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NFL: Lions down Bears to keep playoff hopes alive

LOS ANGELES — Matthew Stafford threw two touchdown passes Saturday as the Detroit Lions kept their National Football League (NFL) playoff hopes alive with a 20-10 home victory over the Chicago Bears.

Stafford completed 25 of 33 passes for 237 yards. Tight end Eric Ebron caught five passes for 33 yards and a score for the Lions, who improved to 8-6.

Darius Slay highlighted a strong defensive performance for the Lions, intercepting two passes as Bears rookie quarterback Mitchell Trubisky was picked off three times.

Trubisky completed 31 passes for a career high 314 yards and a touchdown. But Chicago running back Jordan Howard, who came into the contest with 1,032 rushing yards, was limited to 37 yards on 10 carries.

Slay intercepted a Trubisky pass in the opening minute of the second half and the Lions cashed in on Stafford’s eight-yard TD pass to Ebron for a 20-3 lead.

Early in the fourth quarter Chicago were within Detroit’s 10 yard line, but Trubisky was intercepted again, this time by safety Quandre Diggs, in the end zone.

Trubisky connected on a nine-yard scoring pass to Benny Cunningham with 2:32 remaining, but it was window dressing.

The Lions had led 13-3 at halftime with early field goals by Matt Prater and a touchdown pass from Stafford to TJ Jones.

The Bears would have been shut out in the half if not for Detroit running back Theo Riddick’s fumble at his 27 yard line in the closing seconds. That was followed by Mike Nugent’s 41-yard field goal for Chicago with two seconds remaining in the first half.

The Lions improved to 8-6 to remain in the hunt for a National Football Conference playoff spot, although they’ll need some help from other teams the NFC wild card race to get there. — AFP

MRT-3: Where did it all go wrong?

A lethal cocktail of bad engineering choices, politically driven decisions, and mismanagement made MRT-3 the mass-moving hazard it is today.

The series of errors started back in 1995. It was at that year that a consortium led by the Fil-Estate Group, along with Ayala Land, Ramcar and the Campos Groups — formed a company called the Metro Rail Transit Corporation (MRTC). The consortium was awarded the contract to Build-Lease & Transfer the MRT-3 line traversing EDSA.

The contract called for MRTC to build the railway structure, construct twelve stations along its span, purchase the rolling stock (the trains), and install its signaling system. The deal also made MRTC responsible for maintaining the system and procuring its spare parts. Government, through the then Department of Transportation and Communications, was in charge of the daily operations of the system.

Government was to pay the MRTC a lease rate equivalent to the amortized cost of the train line, plus a 16% per annum return on capital. After a period of 25 years (ending in 2025), the ownership of the line would revert back to government.

While a 16% return on capital is unusually high for a standard Build-Lease & Transfer contract, it has no bearing on the maintenance woes of the system. The problem lies on the type of rolling stock selected by MRTC.

See, the Czech-made Tarta RT8D5M was not the appropriate choice for a high-volume line like MRT-3 in the first place. Its specifications are more akin to a tramway that runs on street level, rather than that of a metro rail. Tramways are designed to run at varying speeds, often stopping to give way to traffic lights, intersections, and pedestrian crossways. They are not designed to operate at maximum speed and at maximum capacity, all the time, like a metro system can. Pushed to the limit, the tramways were bound to break-down given the stress of usage — and break-down they did.

The correct choice of rolling stock would have been one using metro-technology, similar to LRT-2, which can withstand higher operating strain.

In 2001, MRTC awarded the maintenance and the procurement of spare parts to Sumitomo under a “pass-through” agreement. A “pass-through agreement” is one where government paid the cost of maintenance and spare parts to MRTC, who, in turn, would forward payment to Sumitomo. The system worked well as it allowed Sumitomo to purchase the spare parts it needed to keep both the trains and rails in good condition. Under this arrangement, MRT-3 operated with relative reliability from 2001 to 2010.

DOTC: THE MANAGEMENT FROM HADES
In 2010, newly elected President Benigno S. C. Aquino III appointed Ping de Jesus as the Secretary of the DoTC. It was the same year that the pass-on agreement with Sumitomo was set to expire. Sec. De Jesus extended the Sumitomo contract for one more year to give him time to formulate an alternative plan for the maintenance of the trail line.

In early 2011, the DoTC crafted a plan to integrate the operations of MRT-3 and LRT-1 in preparation for the eventual expansion of LRT-1 to Cavite. The plan would have unified the maintenance systems of both train lines, a move that would have resulted in massive savings on maintenance costs.

Sumitomo was qualified to bid for the contract along with other international engineering groups. The bidding was to be held on July 2011.

