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Mayor in narco-list survives ambush

A PHILIPPINE mayor accused of involvement in narcotics trafficking survived an ambush on Sunday, police said, four months after President Rodrigo R. Duterte publicly threatened to kill him.
Retired police chief superintendent Vicente A. Loot, mayor of Daanbantayan in northern Cebu, had been repeatedly named by Mr. Duterte as one of the so-called “narco-generals” protecting the illegal drug trade.
Mr. Loot on Sunday was on a roll-on/roll-off boat arriving with his family at the Maya Port when unidentified gunmen opened fire and wounded four people, including the mayor’s two drivers and househelp, police said.
The mayor was unhurt.
“We are looking at all possible motives and angles, including his being tagged in the narco-list, politics, or his previous work in the police force,” acting town police chief Senior Inspector Irish M. Dilem told AFP.
Mr. Loot told radio DZMM he was urging authorities to investigate the incident but refused to speculate on the motive. He denies links to drugs
Mr. Duterte first named Mr. Loot in 2016 as part of his so-called “drug list” of local officials, policemen and judges whom he accused of involvement in narcotics trafficking.
Three other mayors on the list have since been shot dead, one of them while inside a jail cell.
Mr. Duterte had lashed out at Mr. Loot as he questioned the source of the mayor’s wealth. In December 2017, he recounted a conversation he said he had with the official.
“Did I not tell you during my meeting with (mayors), I told Loot, ‘You son of a whore. General Loot, you are a general. I will kill you.’ Because (he) used government for wrongdoing,” Mr. Duterte said during a disaster briefing.
Mr. Duterte’s spokesman did not immediately respond to requests for comment on Sunday’s ambush, which came on the eve of local elections on Monday and two weeks after authorities released a list of over 200 elected village officials with alleged links to drugs.
Rights groups criticized the issuance of what they called a potential “hit list.” — AFP with reports from The Freeman

Hot lines for village and youth polls activated


VOTERS in today’s barangay and Sangguniang Kabataan elections can text or call in their concerns, complaints and other feedback to several hot lines set up by the Commission on Elections (Comelec) and volunteer groups. The Legal Network for Truthful Elections (Lente) — a nationwide group of lawyers, law students, paralegals and other trained volunteers — have partnered with the Teachers’ Dignity Coalition (TDC) for joint monitoring from May 13-15. TDC-Lente, in a press statement, said this election “will be very significant because this is the first time that the law allowing the voluntary service of public school teachers will be implemented and tested.”

La Union court sentences human trafficker to life imprisonment

THE SAN Fernando City Regional Trial Court (RTC) Branch 30, in a resolution dated March 5 and released to media on May 8, has sentenced human trafficker Sheryl L. Lim to life imprisonment and ordered her to pay a fine of P2 million in connection with the sexual exploitation of two women and four minors in La Union. The resolution, penned by judge Alpino P. Florendo, said Ms. Lim was found “guilty beyond reasonable doubt of the crime of Qualified Trafficking in Persons,” in violation of Republic Act (RA) No. 9208 or the Anti-Trafficking in Persons Act of 2003, as amended by RA 10364 or the Expanded Anti-Trafficking in Persons Act of 2012. She was also ordered to pay P500,000 in moral damages and P100,000 in exemplary damages to each of the six victims. The Justice Department, in a statement, said the victims claimed they were hired as waitresses but were instead forced to engage in sexual activities with customers. — Dane Angelo M. Enerio

Justice chief condemns attack on city prosecutor

THE DEPARTMENT of Justice (DoJ) issued several statements over the weekend condemning the murder of Quezon City Assistant City Prosecutor Rogelio A. Velasco by still unidentified motorcycle-riding assailants on Friday, May 11. “We condemn the attack. We will not stop till we bring these murderers to justice,” Justice Secretary Menardo I. Guevarra told BusinessWorld in a text message when sought for comment. “I have instructed the NBI (National Bureau of Investigation) to conduct a parallel investigation with the police,” he said. According to a police report, Mr. Velasco was in his car with his daughter near a supermarket in Barangay Holy Spirit, Quezon City when several unidentified gunmen shot him through the window. He was declared dead on arrival at the hospital. Prosecutor General Jorge G. Catalan of the DoJ’s National Prosecution Service (NPS), in a statement on Saturday, said, “the NPS (continues) to mourn and will remain steadfast in the call for a thorough investigation so that justice is expeditiously served” and that “we shall not cower in fear in this time of threat, intimidation, and uncertainty.” He added, ”We shall continue to uphold the rule of law at any cost despite the apparent risks and dangers involved.” — Dane Angelo M. Enerio

