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Immortality of gift checks

During the last Holiday Season, it was not unusual for companies, firms and even individuals to give gift checks, gift certificates, or gift cards to their clients, employees, friends and loved ones. This practice is now widely accepted in lieu of giving an actual gift item. Because they are convenient and handy, gift checks have developed to be a source of excitement and delight with their inclusion as prizes in events such as parties, social gatherings, and the like. Thus, more establishments have joined the bandwagon of issuing and offering gift checks to consumers.

At present, the function and range of gift checks have evolved, embracing the ever-growing e-commerce market through e-gift cards. In fact, a number of establishments which issue gift checks even go on to partner with other establishments to offer more flexibility and convenience to consumers in terms of use and choices of goods and services. Other establishments also offer their gift checks at a discount or in differing denominations to the consumers.

Since gift checks are now widely accepted in the country, and pursuant to the policy of the State to protect the interests of the consumers, the Congress deemed it appropriate to pass Republic Act No. 10962, or the “Gift Check Act of 2017,” to regulate the issuance, use and redemption of gift checks.

In its legal sense, a gift check is any instrument issued to any person, natural or juridical, for monetary consideration, honored upon presentation at a single merchant or an affiliated group of merchants as payment for consumer goods or services. As an instrument representing value held in trust by the issuer thereof on behalf of its beneficiary or bearer, consumers must not be unduly deprived of the value of their money. Accordingly, the Gift Check Act of 2017 mandates that gift checks should remain valid until the cessation of business of the issuer. Stipulating expiration dates on gift checks and/or the stored value or credit therein is explicitly prohibited and considered unlawful.

Interestingly, however, coupons and vouchers are not covered by the Gift Check Act of 2017. Coupons and vouchers are instruments issued to any person, natural or juridical, for monetary consideration or otherwise, that entitle the holder to a discount of a particular good or service, or that may be exchanged for a pre-identified good or service specified in the instrument. As distinguished from a gift check, a coupon or voucher is not used as payment per se but as a means of entitling a consumer to a discount or an exchange for a pre-identified goods or service. Loyalty rewards and promotional programs are likewise expressly excluded from the coverage of the law.

So as to safeguard the rights of the consumers arising from other relevant laws and regulations, the Gift Check Act of 2017 also included a provision on the applicability of promotional programs, warranties, return policies, and senior citizens and persons with disability discounts in the purchase of goods and services with the use of gift checks.

In short, these benefits provided under relevant laws, rules and regulations can still be availed by consumers even if they pay through gift checks.

Any person who violates the provisions of the Gift Check Act of 2017 shall be obligated to return the unused balance of the gift check within ninety (90) days from the declaration of the violation by the DTI, and shall be subject to a fine ranging from five hundred thousand pesos (P500,000.00) to one million pesos (P1,000,000.00).

With the passage of the Gift Check Act of 2017, consumers now enjoy more control on the use of gift checks. Having that freedom, it gives gift checks added value not only to consumers, but also to the issuing establishments, which already received the corresponding value of the gift check at the time it was sold to the consumer.

The views and opinions expressed in this article are those of the author. This article is for general informational and educational purposes only and not offered as and does not constitute legal advice or legal opinion.

 

Jefferson L. Gomez is an Associate of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW), Cebu Branch.

(6332) 231-4223

jlgomez@accralaw.com

AirAsia PHL flies to Jakarta

PHILIPPINES AIRASIA, Inc. began flying from Manila to Jakarta on Tuesday, as it continues to expand its flight network in Southeast Asia.

In a statement, the low-cost carrier said flight Z2 235, which was flown by AirAsia Philippines CEO Dexter M. Comendador, was welcomed with a traditional water cannon salute upon arrival at Soekarno-Hatta International Airport.

“AirAsia is a product of ASEAN (Association of Southeast Asian Nations) and we are so proud to be part of this region we call home. We are thrilled to add another ASEAN destination into our ever growing network,” Mr. Comendador was quoted as saying.

AirAsia is scheduled to start flights from Manila to Bali next week.

