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Bangsamoro commission says BBL draft going to plenary more inclusive

OPAPP

THE BANGSAMORO Basic Law (BBL) draft under House Bill (HB) 6475, jointly approved by three House committees on Monday and to be taken up in plenary, is an enhanced version of the previous drafts, according to the Bangsamoro Transition Commission (BTC). In a post on its Web site, the BTC said HB 6475, which is the same version BTC submitted as its final draft, “has just enhanced provisions that need to be strengthened, elaborated and/or further clarified, taking into greater consideration the principles of widest inclusivity among Bangsamoro sectors and other stakeholders.” Among its improvements is the increase of the Bangsamoro Parliament members from 60 to at least 80. If passed into law, the new Bangsamoro will replace the Autonomous Region in Muslim Mindanao. — Charmaine A. Tadalan

6 ARMM electricity co-ops to receive equipment from JICA-NEA project

THE NATIONAL Electrification Administration (NEA) is buying distribution line materials and new boom trucks from a Japanese company as part of a ¥771-million (about P375.5 million) grant from Japan aimed at improving the power distribution system in the Autonomous Region in Muslim Mindanao (ARMM).
NEA Administrator Edgardo R. Masongsong said the Philippines, through NEA, is expressing “deep appreciation” to the Japanese government, through the Japan International Cooperation Agency (JICA), for the response to the administration’s call for help in the country’s electrification program in the Bangsamoro area.
“The assistance will further the development of the ARMM, especially the BASULTA (Basilan, Sulu and Tawi-Tawi) area which had been identified by the President as a priority for socio-economic development,” he said in a statement.
General trading company Nishizawa Ltd., which bested four other Japanese participants in the bidding, will supply and deliver the power distribution equipment and materials, such as 16 boom trucks, 425 units of transformers, poles, and wires to six beneficiary electricity cooperatives.
The Japanese firm will also be in charge of the implementation of training, focusing on the handling of insulated wire and operation of the boom trucks.
The project recipients are Lanao del Sur Electric Cooperative, Inc., Maguindanao Electric Cooperative, Inc., Basilan Electric Cooperative, Inc., Sulu Electric Cooperative, Inc., Tawi-Tawi Electric Cooperative, Inc., and Siasi Electric Cooperative, Inc. — Victor V. Saulon

Nation at a Glance — (04/18/18)

News stories from across the nation. Visit www.bworldonline.com (section: The Nation) to read more national and regional news from the Philippines.

Consortium proposes integrated provincial bus terminal in Bocaue

Private consortium North Luzon Express Terminals Inc (NLET) has proposed an integrated bus terminal in Bocaue, Bulacan to service provincial bus riders in areas north of Metro Manila.
Below is NLET’s statement released on Tuesday, April 17:
In support of the Philippine government’s road transport initiatives led by the Department of Transportation, the North Luzon Express Terminal Inc. proposes the development of the intermodal North Luzon Express Terminal Project, an integrated bus terminal facility for the northbound provincial buses strategically located beside the world class “Philippine Arena”, the world’s largest indoor arena.
The North Luzon Express Terminal, which will be called as NLET, will be located near the regional growth centers of (Subic-Clark-Tarlac) where the new urban core, Clark Green City and gateway ports are situated. NLET is a transit oriented development that will promote the Bulacan Province by complementing its urban expansion in the areas of Bocaue, Obando, Sta. Maria, Meycauyan, Marilao and other nearby places. Although outside Mega Manila, NLET is still in close proximity to the urban city as it is only located along NLEX highway at Ciudad De Victoria, Bocaue, Bulacan. It is easily accessible to bus operators and passengers making it the most ideal location for an integrated bus terminal system having an area of 11.5 hectares that can surely accommodate all north bus operators and their buses.
At present, we have approximately 3,705 northern provincial buses which enter Mega Manila, not to mention around 5,900 city buses that cause severe traffic conditions that adversely affect the country’s economy and people’s quality of living. Based on JICA’s Report, the worsening traffic in Mega Manila now costs around 3.5 Billion Pesos a day in lost opportunity. This will increase to 6.0 Billion Pesos a day by 2030 if nothing is done.
To decongest traffic in Mega Manila, it has been recommended that transport intervention should include the improvement of bus services through an intermodal bus terminal and interchange facility ideally located outside Mega Manila. The NLET supports this initiative of DOTr, led by Secretary Tugade, in providing effective interconnections between different modes of transport services through an integrated transport bus terminal at par with international standards.
Ultimately, NLET’s main objective is to ensure efficient and seamless travel for the commuting public which is estimated to be 96,286 provincial bus passengers at the Northern region every day.
Provincial bus passengers will highly benefit from reduced walking, reduced transfer distances, better integration of facilities and increased safety as they need only to go to one integrated bus terminal that provides them options from a variety of bus operators found in one location.
For the bus operators, locating the integrated bus terminal north of Mega Manila will reduce provincial bus operating costs due to their shortened routes that will end at Philippine Arena and lesser maintenance costs from their individual terminals inside Mega Manila.
Without a doubt, this Project will result in traffic decongestion, reduced travel time and lower vehicle operations.