Surigao City hosts 1st Surigao International Dragon Boat Summer Festival

MORE THAN 20 local and foreign teams have registered for the 1st Surigao International Dragon Boat Summer Festival on May 25-27, with the race set on May 26. Participants from Canada, China, Hong Kong, Malaysia, and different parts of the country will execute their synchronized paddling skills through a 200-meter race course along the Surigao City Boulevard. The event is for small boat-mixed crew teams with 16 members composed of one drummer, one helm, 10 paddlers, two reserve paddlers, a team coach, and a team manager. The local government, in partnership with the tourism and business sectors, is providing cash prizes, accommodations and other incentives to participants as part of its campaign to attract more visitors to the city. — Mindanao Bureau

Community opposes planned sanitary landfill

A GROUP of residents in Barangay Janipa-an West in Mina, Iloilo have expressed opposition to the planned sanitary landfill in their village. In a petition letter, they have asked Gov. Arthur D. Defensor Sr. to step in and evaluate the project, which they claim “will bring harm more than benefits.” They said while the landfill operations would be a source of local income, it would also result to air and groundwater pollution, affect soil fertility, and could cause health problems. Mr. Defensor said any environmental project should take into consideration public acceptance. “Social acceptance is crucial to the approval of any environmental project,” he said. Mina Mayor Rey P. Grabato, in a letter posted on the town’s official Facebook page, said the proposed Sanitary Landfill and Eco-Park Project is an initiative of and will be funded by the Department of Environment and Natural Resources (DENR). A copy of the petition letter was sent to the DENR. Mr. Grabato also said the project is intended to address the town’s waste management issues. He further clarified that the project is still a proposal and will still be subject to a feasibility study and planning. — Louine Hope U. Conserva

Keep the TRAIN on track

Policy reforms, and reform in general, are always difficult pills to swallow. Any doctor will tell you to complete the full course of antibiotics to address an infection. Likewise, a reform process that is halted mid-way is not much of a reform at all. So when some lawmakers recently called for the brakes on the Tax Reform for Acceleration and Inclusion or the TRAIN law over concerns that it was pushing inflation higher, it begs the question, why so soon when the law is just 5 months old?
The answer, these lawmakers say, is because the prices of basic commodities are rising, imposing an added burden on the public — primarily the poor who spend most of their money on basic needs such as canned sardines and rice. Politicians are, after all, only human and are affected by high food prices just like the rest of us — although maybe to a much lesser degree. They easily blame the TRAIN law for the spike in prices.
But is TRAIN the main culprit and its suspension the right solution to meeting the inflation target?
In a Senate hearing on inflation held on May 10, high-level representatives from the DoF, DTI, and NEDA, and the deputy governor of the BSP echoed the consensus that the TRAIN law accounted for only 0.4% of the 4.1% headline inflation rate for the first four months. In contrast, the rise in global oil prices, limited stocks of fish and corn, and higher rice prices had a bigger impact on inflation than TRAIN. To be certain, the excise tax on oil and petroleum products, sugar, and tobacco put some pressure on the prices of other goods, but the DTI says this is minimal.
In other words, while TRAIN had contributed to the rise in prices, other factors have played a more significant role. TRAIN’s impact on inflation is, in fact, as expected, but some external and internal events, which could not have been predicted last year, pulled up the figures.
However, there is definitely more that the government, and our lawmakers, can do to assuage the concerns of ordinary Filipinos about inflation.
First is to educate the public about the causes of inflation and not to be alarmist in doing so. Inflation is not always a bad thing. With growth and the government’s expansionary programs, higher inflation inevitably follows. The bigger take-home pay and stronger purchasing power of households due to the income tax cut under TRAIN could have also contributed to the uptick in prices.
Second is to take steps to address inflationary pressures where it matters most and mitigate the impact on the poor.
According to the survey of PSA, the year-on-year inflation rate of rice increased to 4.3% in April from 3.6% in March.
If Congress removes the quantitative restrictions (QR) on rice imports and replaces it with a tariff, this would increase the supply of rice in the market and lower prices. This could slice inflation by up to 1 percentage point, according to BSP estimates. Tariffication has also the added benefit of generating much needed revenue for the government.
At the Senate hearing, the rising global price of oil was also raised as a concern.
Fortunately, the TRAIN law already has a safeguard in place — the suspension of the excise tax on petroleum if Dubai crude oil hits a high $80 a barrel. The global market price (versus the inflation target, as proposed by some lawmakers) is the more appropriate trigger for the postponement of the excise tax since it is not within the government’s control.
Of course, the proposal to include additional safeguards is welcome, but our lawmakers must be keen in making sure that it will not affect TRAIN’s beneficial provisions like the higher take-home pay and cash transfers, which empower households, and higher taxes on sugar and sin products, which protect the health of Filipinos. This would be like throwing out the baby with the bathwater. The revenue from the excise taxes, by the way, also goes to funding social protection programs.
If our lawmakers want to make sure that the poor are protected from the adverse impact of inflation, then they must exercise greater oversight and push for the full and timely implementation of the unconditional cash transfer program (UCT) and not call for proposals that will cut funding for its implementation (Note: UCT funding is earmarked from the petroleum excise tax). The DSWD needs to step up its game to rapidly deliver the monthly P200-cash transfer to over 10 million households as mandated by the TRAIN law.
It is too early to tell what definitive impact this infant law will have on inflation and our economy.
With current inflation expected to taper off in the second semester, the yearend target of 2-4% is still achievable.
Insofar as the consensus among the executive agencies, the BSP, and other economists is that inflation is low and manageable, suspending the TRAIN now is an overreaction and may even cause more harm by increasing the fiscal deficit and delaying much needed infrastructure and public services.
Too often the easiest way out of a problem is to do nothing. We need to be vigilant but stay on track to finish this journey of reform that has only just begun.
 