“We want to bring the people across the ASEAN region closer together with our new flights connecting Manila to Jakarta and Bali following our Manila-Ho Chi Minh City last November, we are looking at adding new routes to Thailand this year and further expand our ASEAN footprint to serve more and more communities,” Mr. Comendador said.

AirAsia Philippines is a wholly owned subsidiary of AirAsia, Inc., a joint venture company among Filipino investors Antonio O. Cojuangco, former Ambassador Alfredo M. Yao, Michael L. Romero, Marianne B. Hontiveros, and Malaysia’s AirAsia Berhad.

AirAsia Philippines operates a fleet of 17 aircraft and operates out of hubs in Manila, Cebu, and Kalibo.

Two Singapore Airbnb hosts to plead guilty

SINGAPORE — Two Airbnb hosts charged in Singapore with unauthorized short-term letting of four apartments are expected to plead guilty next month, their lawyer said on Tuesday. The two men face four charges under the city-state’s Planning Act for renting out four units in a condominium for less than six months without permission from Singapore’s Urban Redevelopment Authority, according to court documents last month. They are liable to a fine of up to S$200,000 ($149,000) per offense if found guilty. Their lawyer, Wong Soo Chih, said they are expected to be sentenced on Feb. 27. Singapore passed new rules last year giving officials the right to force their way into homes to check whether residents were renting them out illegally. Airbnb says it has 8,700 listings in Singapore, where high population density and limited land area mean a majority of the 5.6 million people live in apartments. — Reuters

Cebu City council proposes bike lanes in all new roads

A LAW requiring all new or proposed expansions of roads and bridges in Cebu City to include bicycle lanes has been submitted before the council. The proposed ordinance, authored by Councilor Eugenio F. Gabuya, Jr., will mandate the Department of Public Works and Highways (DPWH) to integrate bike lanes in the planning, design, and construction or expansion of bridges and roads in the city. “The ordinance aims to serve as springboard to more sustainable environmental solutions to prevent Cebu City from further deterioration,” reads a part of the proposal. Mr. Gabuya said there is a need to improve the welfare of all pedestrians, cyclists and other non-motorized commuters. The proposed legislation also seeks to encourage residents to use bicycles as an alternative mode of transportation. Under Section 7 of the proposed ordinance, the DPWH is asked to implement the ordinance for national roads, while the city’s Department of Engineering and Public Works and City Planning Office will enforce the ordinance for city’s roads. — The Freeman

Dashboard (01/17/18)

DAF Trucks

DAF CF, XF trucks voted Europe’s best

DAF Trucks announced its CF and XF models have been voted International Truck of the Year 2018 by an independent jury of road-transport journalists from 23 European countries.

The truck maker said the CF and XF have new power trains featuring “highly efficient transmissions and rear axles,” as well as new compact after-treatment systems and software and aerodynamic optimizations. The innovations improved fuel efficiency and cut CO2 emissions by 7%.

“With the introduction of the new CF and XF series, DAF has delivered a medium- and heavy-duty truck range that sets a new standard in terms of driveline efficiency and overall performance,” DAF quoted award-giving body’s chairman, Gianenrico Griffini, as saying.

DAF Trucks in the Philippines is distributed by Pioneer Trucks and Equipment Corporation.


Hyundai furthers mobility services with Grab

HYUNDAI Motor Company on Jan. 11 announced it has made a “strategic investment” in on-demand transportation and mobile payments platform Grab.

In a statement the two companies said it will jointly explore ways to develop and provide “future mobility services” to Southeast Asian markets, including one in which Hyundai will use its eco-friendly Ioniq Electric model.

“Grab’s expertise in the Southeast Asian market, coupled with Hyundai’s eco-vehicle leadership, will bring innovative services to customers,’’ said Young Cho Chi, chief innovation officer at Hyundai. Mr. Chi also heads the car maker’s strategy and technology division, established in 2017 to spearhead Hyundai’s future innovation.

Hyundai named mobility services it is involved in include car-sharing, -hailing and -pooling. It cited as an example its new partnership with WaiveCar, a car-sharing program in the US that runs on advertising money, and which uses the Ioniq Electric. The car maker also pointed to its electric car sharing services in Amsterdam, started in October last year, and in Vienna, which began a month later.