Reorganization returns NFA to control of DA

AGRICULTURE Secretary Emmanuel F. Piñol will take over as chairman of the National Food Authority (NFA) council after a government reorganization that brought the NFA back under the control of the Department of Agriculture (DA), the presidential spokesman said.
“Since the NFA is again an attached agency of the DA, there is no need for the Office of the President to be in the Council,” Herminio L. Roque, Jr. said in televised briefing in Boracay on Tuesday, April 17.
Mr. Roque was referring to the NFA’s former status as an agency controlled by the Office of the President. The NFA Council’s former chairman was Cabinet Secretary Leoncio B. Evasco, Jr.
In a statement, Mr. Piñol said that along with the NFA, “the Philippine Coconut Authority (PCA) and the Fertilizer and Pesticides Authority (FPA)” will also be placed under the DA’s control.
“As Agriculture Secretary and on behalf of people working with me, we accept the added responsibility and challenge. The return of these three agencies to DA will further strengthen the department’s capability to undertake its mission to provide available and affordable food for the Filipino people,” Mr. Piñol said.
He said the DA will ensure that the NFA will build up its rice buffer stock to a level good for at least 60 days’ consumption, in accordance with a presidential directive.
Reuters reported that President Rodrigo R. Duterte ordered the NFA to build up its buffer stock to 60 days, by buying more locally produced grains and imported varieties.
It said a 60-day buffer stock is equivalent to a reserve of as much as 1.92 million tons. The NFA had an inventory of only 43,500 tons, or less than two days of national consumption, as of last month.
“Buy from the Filipino farmers first and if you cannot find sufficient stocks to be bought at the price approved by the NFA Council, that’s the time you source it through importation,” Mr. Duterte told NFA management on Monday night, according to Mr. Piñol.
In a meeting with the NFA Council, Mr. Duterte also directed Finance Secretary Carlos G. Dominguez III to help provide funds for NFA’s local rice procurement program, saying he would like the agency’s warehouses “filled to the roof” to ensure sufficient supply, Reuters quoted Mr. Piñol as saying.
The council, composed of government economic managers, has approved the purchase by the NFA of 250,000 tons via a tender open to international traders and suppliers, for delivery starting May, ahead of the lean season starting July.
The NFA is also set to buy another 250,000-ton shipment in a government-to-government deal with Vietnam or Thailand, for delivery starting next month.
Mr. Duterte also directed the NFA to increase its buying price for domestic rice to raise the buffer stock, Mr. Piñol said in a statement posted on his Facebook account.
According to Mr. Roque, the President announced the reorganization of the NFA Council during a meeting at the Palace on Monday, April 16.
At the meeting, the President also authorized “the importation of 250,000 MT through government-to-government (G2G) mode to replenish the rice inventory. Imported rice is set to arrive soon.”
Mr. Roque also said that a council member, the Development Bank of the Philippines (DBP), “has requested to be relieved from the Council, so that it may focus on its other projects, which request was approved. The Department of Social Welfare and Development (DSWD) will take the place of DBP.”
For his part, Mr. Evasco said: “I fully respect the decision of the President given the encompassing nature and impact of the National Food Authority on the Filipino people and the farmers.”
“We have put in place several policy guidelines that have provided a more transparent, competitive, inclusive and accountable system of procurement and distribution of NFA rice as a result of more than 20 council meetings since my designation by the President as NFA Council Chair.”
Mr. Evasco said he “believes that NFA can now move forward towards ensuring that corrupt, exclusive and debt-ridden practices during the past administrations will not reign in the next transactions to pass.” — Arjay L. Balinbin, Reuters

