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Supreme Court urged to dismiss anti-TRAIN petitions

The Office of the Solicitor General (OSG) has urged the Supreme Court (SC) to dismiss for lack of merit the petitions seeking to nullify the recently enacted Republic Act (RA) No. 10963 or the Tax Reform for Acceleration and Inclusion (TRAIN) Law.
The 74-page comment Solicitor-General Jose C. Calida disclosed to media was a response to the separate petitions for certiorari by consumer watchdog group Laban Konsyumer Inc. and a coalition composed of representatives Antonio Tinio, Carlos Isagana Zarate, and Ariel Ka-Ayik Casilao which, according to the comment, “(claimed) that grave abuse of discretion amounting to lack or excess of jurisdiction attended the passage of the TRAIN law.”
The OSG, however, argued that “the petitions should be dismissed outright as they suffer from procedural infirmities,” such as “improperly (availing) of a special civil action for certiorari”, “(violating) the principle of hierarchy of courts”, and for “(failing) to show an actual case or controversy calling for the exercise of judicial power,” among others.
They also claimed that “the TRAIN Law was validly passed by Congress and signed into law by the President.”
Aside from dismissing the case, the OSG also urged the court to “deny the application for issuance of a temporary restraining order, writ or preliminary injunction, and/or status quo ante order,” the petitions requested. — Dane Angelo M. Enerio

MiCab becomes fifth TNC to receive LTFRB accreditation

The Land Transportation Franchising and Regulatory Board (LTFRB) has accredited MiCab Systems Corporation, a transportation network company (TNC) that will provide taxi-hailing services as an alternative to Grab.
The Certificate of Accreditation from the LTFRB was signed April 30 and will expire in two years.
For the month of April, LTFRB has issued accreditation to a total of five TNCs — Hype Transport Systems, Inc. , Hype, GoLag, Inc., Ipara Technologies and Solutions, Inc. or Owto and the latest, MiCab.
MiCab is created by Cebuanos Eddie Ybañez and Kenneth Baylosis. It promises passengers an alternative option to “surge-riddled transportation apps.” — Denise A. Valdez

SM Prime to launch online store within the year

SM Prime Holdings, Inc. will be launching its own online shopping platform within the year, in a bid to address the booming e-commerce industry while maintaining that it has yet to become an actual threat to its business.
The country’s largest mall operator said it is currently setting up a website to be used by its tenants through what it calls a “click and collect” strategy.
“We’re gonna formalize the setup of the platform within the year. We will come up with a legal entity for that,” SM Prime Chief Finance Officer John Nai Peng C. Ong told reporters after the company’s annual shareholders’ meeting in Pasay City last week.
Mr. Ong explained that the website will allow customers to choose what items they want to buy from any of their tenants. They will then have to collect the purchased items from SM Prime’s shopping malls.
Asked whether the company will offer deliveries soon, Mr. Ong said they have yet to work toward this strategy.
“We have yet to work toward delivery. Potential din yun because we have affiliate companies that can deliver. But our work is toward click mo and collect sa malls. So we’re trying to set up specific areas in the malls,” the SM Prime executive said. — Arra B. Francia

UnionBank to roll out new digital banking products

The digital banking platform of UnionBank of the Philippines is set to launch new banking products and services to position itself as a digital bank.
During the lender’s Tech Up Expo in Taguig City on Thursday, UnionBank Senior Vice President Paolo Eugenio J. Baltao announced that EON, the lender’s digital banking platform, will launch banking products and services such as quick response (QR) code-based payment platform, rewards program for small-scale businesses as well as car and gadget loans.
“We have other services that we will launch such as POW! wherein you can pay via QR code,” Mr. Baltao told reporters.
Unlike the other QR code-based payment schemes such as PayMaya and GCash, Mr. Baltao said that POW! enables merchants to reverse any transaction through the use of a void code.
“Unlike GCash and Paymaya where you still have to call them to reverse the transaction, you can do it real-time in case the merchant gave the wrong amount,” Mr. Baltao said in Filipino.
Aside from this feature, POW! also issues a printed receipt for the customers.
“Another one is ubycash, which is our rewards program. We came up with a rewards program that will cater to the small merchants.” Mr. Baltao added.
Through ubycash, small-scale businesses can now have their own rewards program for customers. With the use of ubycash, customers can avail of a rewards card which can be used to avail discounts and rewards to EON’s partner-merchants. — Karl Angelo N. Vidal