Mazda holds technical skills competition

THE distributor of Mazda in the Philippines announced it held on Dec. 2, 2017 the 4th Maztech Philippines Customer Skills Competition, an annual event that pits the brand’s after-sales personnel against one another in a showcase of technical knowledge and attitude.

Bermaz Auto Philippines (BAP) said 12 teams coming from various dealerships took part in the competitions, which included a quiz bee, a written examination and troubleshooting exercises. Service technicians who topped the contest will represent Mazda Philippines in the 2018 regional Maztech Competition to be held in Bangkok, Thailand, at a yet undisclosed date.

BAP added a search for a sales consultant who adhered best to the brand’s standard customer walk-around process was held for the first time.

The best service technician came from Mazda Pasig; best service advisor from Mazda Davao/Cagayan de Oro; best parts advisor from Mazda Cebu; best warranty administrator from Mazda Davao; and best sales consultant from Mazda Greenhills.

Designer Pitoy Moreno, 88

COUTURIER Jose “Pitoy” Moreno died on Jan. 15 after a long battle with Alzheimer’s disease, leaving a legacy of beautiful women dressed in his clothes will remain etched in the collective memory.

Some of his most famous clients include former first lady Imelda Marcos, the late president Corazon Aquino, and former president Gloria Macapagal Arroyo, whom he has dressed since she was a little girl in Malacañang: as he had dressed her mother, former first lady Eva Macapagal, and a host of most of the former first ladies before, and then, after her.

Mr. Moreno, in his heyday in the 1960s, ’70s, and well beyond, dressed Manila’s elite, with one of his favorite muses being Imelda Ongsiako Cojuangco. State visits to the Philippines and the like also allowed Mr. Moreno to dress visiting dignitaries and their families, including Princess Margaret of the United Kingdom, former American first ladies Pat Nixon, Betty Ford, and Nancy Reagan, and prima ballerina Margot Fonteyn.

Born and raised in Gagalangin, Tondo, Manila in 1930, Mr. Moreno studied Fine Arts in the University of the Philippines, where many of his classmates went on to become mainstays of the country’s political and social life — including Celia Diaz Laurel, Araceli Limcaco Dans, and restaurateur Nora Daza. He was also a member of the Upsilon Sigma Phi fraternity, which proved to be another useful social link as fellow members included such luminaries as Ferdinand E. Marcos, Salvador H. Laurel, and Benigno S. Aquino.

His designs made their mark on the world stage when former first lady Imelda Marcos and her coterie of Blue Ladies wore his designs — most notably his modernized Filipiniana, exemplified in the terno — showed the world the aesthetic and beauty of the Filipina. While the evolution of the Maria Clara to the terno had begun long before he started working with the butterfly sleeves — notably in the modernizing and simplifying work of Slim Higgins, Pacita Longos, and Ramon Valera — his partnership with Mrs. Marcos showed the world the beauty and quality of Filipino textiles.

Mr. Moreno also wrote a book about Filipino weddings called Kasalan, and Philippine Costume, which focused on traditional Filipiniana.

Mr. Moreno’s career might prove the adage that “Style is forever” considering that his former clients from the Marcos regime have risen and fallen again and again, and yet Mr. Moreno sewed on through every administration since. His efforts were recognize by the Arroyo administration in 2009 when he was hailed as a National Artist of the Philippines for Fashion Design — an honor that was contested by other National Artists who said Fashion Design was not an accepted art form and his craft was simply dressmaking. The Supreme Court issued a temporary restraining order on the conferment of the award to Moreno and six others, which remains to this day.

With Mr. Moreno’s passing, he joins a pantheon of Filipino designers who enabled the evolution of Filipina formal dress, adapting the once-fussy outfit into something practical and beautiful, and adapting to the current needs of the modern woman. His talent and bravado also encouraged young designers to continue to change and innovate those iconic butterfly-sleeved dresses, every stitch changing with the times.