A few weeks before the bidding date, however, Sec. De Jesus resigned from his post due to health reasons. Mar Roxas was assigned as his replacement. Roxas’s first act as the new DoTC Secretary was to cancel the bidding exercise.

Roxas’s move proved to be catastrophic. In one fell swoop, not only did Roxas trash a perfectly good long term maintenance plan for both MRT-3 and LRT-1, he also left MRT-3 with no maintenance contractor. Remember, by this time, the Sumitomo contract had expired.

Realizing his mistake, Roxas scrambled to renew the Sumitomo contract on annual and six-month terms. This was a bad decision since Sumitomo (or any other maintenance contractor, for that matter) would naturally not invest in long term preventive maintenance programs given the short term nature of its contract. The rolling stocks, rails and signaling systems began to deteriorate. This is when system failures began to occur.

In October 2012, Roxas awarded the maintenance contract to a firm called PH Trams CB & T. One of PH Trams’ six incorporators-directors was Wilson T. De Vera. It will be recalled that De Vera was the man accused by the Czech Ambassador of attempting to extort $30 million from Czech train maker Inekon back in July 2012. Also among its directors were Marlo de la Cruz and Manolo M. Maralit.

By this time, Roxas was moved to the DILG and Sec. Jun Abaya took over the helm of the DoTC. Abaya’s first act was to ratify the contract of PH Trams even if the bidding process was allegedly a fluke.

The terms of PH Trams contract was problematic too.

It called for PH Trams to provide the manpower for the maintenance of MRT-3, while government was to handle the procurement of spare parts. This proved to be a bad formula considering the tedious process of government procurement.

In most cases, government could not provide the spare parts on time. This left PH Trams with no choice but to resort to remedial repair work or “band-aid solutions” to keep the trains running. This caused the entire system to deteriorate even more rapidly. This went on for three years.

In 2015, the maintenance contract was awarded to SBI CB&T a Filipino-German partnership, and then, to Busan Universal Rail, Inc. in 2016. Given the short term contracts given to these firms, neither invested in long term solutions for MRT-3. The trains deteriorated to point where they became safety hazards. This was when derailments of trains and uncoupling of cars began to occur.

With one error of judgment after another, the MRT-3 line was left in a pitiful state. Most trains were out of commission due to damage and lack of spare parts. In fact, only 13 out of 73 trains were working as of February 2015. Too, the rails were in need of rehabilitation and the signaling system needed to be replaced.

With its back against the wall, the DoTC purchased 48 new train cars from Dalian of China. The new trains were meant to augment the aging and dilapidated Czech-made units. By this time, it was 2015 and the presidential campaign was in full swing with Mar Roxas running as the administration’s candidate.

Roxas was getting a lot of flack for the MRT-3 mess. He was desperate — he needed to show the public that relief was on the way.

He had the trains delivered from Dalian even without its motor, its couplers and signaling system just to have something to show.

The public relations stunt was not enough to assuage the anger of the public over the MRT-3 mess. In many respects, it cost Roxas’s his presidential bid.

MRT-3 UNDER THE DOTR
This year, the Department of Transportation (DoTr) was able to repair and use nine more Czech-made trains. A total of 22 trains now ply the line during peak hours. This is the most number of trains that the MRT has deployed since February 2013. Still, it is pitifully insufficient.

The DoTr terminated the maintenance services of BURI last September and is now maintaining the system on its own. Time will tell if the DoTr can do a better job.

What must be done now to fix the MRT-3 mess? There is quick fix solution. It requires a rehabilitation of the rails, a replacement of the trains to metro-type units, an upgrade of the signaling system and widening of the ingress/egress facilities of the stations.

MRT-3 presently 350,000 to 400,000 passengers a day. City planners expect daily ridership to top 1.1 million passengers by 2025. Clearly, something must be done lest the system collapse on its own weight.

Extensive repairs will necessitate the closure of the line and this can only be done if government can provide an alternative mode of transport for the public. This is why the Bus Rapid Transit (BRT) traversing EDSA needs to be put on line as soon as possible. Only then can repairs and upgrades to MRT-3 be done.

Unfortunately, construction of EDSA BRT will only take place in 2019, to be completed in 2021, if we’re lucky. From now until then, MRT-3 will remain as is, albeit with minor repairs to the rails and hopefully, the use of new Dalian-made trains. Meanwhile, let’s hope no more accidents occur.

 

Andrew J. Masigan is an economist.