Sugary beverage tax raises P6B in Q1

THE BUREAU of Internal Revenue (BIR) collected about P6 billion from the new sugary drinks tax in the first three months of the year, in the tax’s first year of implementation.
“For sugar-sweetened (beverages), we collected P6 billion,” BIR Commissioner Caesar R. Dulay told reporters on Monday.
The BIR issued a Revenue Memorandum Circular (RMC) in January providing interim instructions for collecting the excise tax for sugar-sweetened beverages (SSB). The RMC provides for the payment of the tax before the sweetened beverages are removed from the place of production.
The memorandum also noted that SSB taxpayers are only allowed to pay manually over-the-counter at authorized agent banks in their Revenue Districts pending the tax’s inclusion in the BIR’s electronic payment platform.
BIR Deputy Commissioner Marissa O. Cabreros said that the draft Revenue Regulation (RR) for the filing of SSB excise tax returns is now with the Department of Finance (DoF) for final approval.
“There is a workaround with reference to temporary instruction on returns to be filed using the usual payment form, but eventually it will be institutionalized,” she said.
“So far the RR on SSB is being reviewed by the DoF,” Ms. Cabreros added.
Republic Act No. 10963, or the Tax Reform for Acceleration and Inclusion Law, among others, imposes a P6 per liter tax on beverages with caloric sweeteners and P12 per liter for those sweetened with high-fructose corn syrup.
Ms. Cabreros said that the new RR will identify the beverage manufacturers paying SSB excise taxes to facilitate monitoring.
She added that she expects collections from beverage manufacturers to increase further once the bureau releases the RR.
“It’s the first time for them to be part of the excise tax family or tax structure. So it’s really being refined; there are several consultations being made with the stakeholders because we don’t want to be overburdened with something that is not practical… at the same time we want to make it easier for them to comply and also easier for us to monitor and verify their reporting,” she said.
Ms. Cabreros said entities that avoid the tax during the transition period can still be audited for up to 10 years. — Elijah Joseph C. Tubayan

Government confident of reducing corruption in infrastructure projects

THE DEPARTMENT of Finance (DoF) said the government is confident that its big-ticket infrastructure projects will be completed as scheduled with minimal corruption.
The DoF said in a statement that Secretary Carlos G. Dominguez III, told ASEAN finance ministers and central bank governors on April 5 in Singapore that “we have managed to reduce corruption to the barest minimum in all our government efforts. We have started the projects.”
“The projects are going quickly, and we are very, very confident that they are going to be completed on time with no corruption,” he added.
Asked about the procedures for reducing corruption, Mr. Dominguez said the government required “contractors of China-funded Projects to be officially endorsed by the government of China.” He added that other measures focused on project monitoring and preparation.
In January, the Asian Development Bank and the government established the Infrastructure Preparation and Innovation Facility (IPIF), which brings in experts to support implementing agencies in preparing their feasibility studies, detailed engineering design, bid document preparation, and due diligence review, among others.
Mr. Dominguez also noted that initiating projects with government funding and official development assistance (ODA) accelerated implementation compared to projects implemented purely via Public Private Partnerships (PPP). The latter method, he said, takes up ”too much time” in negotiating contracts, deciding on cost recovery issues and resolving legal disputes among contesting private bidders.
He added financing projects via bond issues also “speeds up project execution, reduces completion risk and delivers the economic benefits to the people as soon as possible.”
Mr. Dominguez cited as examples of work making good progress the P9.3-billion Clark International Airport Expansion project and the first phase of the Metro Manila subway.
However, the DoF said that it has not ruled out PPPs entirely, as it remains open to unsolicited proposals, as long as private firms introduce new technology to the project, and do not require direct government guarantees.
President Rodrigo R. Duterte in January said that the government will focus on unsolicited proposals subject to Swiss challenge for private procurement to sidestep the public bidding process, which he said was prone to corruption.
The Swiss challenge system subjects unsolicited project proposals from the private sector to a counter-offer process, with the original proponent having the option to top the counter-bid.
The government plans to spend some P8.4 trillion to boost economic growth to 7-8% this year until the end of its term from the 6.3% average growth rate in 2010-2015 and the 6.7% logged in 2017. — Elijah Joseph C. Tubayan