Government eyes September or October for first samurai bond issue

THE Duterte government eyes to issue its first yen-denominated securities by September or October, the Department of Finance (DoF) said.
Finance Secretary Carlos G. Dominguez III said the government will time the offer on the second semester of Japan’s fiscal year.
“We will still go ahead with the Samurai…Because the Japanese calendar is different, it should be around September or October, the latter half of the fiscal year ending March. So it should be towards the end of their fiscal year,” Mr. Dominguez told reporters on Thursday. — Elijah Joseph C. Tubayan

Duterte signs executive order on ‘endo’

President Rodrigo R. Duterte signed on Labor Day, May 1, the executive order (EO) that bans labor contracting and subcontracting.
“To those who march, [the EO] is not enough. I’m not a legislator. There are provisions that need to be amended. I am not allowed [to change], I can only implement. This executive order that I signed will help a lot in alleviating the problem,” the President said in his speech in Cebu City.
Mr. Duterte’s EO includes a “prohibition against contracting and subcontracting.”
Sought for comment, Department of Labor and Employment (DoLE) Undersecretary Jacinto V. Paras said the EO version that was signed was from the Office of the President.
“It’s the version of the President which is a balanced version consistent with existing law and the constitution to attain industrial peace,” Mr. Paras said in a text message to BusinessWorld on Tuesday morning.
In April, Labor Secretary Silvestre H. Bello III said the President will no longer sign the EO on ‘endo’, saying that it was “better to leave the matter of ‘endo’ to Congress.”
The bill being referred to is Senate Bill No. 1116 or the proposed End of Contractualization Act of 2016 introduced by Senator Emmanuel Joel J. Villanueva, chairman of the Senate committee on labor, employment and human resources development. The measure is currently in the committee level.
Its counterpart measure at the House of Representatives, House Bill No. 6908, was approved on third and final reading on Jan. 29.
The Senate bill seeks to tighten rules on contractualization and simplifies the classification of employees to regular and probationary. It also prohibits labor-only and manpower contracting and defines unfair labor practices in a contracting or subcontracting arrangement.
The Department of Trade and Industry had earlier said the government will face legal challenges in crafting a law that will end labor contractualization.
“There simply is difficulty in crafting an EO that will not violate the current law and still meet what the labor sector wants,” Trade Secretary Ramon M. Lopez told reporters on April 17 in a Viber group message.
An EO that will cease job contractualization, according to Mr. Lopez, will violate the current Labor Code which renders contracting a legitimate hiring practice. The law is implemented through the Department of Labor and Employment’s Department Order No. 174, Series of 2017. — Arjay L. Balinbin

Which economies are business leaders most optimistic about?

BUSINESS OPTIMISM in the Philippines weakened sharply in the first quarter of 2018, according to global research firm Grant Thornton’s International Business Report (IBR), which attributed this to a drop in employment and profitability expectations. Read the full story.
Business Optimism Phils