He is survived by his sister, the poet Virginia Moreno, and nephews and nieces. — Joseph L. Garcia

Matching products to needs

Over the Christmas period, I was wandering around in one of the city’s many shopping malls browsing for gifts for the family. My daughter requested a watch and since I couldn’t get my friendly online shopping store to deliver before Christmas day, I was forced to troll around various jewelers and watch stores to find something suitable. A few stores I entered had modestly priced watches. Sales clerks were quick to pull the items out of display cases and describe the many features of the watch. Less so when I started looking at some premium brands. The watches were invariably presented on a black velvet tray and I was left to examine the item in hushed silence. The ever present sales clerk was only there to make sure I didn’t rush off with the watch without paying for it!

Pick up a glossy magazine today and you will see advertisements for Rolex, Ebel, Patek Philippe and other well-known, prestigious brands. What is interesting about these ads is that they rarely describe the features of the watch. Rather, they show a photograph of the timepiece and leave it to the client to appreciate its quality. Note also that these advertisements do not indicate the price. The very last thing that the manufacturers want to do is to draw attention to the premium cost of the item.

Advertisers know that a long list of features draws attention to price. When the product is expensive, it is rare to find features or, for that matter, any mention of the cost. However, if the product is a budget or low-value item, the price will be prominently displayed and a long list of features will invariably accompany the advertisement. I believe the rationale behind this advertising tactic is to persuade customers that many features and a low cost represent good value for money!

Salespeople often make the mistake of describing premium-priced products to clients in great detail. They enumerate every feature of the item. Yet, research shows that this has the same impact as other forms of advertising and marketing. Customers believe that features add significantly to the price of the product. The salesman faces an uphill struggle to persuade the customer to buy.

It is better to describe products to clients by demonstrating how specific features can be used by them or will help them. However, even this approach has its drawbacks. Clearly, if the customer needs the described feature, he will react positively. Conversely, when he sees no need for the feature, his likely reaction will be to raise objections.

Some years back, I was working with a car company in Japan. Their latest urban SUV offered a very impressive 4WD system with traction control for icy and snowy conditions. Discussing brochures for the product, I commented that this feature should not be mentioned in any product literature destined for Southeast Asia and would likely put customers off if they thought they would be paying for a feature they would never use!

Overcoming objections is difficult at the best of time. It makes little sense to let them occur because of an overzealous desire to describe every feature and advantage of the product whether or not the client needs them.

Effective salespeople don’t spend much time talking about their products. Their focus is on the client’s needs and requirements.

By asking questions, they encourage customers to express specific needs that their products can satisfy. It is not until the last few minutes of the sales call that they describe the items they are selling. They focus specifically on those features that the client has expressed a need for.

This is not a particularly difficult process as long as the salesman understands what he is trying to achieve. Simple questions such as, “What do you want to use the product for?” and, “Would it be useful for you to have…?” all help uncover specific needs. Statements that reinforce client needs such as, “You have told me you are looking for this feature. The item I am suggesting will fully meet this requirement.” Approaching the sale this way avoids offering features that the client doesn’t want. Objections will not occur as often and the salesperson will walk away with more business.

 

Terence A. Hockenhull is a long-term resident of the Philippines. He is an accomplished sales consultant who currently holds an executive sales position with an Italian geotechnical company.

hockenhull@gmail.com

Impressed with Teng

In just four games in the Philippine Basketball Association (PBA), I must say that Alaska Aces rookie Jeron Teng has made a good impression on me, making a believer in this writer that he could well be the next franchise player for the storied ball club.

To come clean, I was not really high on the former De La Salle University stalwart making waves early in the pros.

Sure he can shoot the lights out in every arena he plays in but I just felt that he still needed to added further dimension to his game to really make a name for himself in the PBA.

The league certainly has been littered with explosive scorers and/or star players coming from the collegiate and amateur ranks only to find themselves struggle in the pros and have short-lived careers.

It is the same sentiment I have of Teng’s fellow rookie Raymar Jose of Blackwater. But lo and behold, the two are proving my “worries” wrong.

Key to Teng’s early success and solid performance has been the tremendous support and confidence the entire team is giving him.