Zak Yuson is the government and private sector liaison of the Action for Economic Reforms’ fiscal policy team. He is a graduate of the Lee Kuan Yew School of Public Policy.

War in the West Philippine Sea

Last year, former White House chief strategist, Steve Bannon, went on record with this statement: “The United States is certain to go to war versus China within the next 10 years.” The statement was said in reaction to China’s militarization of the West Philippine Sea and its relentless grab of territories belonging to other sovereign nations.
China justifies its unlawful actions by invoking a historic claim of the waters west of the Philippines. The claim, demarcated by what China calls a nine-dash line, is based on a historic map first published in 1947. In actuality, the nine-dash line is a vague, disjointed delineation which experts say was conjured without rhyme or reason. It encompasses practically the entire West Philippine sea including the Spratlys, Scarborough Shoal, and the Paracel islands.
Interestingly, China has never made an official claim for the territory before the International Tribunal for the Laws of the Sea (ITLOS), as most claimants must do. Instead, it simply grabbed the territories from the sovereign nations who have pending claims over parts of seas. The claimants include the Philippines, Vietnam, Taiwan, Malaysia and Brunei.
China is a signatory to the 1994 United Nation’s convention of the Laws of the Seas. As such, the emerging superpower, along with 120 nations, have agreed that waters and islands within 200 nautical miles from the shores of a particular nation forms part of its domain or Exclusive Economic Zone (EEZ). Areas not belonging to any nation’s EEZ is regarded as “International Waters” and as such, are governed by United Nations Maritime Laws.
The Scarborough Shoal is a mere 120 nautical miles away from Zambales while it is more than 500 nautical miles away from China. Yet, China claims it as part of its own EEZ in blatant defiance of the UN accord. The Philippines filed a protest before the United Nations Permanent Court of Arbitration in the Hague.
In 2016, the tribunal ruled in the Philippine’s favor saying that China’s nine-dash line is invalid. It further ruled that China has no legal claim over Philippine EEZ and that it had behaved unlawfully.
China has ignored the legal ruling of the Permanent Court.
In a statement, it said that it rejects arbitration and will continue to assert its historical claims over the territories even if it defies international laws. China’s actions are akin to a bully who grabs what it wants simply because it can.
The nine-dash line is a preposterous claim by any account. If it is to be given credence, then Italy can also claim the entire continent of Europe. But China has an “empire mentality” with expansionist ambitions. The West Philippine sea is crucial to its plan, both for expansion and intent to control international trade.
The militarization of the area is in its advanced stage.
In 2013, China began dredging the seafloor to build artificial islands on the disputed area. It destroyed 1.2 square kilometers of protected coral reefs in the process.
By 2015, a three-kilometer runway appeared on Fiery Cross Reefs. More runways are apparently being built in Subi and Mischief Reefs along with a berthing dock for large naval vessels. Military grade radars were erected in Cuarteron, Gaven, Johnson, and Hughes Reefs. This will enable China to monitor air and sea traffic in any point of the waters.
On Woody island, two battalions of missile fighter aircrafts were spotted. This is also where the fuel depot is located. The fuel farm is operated by Sinopec.
Despite satellite images showing proof positive that China is building naval and areal military bases, China still maintains that it is not constructing anything militaristic in nature.
Not satisfied with what it has already taken, China continues to annex more and more islets in the disputed area using what it calls the “Cabbage Strategy.” The strategy involves surrounding islands with as much ships as possible to seal it off from food, water, and other supplies. Sooner or later, inhabitants abandon the island leaving it free for China to take over.
In a worrying turn of events, China as recently (and conveniently) expanded its nine-dash line to a 10-dash line, now encompasses Taiwan. This has added to the tension in the region.
MOTIVATIONS
Why does China covet the West Philippine Sea?