Philippine consumers shifting to higher-volume FMCG purchases — Kantar Worldpanel

FILIPINO consumers purchased more Fast-Moving Consumer Goods (FMCGs) in bulk in 2017 across many product categories, consumer research firm Kantar Worldpanel said, citing the results of a study.
Kantar Worldpanel Philippines said the volume of goods purchased per shopping trip rose an average of 6.3% in 2017, with increases noted in volumes of food, beverages, and non-food items.
Three thousand households in rural and urban areas participated in the study
“There could be two factors why Filipinos are buying greater volumes of FMCG goods: consumers are realizing the value-for-money proposition that bigger packs bring and at the same time, it demonstrates the need for convenience or to minimize the need for shopping trips,” Kantar Worldpanel New Business Development Director Lourdes Deocareza said in a statement.
In the beverage category, study participants bought 700 milliliters (ml) more on average per shopping trip in 2017, with volumes of instant coffee rising 14% year-on-year, those of powdered tea rising 18% in powdered tea, and those of powdered chocolate up 12%. Volume of milk purchases also rose 84 ml on average per shopping trip.
Beverage volumes purchased grew an average of 7% per shopping trip, Kantar said.
In the food category volumes rose per purchase of instant noodles and cooking oil. Kantar Worldpanel also saw bigger purchases for emerging categories such as cereals and oatmeal products.
Consumers also purchased larger volumes of cleaning and personal care products, with volumes of dishwashing products up 10% on average, while that of multipurpose cleaners rose 15%.
In the personal care category, rubbing alcohol and hair conditioner volumes rose 11% and 5%, respectively.
Kantar Worldpanel said the upsizing trend was observed in various segments including those from class DE homes and from urban areas in Visayas and Mindanao.
“The categories that are considered basic or staples and those that will likely be used by most members of the home are the ones that tend to be bought in larger pack sizes,” Ms. Deocareza said. — Arra B. Francia

PHL signs air services agreement with Maldives

THE Philippines and the Maldives have signed an air services agreement, paving the way for the launch of direct flights between the two countries.
The Department of Transportation (DoTr) and the Civil Aeronautics Board said in a statement that the two countries concluded the agreement on April 17, after negotiators met in Manila on April 16-17 to draft the agreement.
The agreement allows for an initial entitlement of 1,200 seats weekly for each country’s designated airlines between Manila and the Maldives.
Flights originating from or going to locations outside Manila will be unlimited, in line with the government policy of promoting other gateways in the Philippines.
DoTr Undersecretary for Aviation Manuel Antonio L. Tamayo said in a text message that negotiations on the allocation of seats will follow.
The Philippine air panel was led by the Department of Foreign Affairs, with representatives from the DoTr, CAB, Department of Tourism, Department of Trade and Industry, and the Department of Labor and Employment as members.
The Maldives delegation was composed of senior officials of the Maldives Civil Aviation Authority. — Patrizia Paola C. Marcelo