Of course, it is as if it is unwarranted. After all, he is a first-round pick of the team.

Teng, who has been starting for the Aces, has been repaying the confidence given him, averaging a steady 18.8 points, 5.5 rebounds, 2.5 assists and 1.3 steals.

His play has been in synch with the rest of his teammates that include resident star Calvin Abueva, JVee Casio, Chris Banchero, Sonny Thoss and Vic Manuel.

They have his back on the court and Teng has theirs to help the Aces (2-2) find their footing in the ongoing Philippine Cup after starting the tournament with two straight losses.

“PBA-ready” was how Alaska coach Alex Compton described his rookie in one of his recent interviews and having had the chance to follow Teng in his first four games I am not going to dispute that.

Built-wise, Teng has the body to bang it up with the “big boys” of the league much like his father and former PBA player Alvin.

You have to love his court sense and winning mentality, apart from the inherent talent to ball, as he does not get rattled easily and always find ways to impact the game on both ends of the court.

Add to that how seemingly he is not too caught up with himself and expresses willingness to learn from his veterans and coaches.

As things stand, the Aces are in good standing with Teng in tow. His was a draft pick well-used and the team could have well found a “keeper” to anchor the franchise moving forward.

 

Michael Angelo S. Murillo has been a columnist since 2003. He is a BusinessWorld reporter covering the Sports beat.

msmurillo@www.bworldonline.com

Atrocious defense

In one corner stands a team that’s decidedly the league’s gold standard, giving notice of a strong title defense by having claimed 20 of 23 outings. On the opposite end stands the supposed rival, starring a four-time Most Valuable Player, but still struggling to find an identity and reeling from seven losses in the last nine outings. Based on the numbers alone, a blowout looks to be in the offing. However, nothing about any game featuring Golden State and Cleveland is etched in stone.

Significantly, the Cavaliers tried their best to be unwelcoming hosts, blitzing the Warriors to a seven-point lead at halftime, the largest in eight contests. And, expectedly, LeBron James was at the forefront of the attack, going for an efficient 20, five and three. He wanted to win, and not simply because the wine and gold needed to arrest their slide with an emphatic showing; he firmly believed that he and his teammates could summon their finest under the most adverse of conditions.

When the battlesmoke cleared, however, James proved to be only half right. He did finish with a sterling stat line, filling the sheets with figures that highlighted the level of his engagement. Unfortunately, the other Cavaliers failed to keep up. They were especially wanting in the crunch, making just two of 19 field-goal attempts and thereby seeing the Warriors pull away for good.

If there’s anything yesterday’s set-to showed yet again, it’s that the Cavaliers are toast when they can’t buy a bucket. Their defense is atrocious, as much a reflection of their aging roster as of their switch-every-single-time system that often leaves them a step — or, to be more precise, steps — behind the ball handler. They figure to do better as their personnel find familiarity in each other, but how much better? Which means they’ll have to keep making leather and nylon meet — not usually a chore, but glaringly and decidedly one of late.

Prior to the match, Cavaliers head coach Tyronn Lue was asked about his confidence in the midst of a swoon. Are they primed for success? “We’re not right now, but we will be the best team in the East… because we’ve got the best player in the world.” He May well be right. Then again, yesterday was proof positive that one great player on a team will invariably be trumped by a team of great players.

 

Anthony L. Cuaycong has been writing Courtside since BusinessWorld introduced a Sports section in 1994. He is the Senior Vice-President and General Manager of Basic Energy Corp.

PCIC targets P65-billion crop insurance coverage for 2 million farmers, fisherfolk

THE Philippine Crop Insurance Corp. (PCIC), an agency of the Department of Agriculture (DA), said it set a target of P65 billion worth of insurance coverage for two million farmers and fisherfolk this year, with the policies it hopes to write to be worth 30% more compared with 2017.

In 2017, it wrote policies worth P50.03 billion for 1.52 million farmers and fisherfolk who are part of the program.

The PCIC received a subsidy of P3.5 billion in this year’s General Appropriations Act, against P2.5 billion a year earlier.