The obvious reason is for its natural resources. Beneath the disputed area is an estimated 11 billion barrels of oil, 190 trillion feet of natural gas, and 10% of the world’s fishing resources.
West Philippine Sea
The second reason is to further expand its territory using the “continuous annex strategy.” See, the more islands China claims as its own, the more it can invoke ITLOS laws to further annex another 200 kilometers of EEZ.
The third reason is insidious.
The West Philippine Sea is where one-third of world trade (valued at $5 trillion) passes through. It is the channel by which 2.2 billion consumers can be accessed. To control the West Philippine Sea is to control global trade.
Many speculate that once China has fully militarized the area, it will be in the position to require all ocean vessels and aircrafts to obtain prior clearance before it can be allowed passage. They may even charge a toll like they do in the Panama Canal. In short, freedom of passage will no longer be a free right in the West Philippine Sea. This will give China unprecedented control over the flow of goods and people in the most populous region in the world.
CONSEQUENCES AND TENSIONS
China’s actions will bring forth tremendous consequences to the United States and the global community.
For the US, the loss of its right to passage in the disputed area will weaken its economic, political, and military sway in the Pacific Rim. It is the last nail in the proverbial coffin that will make it cede its status as the world’s lone superpower.
As for the EU, Australia, and the rest of the Americas, their free access to the largest markets in the world will be subject to Chinese “approval” and control.
For countries like the Philippines, Taiwan, Vietnam and Brunei — not only do we stand to lose our rights to the resources of the West Philippine Sea, we also lose our right to free navigation within our own waters. Worse, we bear the risk of increased territory grabs by China, even in our mainland. In fact, a Chinese newspaper recently published a story saying that parts of Palawan, while inhabited by Filipinos, are inevitable targets for Chinese invasion.
All these have caused tensions to escalate. War is in the air and nations are preparing for it.
The Unites States is intensifying its patrol over the disputed seas using sea-lanes 12 nautical miles from anyone’s sovereign territory. This is known as “innocent passage.” Missile destroyers have been deployed and B1 Bombers are on standby in Australia. American military presence is meant to send a mitigating signal to China.
Joint military exercises between the US and Japan and the US and the Philippines are ongoing. Japan is said to have B22 fighter jets deployed in strategic bases in case the situation escalates.
Vietnam has prepared for the eventuality by acquiring six Russian-made submarines. Each submarine is armed with 50 missiles that can travel below the radar horizon. Singapore, Malaysia, and Indonesia are accelerating their respective arming programs as well.
For its part, India is closely monitoring the situation and has set-up several satellite observatories, a number of them are located in Vietnam.
China is testing how far it can go. It has recently threatened to declare an Air Identification Zone over the waters wherein all aircrafts flying over the airspace must first obtain Chinese permission. Clearly, its plan to control all movements within the West Philippine Sea is well in motion.
How is the Philippine government preparing for this? Government officials insists that there is a strategic reason why Malacañang plays footsies with China, why it soft-pedals on our sovereign claims and why it has allowed the Chinese to have their way over our shoals and islets.
I reckon government is trying to get as much concession as it can from China, considering our incapacity to fend them off, head to head.
On the other hand, it relies on the 1951 Mutual Defense Treaty between the Philippines and the United States in case an all out invasion breaks out. We have also fortified our air force with Brazilian-made A29 fighter jets and Korean-made FA-50PH fighter jets to enable us to mount a credible defense.
As it stands, the Philippines is not prepared for war. I don’t think any of the other ASEAN nations are prepared for it either. I think we should all be doing more to arrest China’s diabolical intentions.
In the meantime, responsible heads of households and leaders of corporations must set-up their own contingencies to prepare for the worst-case scenario.
 
Andrew J. Masigan is an economist.