Marking one year of Build, Build, Build

During the Boao Forum held in China last week, President Duterte said that the country’s Build, Build, Build (BBB) program will provide the solid backbone for growth.
Indeed, several analysts have cited the administration’s ability to execute its infrastructure program as an important factor for achieving our growth targets. To the administration’s credit, it has exerted a concerted effort to put together an infrastructure plan and promote it aggressively.
As the BBB marks one year since its launch in April 2017, it is high time to revisit the government’s infrastructure agenda and examine how the Duterte government has fared so far.
Recently, the Stratbase ADR Institute hosted a round table forum to discuss the Special Study written by Dr. Alvin Ang on “Financing Inclusive Infrastructure.” Dr. Ang’s study tackles the Official Development Assistance (ODA) and Public Private Partnership (PPP) debate and explores how infrastructure can become more inclusive to benefit a wider segment of the Filipino population. Experts also discussed challenges surrounding the government’s infrastructure plans and offered solutions to remedy these issues.
Although the Philippines has recorded stellar economic growth rates in the last few years, infrastructure investments have failed to keep pace with growing demand. Infrastructure to GDP spending, for example, averaged at only 2.4% from 2010 to 2016.
Consequently, the underinvestment in the sector has prevented us from reaching our full economic potential. JICA estimates that traffic congestion in Metro Manila now costs P3.5 billion in lost opportunities every day, a 45% increase from P2.4 billion in 2012. Unsurprisingly, several global rankings have scored the Philippines poorly in infrastructure quality.
In an effort to overturn our dismal performance, the Duterte administration promised to allocate record-breaking funds into the sector to usher in the “golden age of infrastructure.”
Unlike the Aquino administration, which was bogged down with scrutinizing deals made during Arroyo’s term, the Duterte administration quickly expanded on the plans and projects of its predecessors. Also in contrast to the Aquino government, the Duterte administration has decided to tap more into overseas financing. Several conglomerates have felt sidelined with the administration’s decision to favor ODA over PPP, especially for its flagship projects.
Notwithstanding this shift, the government’s aggressive infrastructure campaign has so far yielded promising results.
In 2017, infrastructure to GDP spending reached 3.6% and exceeded its target by P19.4 billion. This trend is expected to continue this year as the government has committed to roll out infrastructure projects in “full steam.” Reforms are also underway to speed up project implementation, such as a shift to an annual cash-based system, forcing government agencies to improve budget execution. A budget reform bill is also pending in Congress to institutionalize reforms in financial management, budgeting, and accountability.
build build build
In addition to increasing spending levels, it is also equally, if not more, important to consider what type of projects we’re investing in, where these projects will be located, as well as to ensure that these projects will generate optimal socioeconomic returns.
Prof. Epictetus Patalinghug, a trustee and convenor at Stratbase ADRi, pointed out that infrastructure may have a larger impact if it is invested in rural projects. Indonesia and Malaysia, for example, have reduced their poverty rates faster because they concentrated on rural infrastructure provision. China’s township and village enterprises, which also prioritized rural areas, was instrumental in propping up the Chinese economy.
Locally, the BBB’s less popular relative, the Three-Year Rolling Infrastructure Program (TRIP), deserves equal exposure. The TRIP covers 4,895 smaller infrastructure projects that will be rolled out within the next three years. A little under a third of these projects will be implemented in the five poorest regions in the country.
Prof. Patalinghug also observed that infrastructure spending has so far been directed towards funding new projects. However, project maintenance merits equal attention. The rates of return from World Bank-assisted road maintenance projects, for example, were nearly twice those of road construction projects.
While the improved infrastructure spending is promising, there are several problems the government still needs to overcome.
For instance, there have often been huge delays between project approval and project execution. Thus, the promise of increased infrastructure spending must come hand in hand with correcting institutional weaknesses, addressing absorptive capacity constraints, poor project evaluation and project selection, as well as tackling corruption. The continuity of infrastructure plans should also be ensured, especially since the scale of the BBB projects suggests that its completion dates will most likely spill over to the next administration.
According to experts, these execution bottlenecks are more pressing than concerns on which financing mode is more superior, since the PPP and ODA have their own strengths and weaknesses. A project should instead be assessed to determine which financing scheme is most appropriate for it.
Ultimately, the main issue here is whether the government can overcome these execution challenges.
As Dr. Alvin Ang pointed out, this year will be critical in that the Duterte administration should be able to deliver a much-improved infrastructure spending and faster implementation of programs. Filipinos are of course expecting concrete developments, rather than just mere lip service.
If successful, the BBB could become the Duterte administration’s legacy program. Otherwise, Duterte’s popularity might be eroded sooner if he fails to meet expectations.
 