PCIC President and Chief Executive Officer Jovy C. Bernabe said Tuesday at a news conference that the two million target will include both old and new recipients for free insurance coverage.

“These farmers will not be required to pay a single centavo for their crop insurance coverage. We will be giving it to them for free, courtesy of the P3.5 billion fund given to us in the 2018 budget,” he added.

In 2017, PCIC paid P1.9 billion worth of insurance claims to 175,000 farmers to cover losses from natural calamities, up 24% from 2016.

PCIC Senior Vice-President Norman R. Cajucom said that most of these were directed to corn and rice growers, while fisheries received the least amount of insurance claims. With higher subsidy this year, Mr. Cajucom said that the amount doled out will increase, likewise in the number of recipients.

Mr. Bernabe said that there had been a steady increase of farmers availing of insurance, noting that in 2008, only 50,000 farmers registered for insurance.

The PCIC offers cover for the DA’s lending programs, including the Production Loan Easy Access, the Survival Recovery program, the DA Hybridization and DA-LBP (LandBank of the Philippines) Sikat Saka lending program.

Mr. Bernabe said loan beneficiaries are required to take out crop insurance.

Mr. Cajucom said climate change was also driving increased coverage.

“Because of the continuing negative effects of climate change in the country, there is now a large demand. The market has emerged in the Philippines for [insurance companies with] medium and large agricultural producers [as clients],” he added.

PCIC expanded coverage from rice and corn to high-value crops, livestock and non-crop assets as well. The eligibility of fisherfolk started in 2011.

Mr. Bernabe noted that the Philippines has around nine million farmers.

“No other company offers insurance for crops because it’s very risky. It’s not even lucrative. We just have to expect the private insurance companies to come in and fill in the gap — take another 25% or two million, that will be a big help,” he added.

“PCIC cannot do this alone. Unlike in other countries, there are a lot of companies who offer insurance because they are offered a subsidy by the government.” — Anna Gabriela A. Mogato 

Hong Kong democracy activists appeal jail terms

HONG KONG — Hong Kong’s leading democracy activists appealed Tuesday against their jail terms in a case seen as a litmus test for the independence of the city’s judiciary, which some fear is under pressure from Beijing. Joshua Wong, Nathan Law and Alex Chow were jailed in August last year for their role in the 2014 Umbrella Movement mass pro-democracy protests, after Hong Kong’s government pushed for harsher sentences. A lower court had given Messrs. Wong and Law community service orders and Mr. Chow a suspended sentence. But after the government’s intervention they were jailed for between six and eight months by the Court of Appeal. All three activists were later bailed pending their appeal. The government’s move was seen as further evidence of Beijing’s growing influence over the semi-autonomous city, with Chinese authorities particularly riled by the emergence of activists calling for independence for Hong Kong. Messrs. Wong and Law’s political party Demosisto wants self-determination for the city. “Now is the chance for us to be aware how the courts of Hong Kong will recognize, will position, the motivation of civil disobedience,” Mr. Wong, 21, told reporters ahead of the hearing at the city’s court of final appeal. The unlawful assembly charges for which the three were jailed related to their involvement in the storming of a fenced-off government forecourt known as Civic Square in September 2014. — AFP

Zamboanga City gov’t spent P1.1B for security since 2013 siege

PEACE AND security initiatives have been at the top of the Zamboanga City government’s priorities after the siege in 2013, spending P1.1 billion since 2014, Mayor Ma. Isabelle Climaco-Salazar reported yesterday, Jan. 16, during her State of the City Address (SOCA). “This is the highest ever invested by any administration of the city,” she said, adding that, “this effort has maintained zero bombing and zero kidnapping in the city for more than three years already.” The peace and security budget has been spent on the enhanced police integrated patrol system in strategic areas, especially in coastal areas, and for the purchase of new police patrol cars and other equipment. Ms. Climaco said the local government is also focusing on the development of 11 islands in the east coast to boost tourism. For 2018, the city has P3.422 billion total budget, which is 9.4% higher than the 2017 allocation. — Albert F. Arcilla