Quo vadis post Quo Warranto

Perhaps “quo warranto” will now be recalled by the name Maria Lourdes Sereno, the first Chief Justice removed from office by it. The Office of the Solicitor General (OSG) filed a petition for quo warranto dated March 2, questioning Chief Justice Ma. Lourdes Sereno’s qualifications for the top judicial post (ABS-CBN News, May 11, 2018). “This is a petition for quo warranto under Section 5(1), Article VIII of the 1987 Constitution and Rule 66 of the Rules of Court seeking the ouster of Respondent as Chief Justice of the Supreme Court of the Republic of the Philippines,” Solicitor General Jose Calida said (Ibid.)
“The Solicitor General is not asking the court (SC) to remove respondent for impeachable offenses under Section 2, Article XI (Accountability of Public Officers) of the 1987 Constitution: it is not the concern of the petition. Instead, the Solicitor General has good reason to believe that respondent has no authority to occupy the esteemed office of the Chief Justice of the Republic of the Philippines: she had not shown that she possessed proven integrity, an indispensable qualification for appointment to the Judiciary pursuant to Section 7(3), Article VIII of the 1987 Constitution,” the OSG said (Ibid.).
I was the one who told SG Calida that, Atty. Eligio Mallari claims (“Suspended lawyer offers quick way to oust Sereno,” Inquirer.net, Feb. 21, 2018). Mallari’s letter to Calida noted that SC Associate Justices Diosdado Peralta and Teresita Leonardo-De Castro have raised the legality of Sereno’s appointment as Chief Justice during a hearing at the House of Representatives to determine probable cause in the impeachment case against Sereno. The two Justices cited Sereno’s alleged failure to submit a complete set of Statements of Assets, Liabilities, and Net Worth (SALN) when she applied for the Chief Justice position in 2012 (Ibid). “Any lawyer worth his salt would tell you that Sereno’s title to the office could be tried in a quo warranto proceedings (that) may be instituted either by the person who claims to be entitled to the office or by the Republic of the Philippines represented by the Solicitor General or a public prosecutor,” Mallari claimed (Ibid.).
As a vital aside on lawyers’ integrity: in February, Mallari was suspended as lawyer for two years by the Supreme Court for violation of two canons in the Lawyers’ Oath pertaining to candor, fairness, good faith to the court, and to the speedy administration of justice; and the breach of three rules in the Code of Professional Responsibility, which each bind lawyers to observe rules of procedure, refrain from filing multiple actions from the same cause, and not to unduly delay a case. Mallari has not paid the GSIS for unsettled property loans and has sued the GSIS as “dilatory” tactics (gmanewsnetwork.com, Feb. 9, 2018).
And so the Solicitor General filed the (in)famous quo warranto petition against Sereno. “Nullum tempus occurs regi (no time runs against the king,)” Calida said. “The maximum prescription of one year to file quo warranto in Section 11, Rule 66 of the Rules of Court does not apply to the state, does not apply in cases initiated by the Republic/government (“Primer”, op. cit.).” When she applied for the top judicial post in 2012, Sereno submitted only 3 SALNs for 2009, 2010, and 2011 when the Judicial and Bar Council required the submission of all SALNs of an applicant in government service for the previous 10 years prior to application. (Ibid.). But the JBC itself had cleared Sereno of all requirements in her 2012 application.
“We have been taught in the College of Law that the Constitution provides only one means to remove a sitting Chief Justice. That is by impeachment by the House of Representatives and conviction after trial in the Senate. Any other means would be unconstitutional,” said a manifesto by lawyers, deans and faculty of law schools led by Retired Court of Appeals Justice Hector Hofileña and former solicitor general Florin Hilbay (philstar.com, May 10, 2018). The lawyers’ group warned that “if the SC will allow the removal of an impeachable officer through a quo warranto petition, it will expose those involved to the same vicious cycle of extrajudicial removal process which will subvert the constitutional check and balance and endanger judicial independence… the high tribunal should allow the impeachment process to run its course as the Constitution dictates (Ibid.).”
Yet on May 11, the Supreme Court en banc on a voting of 8-6 granted the OSG petition for quo warranto and ordered the “immediately executory” ouster of Sereno as chief justice (philstar.com, May 11, 2018).
Sereno was not the only official in a Rodrigo Duterte-led government facing threats of removal from office. Vice-President Leni Robredo, Ombudsman Conchita Carpio Morales, Commission on Human Rights chief Chito Gascon and (up to last year) Comelec Chairperson Andres Bautista dealt with calls for resignation and impeachment (philstar.com Sept, 7, 2018). Bautista has since resigned under extreme threat of impeachment, also about his SALN and unexplained wealth (gmanetwork.com, Oct. 25, 2017).
For political analyst Ramon Casiple, the move to impeach Sereno has a “very heavy political context… Many are out for her blood […] [It] is very political, not based on evidence alone [and] not based on specific violations of whatever rules they are citing,” Casiple said on ANC’s “Early Edition (philstar.com, Sept. 6, 2017).”
Associate Justice Marvic Leonen says the ouster of Chief Justice Maria Lourdes Sereno through a quo warranto petition is “a legal abomination.” He also said the decision has rendered the Supreme Court “subservient to an aggressive Solicitor General” with “awesome powers” and “unnecessarily vulnerable to powerful interests (Rappler.com, May 11, 2018).”
Constitutional Law professor Dan Gatmaytan likened the situation to the Marcos period when the Supreme Court was accused of enabling a dictatorship (Ibid.).
Quo vadis, post quo warranto. Where do we go from here?
 
