay L. Balinbin, Reporter
BUSINESSMEN on Tuesday raised concerns on the proposed shift to a federal form of government and the tax system under the draft Charter crafted by the Consultative Committee (ConCom) to Review the 1987 Constitution.
Retired chief justice and ConCom head Reynato S. Puno, at a forum in Makati on Tuesday morning, Aug. 28, addressed members of the Management Association of the Philippines (MAP) on the draft constitution for federalism.
In his speech, Mr. Puno stressed that federalism is the practical solution to the country’s “century-old poverty.”
“There may be other solutions to our problems… But certainly, the solution is not the status quo that has continuously cultivated a culture of dependence, a culture of mendicancy in our regions, a culture that continues to impoverish our regions,” he said in part.
The forum panelists were Pepsi-Cola Products Philippines, Inc. independent director Rafael M. Alunan, P&A Grant Thornton chairman and CEO and Finex president Maria Victoria C. Españo, Banco Mexico, Inc. president Victor Y. Lim, Jr., Association of Credit Rating Agencies in Asia secretary-general Santiago F. Dumlao, Jr., Lazaro Bernardo Tiu & Associates managing director Romeo L. Bernardo, and MAP National Issues Committee chairman Eduardo H. Yap as moderator.
Mr. Dumlao questioned the timing of the proposed shift to a federal setup. “Some are saying that we need to understand more the federalism concept that we propose and let us not rush, and that we should wait for the Bangsamoro [Organic] Law to be implemented and see how we can learn out of this similarly federalism approach,” he said.
For his part, Mr. Puno said: “Let us look at the pressing problems of the country. The continuing revolution in the countryside, the continuing threat of terrorism, not just by the MILF (Moro Islamic Liberation Front) but also by the MNLF (Moro National Liberation Front) and other Muslims factions, and the widespread poverty in our country. You are now saying that we now have this Bangsamoro Law. But there’s no assurance that the Bangsamoro Law will be a successful experiment.”
He added that if “we are giving the demands” of the Bangsamoro people, “why should we not give the demands of our regions to minimize our problem on poverty?”
“If I discuss federalism with our poor people, the ultimate question being asked is: ‘What material benefit will I get under federalism?’ In your case, given your superior status in our society, I hope you will not ask that [same] question; rather, I hope that you remember the words of a wise man: ‘I am because we are.’”
For her part, Ms. Españo’s question focused on how the government can ensure that local and national tax systems are harmonized and guarantee that “each region will not define its own tax which may result in double taxation.” She noted as well concerns among businesses on the “consistency of laws and the preservation of the sanctity of contracts” under federalism.
In response, Mr. Puno said: “Tomorrow, we shall be meeting with the [President’s] economic managers, (Finance Secretary) Sonny (G.) Dominguez III, (Socioeconomic Planning Secretary Ernesto M.) Pernia, and others.”
“I am confident that we shall be able to find the correct fiscal formula….I am suggesting, perhaps, we can go forward if there will be a….flexible fiscal formula,” Mr. Puno also said.
A flexible fiscal formula, according to Mr. Puno, “will be determined by an intergovernmental council, which is composed of representatives from the executive, from the legislature, and from the council of the governors.”
He said the flexible fiscal formula he is suggesting “is flexible in the sense that the formula can be reviewed and the council can tilt it in favor of the federal government.”
“I am confident that the lack of agreement with respect to the fiscal formula can be subject to compromise,” Mr. Puno added.
Sought for comment, Mr. Yap said Mr. Puno “presented a strong case” in favor of federalism.
“At the end of the day, it will depend on Congress,” Mr. Yap added, regarding whether Charter change will push through.
“As Justice Puno said, abolishing the political dynasty is key to him. Now, in our assessment, it looks like the political dynasties are very much well-entrenched in Congress. So, the likelihood of that happening is dim,” he also said.
Mr. Yap said MAP will be conducting another forum on federalism on Sept. 11. “The next forum that we are going to have will be on the contra-arguments….So, this is very serious and we want to learn more. At this point, if you ask me, it’s premature to render an opinion. This is a very complex issue, very fundamental and transformational. We need to listen and learn more.”

Drilon: Carpio’s appointment as next chief justice still possible

SENATE Minority Leader Franklin M. Drilon, in a statement on Tuesday, said it was still possible for Senior Associate Justice Antonio T. Carpio to be nominated as the next chief justice after the retirement of Chief Justice Teresita de Castro in October.
“The President has announced that Justice Teresita de Castro is appointed Chief Justice with her seniority as a principal and major consideration. That could be a good indication for Senior Associate Justice Antonio Carpio to be the next Chief Justice,” Mr. Drilon said in his statement.
He noted that Mr. Carpio “declined the nomination for the vacancy created by the removal (by quo warranto) of (Maria Lourdes P.A.) Sereno because he did not want to benefit from the removal of Sereno, which he has opposed.”
 
“But Carpio’s reason for declining any nomination for chief justice is no longer applicable today, because the vacancy that will be created next is by reason of de Castro’s retirement – not the removal of Sereno,” Mr. Drilon said. 
He added: “Contrary to news reports that the President has shut the door for a possible Carpio-led Supreme Court once the newly-appointed Chief Justice retires in October, I read the President’s statement to mean that, he respects Carpio’s refusal to be nominated as Chief Justice for the vacancy created by the removal of Ma. Lourdes Sereno.” 
 
“Unless I am wrong, the President did not close the door to future nominations of Carpio as next Chief Justice. In fact, the President’s statement that seniority is his major and principal consideration in appointing individuals to the government boosts Carpio’s chance of becoming the next chief justice.”
“Hence, I urge the most senior associate justice of the Supreme Court, Justice Carpio, to reconsider his stand and heed the call for him to apply as a successor of de Castro. I urge him to apply as the next chief justice.”

Maritime law enforcers from 7 nations join SEACAT

REPRESENTATIVES FROM seven countries are participating in the SEACAT (Southeast Asia Cooperation And Training) Exercise’s boarding workshop, ongoing from Aug. 27-31 at the Philippine Coast Guard (PCG) Surface Support Force in South Harbor, Manila. The PCG, which is hosting the SEACAT for the second time, said the exercises are intended to address common concerns on maritime security threats in the ASEAN region such as illegal fishing, smuggling, illegal drug and human trafficking. The 100 participants come from the PCG, Philippine Navy, Royal Brunei Navy, Royal Singapore Navy, Royal Thai Navy, Indonesian Maritime Security Agency, Indonesian Navy-Komando Armanda I, Royal Malaysia Police, Malaysia Maritime Enforcement Agency, and Thailand Maritime Enforcement Coordinating Center. The training will be concluded by a sea phase activity in Philippine waters, one in Subic, Zambales in the west and at the Sulu Sea in the south.

7 Boracay entrepreneurs get loan from SB Corp.

THE GOVERNMENT-run Small Business Corp. (SB Corp.) announced yesterday that it has started releasing loans to micro enterprises affected by the six-month shutdown of resort island Boracay, more than four months since the closure started on April 26. In a statement, the Department of Trade and Industry’s loan arm said the initial released funds were distributed to seven entrepreneurs who each received P30,000 through the Pondo sa Pagbabago at Pag-asenso (P3) program. The P3 is intended to support micro entrepreneurs by providing affordable, low cost and easy-to-pay loans to help them expand their businesses. Loan payment terms vary from monthly to semi-monthly over a period of six months to one year, depending on the borrower’s financial capacity. “Helping the people of Boracay Island and local tourism during this period means ensuring their micro entrepreneurs have access to available funds to support their businesses,” Trade Secretary Ramon M. Lopez said in the statement. — Janina C. Lim