Gift ideas for every type

SURPRISE YOUR traveler friend with a wristband that tracks his/her fitness; personalize a gift set for the beauty enthusiast; gift the fashionista with statement pieces that will never go out of style; and offer functional and sustainable items to an eco-friendly pal. Here are some ideas to save on online browsing time or strolling around the mall with no idea on what to buy. These items might just be the solution to your gift idea uncertainties.

THE ADVENTUROUS TRAVELER
Help the traveler keep track of their fitness in style with Fitbit trackers. The Fitbit Flex 2 (P5,490) is Fitbit’s first swim-proof fitness wristband (it comes in gold, rose gold, and silver) which could pass as a simple piece of jewelry. The Fitbit Alta HR (P8,490) is the world’s slimmest wrist-based, continuous heart rate tracking device — it comes in interchangeable leather and metal accessory bands. Lastly, the Fitbit Charge 2 (P8,490) features a connected GPS which tracks running routes, along with a display of new health and fitness tools, smart notifications, and interchangeable bands. Fitbit is available at Digital Walker, Beyond the Box, select Toby’s stores, iBOOK, Ambassador, Timeline, iCenter, Mobile1, iGadget World, Globe, and The Inbox Stores.

Trips are not complete without keeping memories alive through photographs — and these you get to see at once. You can take a close-up of that beautiful flower or that weird insect you found with the Instax Mini 9 (P4,499) which can photograph subjects as close as 35-cm. away with its close-up lens attachment. Lighting can be calibrated with its brightness adjustment dial. Only two AA size alkaline batteries are needed to start clicking away. The special bundle includes a unique diamond pouch sling bag, an Instax album, a mirror card, Japan-nice stickers, and 10 sheets of film. The Instax Mini 9 is available in flamingo pink, ice blue, lime green, cobalt blue and smoky white.

Comfortable shoes are a must as travel entails a lot of walking while exploring sights and scenes. Adidas has launched the Crazy collection with two new styles — the CrazyADV (P6,495) and Crazy 8 ADV PK (P6,995). The CrazyADV retains its distinctive futuristic design but is upgraded with premium nubuck across the upper, a premium sockfit neoprene interior for optimum fit, and a minimalist concealed lacing system. It is placed atop a dual-density PU tooling with branding details in the midsole and outsole. The Crazy 8 ADV PK features a full primeknit construction across the upper with distinctive textured stripes and vacuum-coated structural overlays.

Gift ideas 6
Tim Tam Ong’s “Far Away” earrings

Nothing completes the fashionable traveler’s look like having a piece of elegant luggage in tow. Brics offers the Capri collection for Fall/Winter 2017 — its trolleys are ultra–lightweight and temperature- and scratch-resistant as they boast of Makrolon® polycarbonate shell. They are designed with exquisite detailing and trimmed in full grain Tuscan leather. The trolleys range in price from P16,000 to P20,000. All pieces are available in SM Aura, Shangri-La Mall, and Ayala Malls Cebu.

THE BEAUTY BUFF
UK-based graphic artist Kate Moross collaborated with Kiehl’s on its biggest holiday collection. Local best-sellers include: Ultra Facial Cream (P1,575), a facial hydrator that leaves skin well-balanced and helps reduce moisture loss; Calendula Herbal-Extract Toner (P2,425), an alcohol-free toner for normal to dry or normal to oily skin; and Midnight Recovery Concentrate (P3,895), an oil elixir that restores the fresh appearance of skin. The holiday collection also includes customizable gift sets for those who wish to personalize their gifts.

Meanwhile, to achieve a holiday glow, St. Ives recently introduced the St. Ives Apricot Oil Scrub (P399), an antioxidant scrub with a mixture of Californian and North African apricots combined to 100% grape seed oil, and the St. Ives Coconut Oil Scrub (P399), a scrub with coconut shell powder added to grape seed oil that exfoliates and nourishes skin.

THE FLAMBOYANT DRESSER
The women’s selection in Zara’s 2017 Fall/Winter collection exudes a “girl boss” aura with power suits, oversized jackets, and cozy sweaters with stunning combinations of checks, extra-long sleeves, and wide shoulders. A contemporary spin is given to 1980s style with androgynous tailoring that perfectly suits a modern, go-getter woman. Meanwhile, a reinterpretation of boho creates a more nomadic feel through bold colors and details like fringe, faux fur, embroidery, jacquard, and other handmade textures. In addition, the collection includes a revival of stylish corsets and bustiers from the 1990s.

In the men’s section, one can find metallic details like tacks, plates, buckles, silver, and all-black details, rips and prints bring to mind a 1970s vibe. On the other hand, the Sinton collection highlights the use of sober lines with comfortable patterns sans the oversized shapes. Cool palettes of electric blue, gray, and touches of pink were inspired by a collection from English minimalist architecture and design.