Amelia H. C. Ylagan is a Doctor of Business Administration from the University of the Philippines.
ahcylagan@yahoo.com

Renewable portfolio standards help usher in new era of RE dev’t

By Jose M. Layug, Jr.
ON Dec. 22, 2017, Department of Energy (DoE) signed the landmark Department Circular No. 2017-12-0015 promulgating the “Rules and Guidelines Governing the Establishment of the Renewable Portfolio Standards RPS for On-Grid Areas” or the “RPS On-Grid Rules.”
The RPS On-Grid Rules marks an elementary shift in energy policy by the DoE from the previous race-to-the-finish feed-in tariff (FiT) eligibility program to a more calculated system that seeks to further scale up the utilization of indigenous renewable energy resources in the Philippines. Impelled by its desire to grow the country’s renewable energy sector, the National Renewable Energy Board set a mission to complete the draft RPS rules in 2017 through various public consultations that served as basis for the DoE to finally issue the RPS On-Grid Rules.
A REVISIT OF SUCCESS AND HURDLES
As early as the 1970s, the Philippines recognized that importance of renewable energy as a countermeasure to the rising oil prices in the world market. Where once it was heavily reliant on imported fossil fuels to meet its power requirements, the Philippines became the second largest producer of geothermal energy.
With fragmented pieces of executive issuances, the Philippines also successfully tapped its water resources to build large hydro dams and mini-hydro power plants. Decades later, with the passage of Republic Act No. 9513, known as the “Renewable Energy Act of 2008” or “RE Law,” the Philippines achieved more milestones in renewable energy development becoming the largest producer of wind and solar energy in Southeast Asia.
The Philippines provided the first blueprint and model for its neighbors with the release of the National Renewable Energy Program (NREP) in May 2011 as a component part of the RE Law. The NREP represents the government’s unbending covenant to carve out a clear direction towards the development of emerging technologies in the renewable energy fields. The NREP provides the guidepost that puts premium to climate protection policies and secures renewable energy supply for an endless period of time. The NREP served as the government’s commitment to increase renewable energy capacities to achieve legitimate ends of sustainable development.
To implement NREP, the DoE aggressively pursued the award of renewable energy service contracts to various developers and approved two mechanisms: the FiT system and the Net-Metering Program in 2012.
While many overwhelmingly responded to DoE’s call for aggressive development of the country’s green resources, risks, threats and challenges attended the roll out of the FiT system.
THE RPS PRINCIPLES AND CALCULATIONS
The RPS On-Grid Rules mandates all electric power industry participants, including distribution utilities for their captive customers, suppliers of electricity for contestable market, generating companies to the extent of their actual supply to their directly connected customers, to source or produce a specified portion of their electricity requirements from eligible renewable energy resources including biomass, geothermal, solar, hydro, ocean, and wind.
The RPS On-Grid Rules establishes a minimum annual RPS requirement and minimum annual incremental percentage of electricity sold by each mandated participant which shall, in no case, be less than one percent of such mandated participant’s annual energy demand over the next 10 years.
Together with the other instruments provided in the RE Law, the RPS On-Grid Rules seeks to achieve an aspirational target of 35% for renewable energy in the generation mix expressed in megawatt hours (MWh) by 2030 subject to review and assessment by the DoE.
As illustration, a distribution utility calculates its expected net electricity sales for 2018 as 100,000 MWh, which serves as its baseline year. The distribution utility then computes its net electricity sales for 2019 and succeeding years at a certain assumed expected growth rate, e.g., 3%. Hence, its projected net electricity sales will be 103,000 MWh for 2019, 106,090 for 2020, 109,272 MWh for 2021, 112,500 MWh for 2022 and so on.
Using the formula provided in the RPS On-Grid Rules and the annual incremental requirement of 1%, the distribution utility then tabulates its annual RPS requirement for 2020 by multiplying 100,000 MWh (the base year) with 3% (the assumed expected annual growth rate) and 1% (the minimum annual RPS requirement) or equivalent to 4,000 MWh of renewable energy or 4,000 renewable energy certificates.
Doing the same exercise, the RPS requirement of the distribution utility for 2021 is obtained by multiplying 106,090 MWh (the net electricity sales in 2020) with 3% (assumed growth rate), 1% (minimum annual RPS for 2019) and another 1% (minimum RPS for 2020).
After it calculates all its annual RPS requirements, the distribution utility then procures the equivalent electricity to be generated from renewable energy resources under a power supply agreement with a renewable energy power plant through a competitive selection process or through the renewable energy market to be established under the renewable energy market (REM) rules or the REM Rules.
OTHER RE MECHANISMS
Aside from the RPS On-Grid Rules, the RE Law also directs the issuance of the REM Rules, RPS for Off-Grid Areas, and the Green Energy Option Rules.
The REM Rules shall establish a market where the trading of renewable energy certificates or “RECs” equivalent to an amount of power generated from renewable energy resources is made. The Philippine Electricity Market Corporation (PEMC) shall undertake the necessary rules changes in the Wholesale Electricity Spot Market (WESM) Rules and pertinent manuals to accommodate the operation of the REM. PEMC shall also establish a Renewable Energy Registrar to record and monitor the RECs and compliance to the RPS requirements.
The RPS Off-Grid Rules is a policy that requires the National Power Corp., the government entity required to provide electricity to off-grid areas, to source a minimum percentage or all of their energy requirements or supply from available renewable energy resources in off-grid or missionary areas as determined by the DoE. Like the RPS On-Grid Rules, the RPS Off-Grid Rules has an annual incremental requirement of not lower than 1% of the previous year’s generation.
On the other hand, the Green Energy Option is a policy that provides the end-user the option to choose renewable energy resources as their source of energy. This gives the electricity consumers the power of choice.
The mandated participants, including the distribution utilities, shall ensure physical connection and commercial arrangements for renewable energy power plants necessary to ensure the success of the program.
LEGITIMATE DEVELOPMENT GOALS
With the RPS On-Grid Rules and the impending release of the other mechanisms provided under the RE Law, the Philippines hopes to meet its lofty ideal to serve its people in far-flung remote areas who will soon enjoy the benefits of electricity.
Fifth-class municipalities will be able to send children to schools illuminated by the power of renewable energy. With the help of renewable energy, access to electricity will no longer be a privilege. It will be a reality for more Filipinos.
The full implementation of the NREP, RPS, and other mechanisms provided under the RE Law is a promise that the Philippine government should keep. It is an honor pledge.
The NREP means that future generations will have bottomless abundance in energy supply. Our sustainable future is about developing what is abundantly ours. It is about paving the way for a future that is blessed with secure, reliable, and clean energy supply from our own resources.
I am sure that as emerging fuel technologies mature, the prices we pay to energize our homes and fuel our everyday lives will become more predictable, more affordable so that the next generations can enjoy a quality of life that everyone can and should afford.
 