Business optimism weakens in Q1

BUSINESS OPTIMISM in the Philippines weakened sharply in the first quarter of 2018, according to global research firm Grant Thornton’s International Business Report (IBR), which attributed this to a drop in employment and profitability expectations.
A summary of IBR findings showed Philippine business leaders’ overall optimism (total optimistic less total pessimistic) stood at 74% in the first quarter of 2018 — down from the preceding three month’s 86%, and 24 points less than the all-time high of 98% recorded in the first quarter of 2017.
Grant Thornton described the more than 2,500 respondents worldwide as chief executive officers, managing directors, chairmen or other senior executives from across industries.
Business Optimism Phils
The bleak outlook for the Philippine economy over the next 12 months can be attributed to the decrease in employment expectations to 52% from 66% in the previous quarter, lower investments in plant and machinery to 40% from 54%, slide in investment in technology to 50% from 62%, and drop in profitability expectations to 76% from 86%.
Despite the weakness, the latest quarterly survey puts the Philippines third in the rankings among Asian countries where the regional average is 52% and the Southeast Asian average is 61%.
“Both regulations & red tape (down 12 percentage points) and information & communications technology infrastructure (also down 12pp) are less seen as hurdles to doing business in the country. Businesses expect an increase in their selling prices (up 10pp) as well. Lastly, energy costs and transport infrastructure (both down 8pp) are also seen as less of a constraint to conducting business. As a result, more than half of the businesses surveyed foresee an increased investment in marketing efforts, as well as in sales force effectiveness,” Grant Thornton said.
ASIA PACIFIC
The IBR also found a dip in business optimism across Asia Pacific in the first quarter to 52% from 58%, bucking the wider global trend that saw Asia Pacific and Latin America as the only major regions to see optimism fall over this period.
Globally, business optimism improved to 61% — the highest figure recorded in 15 years of research — from 58% in the previous quarter.
“The drop in optimism across Asia Pacific contrasts with most other global regions. It is striking that the major contributors to this dip are China and Japan. That said, their confidence levels still compare favorably with those in recent years,” Ma. Victoria C. Españo, chairperson and chief executive of P&A Grant Thornton, said in the statement.
In China, business optimism slid to 65% in the first quarter from an all-time high of 78% in the fourth quarter of 2017. In Japan, business optimism stood at -8% after recovering to 3% in the preceding three months following nine consecutive quarters in negative territory.
“A talking point for the whole region, though, is the rhetoric around import taxes with the US ratcheting up. It will be telling to see how businesses respond over the next quarter. Most take the view that the risk of a fully blown ‘trade war’ has eased, but uncertainty is never welcome. Most business leaders will want to see clarity sooner rather than later,” Ms. Españo said.
Across Southeast Asia, economic optimism is up to 61% in the first three months — the joint highest quarterly figure ever recorded according to Grant Thornton — on the back of substantial increases in optimism in Malaysia (up 22 points), Singapore (up 12 points), and Thailand (up 6 points).
“The dip in optimism in China and Japan hardly represents confidence in free fall. However, how the region responds will be telling. ASEAN businesses are currently optimistic, but if they see the war of words on trade develop between China and the US, that confidence could start to evaporate,” Ms. Españo said. — Krista Angela M. Montealegre

BSP sees inflation pickup in April

THE BANGKO SENTRAL ng Pilipinas (BSP) expects inflation to have picked up further in April to hit a new peak, with price movements driven by rising oil and power rates.
The BSP’s Department of Economic Research gave a 3.9-4.7% forecast range for headline inflation last month. This is “slightly” higher than the 3.8-4.6% estimate given for March, which clocked in at 4.3% using 2012 prices, with the higher end of April’s forecast range again well beyond the government’s 2-4% target.
The BSP’s forecast range also includes the 4.5% median estimate from a BusinessWorld poll among economists, which if realized will be higher than the 4.3% actual rate in March and 3.2% in April 2017.
The Philippine Statistics Authority will report the latest inflation data on Friday.
“Geopolitical tensions in the Middle East caused a sharp increase in international oil prices spilling over to higher domestic petroleum prices for the month,” the central bank said in a statement yesterday.
“In addition, higher electricity rates in Meralco-serviced areas as well as higher rice prices due to supply conditions could contribute to additional price pressures.”
World crude prices hit three-year highs in April amid renewed tensions in the oil-rich Middle East, which pushed up retail pump prices here. Year-to-date, gasoline prices have increased by P3.45 per liter while diesel costs are up by P4.55 per liter, according to the Department of Energy.
Rice prices also maintained their ascent for the third straight month due to short supply, according to the National Food Authority.
Power distributor Manila Electric Co. likewise announced a 22.5-centavo increase per kilowatt-hour for April’s utility bills due to a higher generation charge.
Headline inflation averaged 3.8% as of end-March, just a tad below the 3.9% expected by the BSP for the full year and close to breaching the 2-4% target band.
Analysts expect price increases to accelerate further this month, as the impact of a weaker exchange rate and higher taxes add to upward pressures. Several economists are even pricing in a rate hike from the BSP Monetary Board’s May 10 policy review, saying that such a move will keep borrowing rates competitive at a time of faster inflation.
“The BSP will continue to monitor closely evolving inflation dynamics over the policy horizon against any signs of incipient price pressures that may warrant a policy response,” the central bank said on Monday.
BSP Governor Nestor A. Espenilla, Jr. has said the monetary authority is prepared to “take immediate and appropriate measures” should inflation cover more goods, as he finds comfort in knowing that the local economy can weather the impact of higher interest rates if needed.
Some analysts have pointed out that Mr. Espenilla has taken a more hawkish tone recently compared to his previous remarks, while others say that robust domestic economic activity and upbeat first-quarter growth prospects could allow the BSP to stay on hold for now. — Melissa Luz T. Lopez