Weslene Uy is a Senior Economic Research Analyst of the Stratbase ADR Institute.

The TRAIN in the eyes of the DoF and BIR

The law cannot just be gauged on the basis of its provision. One should consider how its administrator views it. It should be recalled Congress recently passed the Tax Reform for Acceleration and Inclusion (TRAIN) Act, with the veto of its certain provisions. It would thus be interesting to see how the government, through the Department of Finance (DoF) specifically the Bureau of Internal Revenue, implements the most recent revisions to the Philippine Tax Code.
Under the law, the DoF is mandated to issue its implementing regulations up to Jan. 30.
Within this timeframe, the DoF was able to issue the implementing regulations on petroleum products, tobacco products, stamp duties, and automobiles. The DoF subsequently issued the regulations on income tax, stock transaction tax, updated withholding tax, transfer tax, and VAT. It has not yet released the regulations on sweetened beverages and cosmetic procedures. The delay is understandable given the limited period given to DoF.
But how do the DoF and BIR view the TRAIN? Do they share the view of the legislators? There seems to be some divergence, and in certain cases, a muscle flexing interpretation of an existing provision not touched by the TRAIN.
A CASE OF MUSCLE FLEXING
An example of muscle flexing is RMC 12-2018. The BIR has adopted a stance that it may access information shared by clients with their lawyers and accountants.
Under the Rules of Court, information shared with lawyers are not only confidential but also privileged communication. In contrast, those shared with accountants are only regarded as confidential. The Accountancy law permits an administrative tribunal like the BIR to subpoena them.
The BIR cites as basis the lawyers’ ethical canon. It mandates a lawyer to reveal clients’ secrets “when required by law.” According to BIR, it refers to the Tax Code provision authorizing the Commissioner to obtain third- party information. The crux of the controversy: which is more important, the right of the BIR to gather information or the rule permitting a client to freely disclose information to his lawyer? It should be the latter.
CONGRESS SHOULD HAVE MADE ITS INTENTION CLEARER
The TRAIN eased compliance with reporting requirements. It has removed the DoF’s authority to prescribe the filing of monthly returns. Taxpayers are only mandated to file quarterly returns. The DoF has recognized this, but insisted taxpayers should still file monthly remittance forms. They hold the amount withheld in trust for the government. It remains to be seen whether this will ease taxpayers’ reporting.
In any case, the delay in filing these forms should not have the same consequences that attach with the delay in filing tax returns.
Employers must still file monthly compensation withholding tax (CWT) returns. Congress likely failed to note the special chapter on CWT when it removed the DoF’s authority to prescribe monthly returns. Per DoF, this requirement stays since the TRAIN did not remove it.
The case is different with regard to the fringe benefit tax (FBT). Even though the TRAIN (and the presidential veto) did not specifically remove the special FBT for certain personnel of foreign branches (like Regional Headquarters), the DoF’s position is that it has been removed. It is implied from the president’s veto on their preferential income tax. This is now subject of a court case.
Finally, the DoF is silent when the transfer is “made in the ordinary course of business (a transaction which is a bona fide, at arm’s length, and free from any donative intent),” which under the TRAIN should not give rise to an implied donation. This has been a source of dispute with BIR when securing a clearance for share transfers. The DoF is also silent when the “tax-free exchange” (like corporate restructuring) is VAT-free. Hopefully, the BIR would act on taxpayers’ requests involving these transactions without the issues they raised in the past.
It is the turn of the courts in proper cases to determine whether the DoF has acted beyond its mandate in making these issuances, or the BIR in implementing them. Taxpayers must remain vigilant, and if necessary request Congress for corrective legislation.
This article is for general informational and educational purposes only and not offered as and does not constitute legal advice or legal opinion.
 