Atty. Jose M. Layug, JR. is a Senior Partner of Puno Law Office. He recently served as Chairman of the National Renewable Energy Board and successfully completed the drafting of all pending renewable energy mechanisms for approval of the Department of Energy.

With Standhardinger comes adjustments

By Michael Angelo S. Murillo
Senior Reporter
SELECTED first overall in this season’s Philippine Basketball Association (PBA) rookie draft, Christian Standhardinger was expected to fortify what already is a solid San Miguel crew.
Combining height and mobility, coupled with a no-nonsense mind-set in how he approaches the game, the Filipino-German brings a lot to the table which should only serve the defending champions in good stead not only for the now but, more importantly, for the future.
But while all indications point to the Gilas Pilipinas player being a boon to San Miguel, adjustments undeniably need to be made, something the Beermen are seemingly still in the process of doing based on their debut outing in the ongoing PBA Commissioner’s Cup on May 9.
After missing the rest of the season-opening Philippine Cup to honor his contract with the Hong Kong Eastern Basketball Club in the ASEAN Basketball League where they finished in the top four, Mr. Standhardinger finally made his PBA debut with the red and white.
Unfortunately for him and the Beermen, it was not a winning debut as they fell, 93-85, to the Meralco Bolts.
Mr. Standhardinger played 20 minutes in his maiden outing, finishing with four points, five rebounds, two assists and two steals with five fouls.
The 28-year-old admitted he could have had a better debut and it would have been nice to open things with a victory, but he was not giving himself as hard a time for it, recognizing that they as a team are still figuring things out how to play along with each other.
“We lost. Everybody saw the game, we lost. That was unfortunate. That was not good,” said Mr. Standhardinger as he met members of the media following his first game.
He went on to say that he knows what his role is with the loaded Beermen and vowed to stay committed to working on it and help the team win.
“I’m okay with whatever role I am needed in and I think in this team where we have so many scorers, my job is to defend, give energy and facilitate more and I think all of you guys saw that that was my main focus today on the court. And I will do that, keep doing that, as long as the head coach tells me different,” he said.
For reigning league most valuable player June Mar Fajardo, whose “twin towers” tandem with Mr. Standhardinger has many looking with a keen eye, it will only be a matter of time when the rookie starts getting into the flow of the San Miguel system.
“Christian has been playing for a while now and I’m pretty sure he will adapt to the system of coach (Leo Austria) in no time. This is just his first game and he is still getting used to things in the PBA. But it’s not really a big deal. He just needs time and I’m sure he will pick up his game,” said Mr. Fajardo, who finished with 16 points and seven rebounds in their first game.
Mr. Standhardinger and the rest of the Beermen were to play their second game late yesterday against the Rain or Shine Elasto Painters at the Ynares Center in Antipolo City.