Money supply growth picks up pace in March, hits 5-month peak

By Melissa Luz T. Lopez
Senior Reporter

MONEY SUPPLY expanded faster in March to a five-month peak even as growth in bank lending slowed, the Bangko Sentral ng Pilipinas (BSP) reported yesterday.
More money circulated in the domestic economy as liquidity grew by 14.4% from a year ago, picking up from the 13.5% pace logged in February and logging the fastest rate seen since October 2017.
Domestic liquidity or M3, which stands as the broadest measure of money in an economy, reached P10.9 trillion as of end-March. Month on month, money supply actually increased by 1.3%.
Funds from local sources went up by 14.2% for the month, faster than the 13.8% logged in February supported by a sustained rise in bank credit, the central bank said in a statement.
Net claims on the central government also posted a 6.5% rise, compared to a 3.7% increase the previous month due to increased borrowings made by the state.
The government issued $230 million worth of renminbi-denominated papers during its maiden issuance of the so-called panda bonds on March 20.
On the other hand, net foreign assets expressed in peso terms posted faster growth at 6.4% versus the 4.6% clocked in February. A steady stream of dollar inflows from overseas Filipinos’ remittances, business process outsourcing revenues, and foreign portfolio investments supported a stronger position maintained by the BSP.
Foreign assets held by banks also rose on the back of higher investments in debt papers, the central bank added.
“The overall pace of growth in M3 remains consistent with the BSP’s prevailing outlook for inflation and economic activity,” the BSP said in a statement.
CREDIT GROWTH EASES
On the flip side, bank lending eased in March to log the slowest pace in over a year.
Credit growth slowed to an 18.3% rise for the month coming from February’s 19.5%, the central bank said, posting the weakest increase since February 2017.
Factoring in the reverse repurchase agreements availed by banks, lending went up by 18.8% coming from 17.6% a month prior.
Majority of the loans went to fund production activities to account for 88.4% of the total. These credit lines grew by 18.1% in March from 18.6% previously, with the biggest increase in lending extended to other community, social and personal activities which jumped by 83.1%.
Other sectors which received bigger loan lines include information and communication (27.9%); electricity, gas, steam and airconditioning supply (23.7%); real estate activities (18.6%); wholesale and retail trade, repair of motor vehicles and motorcycles (17.6%); and financial and insurance activities (17.1%).
Other sectors received bigger credit except for administrative and support services, which saw borrowings plummet by 37.9%, and the agriculture sector with an eight percent drop in lending, according to BSP data.
Consumer lending also softened in March as retail lines grew by 19.3%, slower than the 19.9% climb in February on the back of declines in some household loans and slower increases in motor vehicle and salary-based borrowings, the central bank said.
The central bank monitors liquidity and bank lending dynamics to ensure price and financial stability, as several observers have flagged potential overheating in the economy due to rapid loan growth.
Central bank officials have said that the rapid loan growth seen in the local scene simply supports more upbeat domestic economic activity, particularly with the government’s infrastructure spending push.