Eric R. Recalde presently heads the Tax Department of Angara Abello Concepcion Regala & Cruz Law Offices. He assists clients in different fields of law, including Taxation, Trusts & Estates, Mergers & Acquisitions, Investment Law, Government Contracts, Public Private Partnership Arrangements and Privatization Projects, Antitrust & Trade Regulation.
errecalde@accralaw.com
(02) 830-8000

A biased Supreme Court, threat to our fragile democracy

Unless The Supreme Court, sitting as the Presidential Electoral Tribunal (PET) reverses itself on its position that a resolution issued in Year 2010 stipulating a minimum of 50% shading of the ballot ovals is required for validation of the ballot, its bias for the rich will become even more obvious. The Comelec had recognized a 25% shading threshold in an en banc resolution.
In response to her letter request to Comelec for guidance, following the protest filing in July 2016 by Ferdinand Marcos, Jr., Comelec Oversight Commissioner for the Random Manual Audit (RMA) Luie Tito Guia had written a memo to lawyer Felipa Anama, Clerk of the PET, informing the Supreme Court that the vote counting machines had been configured in May 2016 to count ovals with minimum shading of 25%. This threshold was considered adequate for preventing counting of accidental markings or unintended errors, and ensuring intentional votes are counted. In this country where a great majority are not used to reading and writing much, this makes sense.
The PET says it is “not aware” of such a Comelec Resolution. All it has to do is take the trouble to look for the document which should be in their files, and which was signed by then Comelec Commissioner Andres Bautista, Commissioners Guia, Christian Lim, Rowena Guanzon, Al Parreno, Arthur Lim, and Sheriff Abas. The en banc resolution formalized an agreement earlier and demonstrated by technology supplier Smartmatic prior to the May election that a 25% threshold was sensible and doable.
This development which seems to have escaped notice by major media channels is crucial to the survival of our increasingly threatened democracy. If Marcos Jr. is declared the winner in this protest, it can be attributed to this decision by the PET to stick to its guns on the 50% threshold whatever the evidence. It will also open up other protests from election losers from all over the country. It will be a major tragedy for the Filipino nation.
It will make all our marching in the streets starting from the assassination of Ninoy Aquino in 1983 until we deposed the dictator Marcos on EDSA in 1987 an arduous but futile undertaking.
The Marcos protest has been a grueling journey for Vice-President Leni Robredo who was, after all, a reluctant candidate who accepted her duty despite seemingly hopeless odds, especially not having the money for campaign financing. She had worked extremely hard from a starting base of 1% “likely to vote” to a final victory. The financial burdens placed on her and her supporters by the Marcos protest have been awesome. The Supreme Court even disallowed some of her donors from contributing to her protest expenses; at the same time that Marcos Jr. handily paid his millions, claiming that he, haha, had raised the money with help from friends.
This same Supreme Court has just recently revived a dormant case against Philippine Airlines (PAL) which FASAP (the Flight Attendants and Stewards Association of PAL) had won twice. Suddenly, out of the blue, the SC decided the FASAP illegal dismissal case in favor of the extremely wealthy PAL controlled by Lucio Tan who had earlier been convicted for tax evasion.
A few years ago, the Supreme Court, majority of whom were appointed by then President Gloria Macapagal Arroyo, and who, it seems were recommended by celebrity lawyer Estelito Mendoza, decided to award 20% shares of San Miguel Corporation to claimant Eduardo Cojuangco, Jr., who had funded purchase of the shares with coco levy funds held in the United Coconut Planters Bank of which he was then CEO. The ponente, Lucas Bersamin had stated in his opinion that the SC had decided that there was “no evidence,” haha, that Cojuangco was a Marcos crony. Here is another case of the rich (Cojuangco) winning over the poor (coconut farmers) notwithstanding the evidence.
I wonder whether new appointments to the Supreme Court which current President Rodrigo R. Duterte will be able to appoint during his 6-year term will improve the odds of obtaining fair justice for all in the Court of Last Resort.
The SC’s decision sitting as PET on the Marcos electoral protest vs. Vice-President Leni Robredo is crucial for the survival of our electoral democracy. Validation of the Marcos protest can lead to chaos, and who knows, the end to our democratic freedoms, including the right to choose our leaders through free and fair elections. We cannot let the situation proceed on this frightening course.
 
Teresa S. Abesamis is a former professor at the Asian Institute of Management and an independent development management consultant.
tsabesamis0114@yahoo.com

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