Reigning NBA champions Warriors face season-best Rockets in Western finale

WASHINGTON — Defending NBA champion Golden State, seeking a third title in four seasons, faces season wins leader Houston in a tantalizing playoff showdown between a powerhouse Warriors squad and a Rockets team assembled to beat it.
“I like where we are. Our guys have rings. That’s a good position to be in,” said Golden State coach Steve Kerr, whose Warriors open the best-of-seven Western Conference finals at Houston on Monday in search of a fourth straight trip to the NBA Finals.
“We’re going in here knowing we’re the defending champs, knowing we got a couple championships here the last few years. Let’s go get another one. It’s a nice feeling to have to go into a series with.”
The Rockets, sparked by NBA scoring champion James Harden, were 2-1 against Golden State in the regular season and went a league-best 65-17 overall, seizing a home-court advantage in the series.
After being ousted from the playoffs by the San Antonio Spurs in three of the past four seasons, the Rockets added star guard Chris Paul and 3-point threat P.J. Tucker to join Trevor Ariza, then watched Swiss big man Clint Capela enjoy a career-best season with 13.9 points and 10.8 rebounds a game.
“It’s going to be a fight,” Capela said. “This team is going to be hard. There are going to be a lot of adjustments after every game. It’s going to be a chess game.”
The clash between the two offensively explosive teams has been anticipated since the start of the season.
“You wanted us. You got us. Now you’ve got to play the game,” said outspoken Golden State forward Draymond Green. “Their team is built to beat us, their obsession.
“Obviously you want to build your team to beat the defending champs because that’s usually how you’ve got to go to get a championship. Understandable. That stuff has been said for about a year now. It’s time to play.”
Green says the Warriors are all about adding another title, not ousting imitators.
“We won two championships in three years. We’re not about to run off talking about how bad we want to play somebody,” Green said. “We want to win another championship and it don’t matter who is in the way of that.”
‘WE’RE DEFINITELY THREATENED’
Past NBA Most Valuable Players Kevin Durant and Stephen Curry join Green, Andre Iguodala and 3-point sharpshooter Klay Thompson in a starting lineup dubbed “Death” or “The Hamptons Five.”
A rose by any other name is still tough to beat.
“They are taking the challenge and they are embracing it,” Kerr said. “We seem to be at our best when we are threatened. And we’re definitely threatened.”
Curry has made a solid return after missing several weeks with knee and ankle injuries.
“I feel good. I feel confident in what I’m able to do,” Curry said. “I continue to get better, continue to get my timing right, continue to get back to the normal rotations.”
Golden State led the NBA in scoring just ahead of Houston this season. Now the Warriors rank as the top defensive squad in the playoffs just ahead of the Rockets.
“We’re going to be ready,” Capela said. “Everybody is excited about it.”
‘THEY HAVE TO BE READY FOR US’
Harden averaged 30.4 points, 8.8 assists and 5.4 rebounds a game while Durant and Curry each averaged 26.4 points for Golden State this season and Thompson contributed 20 while Green is adding 13.1 points, 11.5 rebounds and nine assists in the playoffs.
For Paul and Rockets coach Mike D’Antoni, it’s a chance for their first NBA Finals berth. Harden made his alongside Durant with Oklahoma City in 2012. Now they all want to bring the Rockets their first NBA title since 1994 and 1995.
“They are the champs. It’s going to be tough,” said Rockets forward Luc Mbah a Moute. “We have what we need. We’re ready. They have to be ready for us as well. We showed all season we match up well with them.
“We were the best team in the league all year but that’s not our goal. Our goal is to go further.” — AFP

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