PEZA tries to soothe investors spooked by tax

THE WOMAN tasked to lure investment to Philippine economic zones is seeking to calm investors spooked by a government proposal to scale back tax incentives.
The Finance department plans to take away tax breaks given to businesses, valued at over P300 billion ($5.8 billion) a year or about two percent of gross domestic product.
Charito Plaza, head of the agency which oversees hundreds of industrial parks, is confident officials will apply tax changes only to new investment.
“Don’t be afraid,” Plaza, director general of the Philippine Economic Zone Authority, said in an interview at her office in Manila. “The government won’t renege on contracts.”
The Philippines is in the midst of an ambitious tax reform to raise revenue to help pay for a $180-billion infrastructure plan. But a part of the proposal to cut income tax holidays and duty-free imports is causing some companies to put expansion plans on hold. A newspaper report showed PEZA investment pledges fell 22% from a year earlier in the first two months of 2018.
“It’s certainly the case now that some are putting their business plans on hold,” said Guenter Taus, president of the European Chamber of Commerce in the Philippines, whose about 800 members are mostly in outsourcing and manufacturing. “I don’t see a very, very rosy picture in the future.”
While foreign direct investment surged to a record $10 billion last year, the United Nations ranks the Philippines behind major Southeast Asian economies in terms of investment.
Balancing efforts to boost revenue and attracting investment is a tough task. Former President Benigno Aquino III also mulled dialing back on incentives but disagreements on which sectors they’ll take perks away from ended in a stalemate.
Plaza is fighting hard. At a meeting with policy makers, Plaza went armed with data showing industries located in these economic hubs contributed about P3.3 trillion annually to the economy, trumping the estimated foregone taxes.
“We have to look at the total picture,” said Plaza, a former lawmaker who co-authored the bill creating the economic zone authority. “There’s also the social progress that cannot be quantified.”
Policy makers are also now looking at making incentives for new investors performance-based and targeted to basic industries like steel and agriculture, she said.
“Industries are the goose that lays the golden egg,” Plaza said. “We won’t kill the goose.” — Bloomberg

Filipino action film The Trigonal to premiere at Cannes Film Market

A FILIPINO action-thriller meant to make “action movies alive and palatable again to local and international audiences,” is set to make its world premiere at the Cannes Marche du Film (Cannes Film Market) of the Cannes Film Festival this month.
The Trigonal, directed by Vincent Soberano, is about a mixed martial arts athlete who returns to his hometown and becomes a drug lord’s pawn — along with his wife and unborn child — and has to compete in an underground fight club.
Leading the cast are theater actor Ian Ignacio (who has a black belt in Taekwondo) and film/TV actress Rhian Ramos.
The film is said to “combine meticulously choreographed action sequences with top-notch production details, and at the very heart of it, a journey in humanity,” according to a press release.
“I wanted to make a movie that combines a love story with a thriller, some comedy, and a whole lot of mixed martial arts action never before seen on screen. The movie abounds with symbolism. The ‘Trigonal’ refers to an underground fighting arena shaped like a triangle. It also represents the film’s three principal characters and three subplots. The triangle in itself is a symbol of mixed martial arts,” said Mr. Soberano in the release.
“The action has to tell a story and a good actor can intensify or downplay the action depending on their portrayal of it,” he explained before adding, “Fight porn is what I call fighting just for the sake of fighting. I don’t like that. There has to be a story behind every action, every kick, every punch.”
The Trigonal is set to have its world premiere at the Cannes Film Market on May 12.
The Cannes Film Market is held in conjunction with the Cannes Film Festival which runs from May 8 to 19.
The film — which also stars several Chinese artists including Ultimate Fighting Championship star Li Jing Liang, actor/producer Gus Liem and Chinese-American action star Sarah Chang — was picked up for Chinese distribution by Real Pictures Entertainment after the film’s limited release premiere here on March 14, while the Philippine distribution will be handled by Viva Pictures. The film is set to be shown in Philippine cinemas in July.
Talks are underway to bring the films to the US in August, said the statement. — Zsarlene B. Chua