For timeless style there is jeweller Tim Tam Ong Design’s new collection, “The Legend of the First Bloom,” which focuses on nature and pays tribute to its beauty and importance. The collection includes bangles, rings, and earrings with designs inspired by flowers and sea creatures with an intricate mix of stones and gold. For more information, e-mail ongtimtam@yahoo.com.ph or visit timtamongpage on Facebook or Instagram.

Then one could safely give the fashionista a Mademoiselle Longchamp — a new stylish calfskin bag with an edgy perforated motif. The bag’s details include an iconic clasp, signature hardware, and an enamel-finished wax seal. It comes in black, grey, warm cognac, and sunny mimosa.

THE ECO-WARRIOR
Give a gift and help save the planet in the process by shopping for WWF-Philippines’ Panda Shop products. Choose from sustainable items such as the WWF black and white canvas bags (P300), the reusable #NotPlastic glass bottle (P390), and a fashionable water-resistant watch made from bamboo (P3,999). Proceeds go to WWF-Philippines projects. Contact pandagifts@wwf.org.ph for orders. — Michelle Anne P. Soliman

Urduja out of PAR Thursday

TROPICAL STORM Urduja maintained its strength in the vicinity of Romblon province as of Sunday, Dec. 17, but is expected to be out of the country by Thursday morning, the state weather bureau said in a Sunday afternoon bulletin.

The same bulletin also advised, however, that as of 12 p.m. yesterday, a tropical depression outside the Philippine Area of Responsibility (PAR) was estimated at 1,950 km east of Mindanao with maximum sustained winds of 40 km/h near the center and gustiness of up to 50 km/h.

Meanwhile, “(s)cattered to at times widespread rains will continue over Southern Quezon, Batangas, Mindoro Provinces, Marinduque, Romblon, and Northern Palawan including Cuyo and Calamian Group of Islands,” the bulletin said of the current storm, which reportedly killed three as of Sunday’s tally.

Residents in these provinces were advised to “undertake appropriate measures against flooding and landslides and coordinate with their local disaster risk reduction and management offices,” the state weather bureau Philippine Atmospheric, Geophysical & Astronomical Services Administration (PAGASA) said.

On the other hand, rains over Bicol Region and Visayas are forecast to gradually weaken, the agency said.

For its part, the National Grid Corporation of the Philippines (NGCP) said on Sunday three transmission lines and facilities had been hit by the storm.

The power grid operator said Urduja first hit the Nasaug-San Isidro-San Miguel-St. Bernard 69-kilovolt (kV) line at 8:31 a.m., but this was restored at 6:12 p.m. on Saturday. The line serves the Southern Leyte Electric Cooperative.

The storm then hit the Babatngon-Arado 69-kV line at 8:22 a.m. yesterday, but this was partially restored at 4:50 p.m. the same day. The transmission line serves the Leyte Electric Cooperative II.

The Taft-Borongan-Quinapondan 69-kV Line on Eastern Samar went out at 9:25 a.m. also on Saturday. The line serves the Eastern Samar Electric Cooperative. No advisory was given yet on its restoration.

“Inspection and restoration of the affected lines will be in full swing as soon as the weather allows,” NGCP said.

Presidential spokesperson Harry L. Roque, Jr., for his part, said in part: “The Department of National Defense, through the National Disaster Risk Reduction and Management Council and the Office of Civil Defense, in coordination with concerned agencies of the government, is closely monitoring any possible weather disturbance and is working round the clock to render the necessary services.”

“As for Typhoon Urduja, the Department of Social Welfare and Development (DSWD) has mobilized relief operations to the affected parts of the country. DSWD-OIC Secretary Emmanuel Leyco assured that his agency has a stockpile of 368,000 family food packs worth P223 million, food and nonfood items worth P393 million and available standby funds amounting to P245 million,” Mr. Roque also said. — with Victor V. Saulon and Rosemarie A. Zamora

London museum to honor fashion giant Azzedine Alaia with 2018 show

LONDON — French-Tunisian fashion designer Azzedine Alaia will be honored by London’s Design Museum with a major exhibition next year following his death on Nov. 18 at the age of 77.

Azzedine Alaia: The Couturier will run from May 10 to Oct. 7, showcasing more than 60 pieces personally selected by the iconic designer.

“Azzedine Alaia was recognized throughout his life as a master couturier who expressed the timeless beauty of the female form in the most refined degree of haute couture,” the museum said.

“The Design Museum will now present this unique exhibition planned by Alaia himself, exploring his passion and energy for fashion as he himself intended it to be seen.”

Alaia was born to a farming family in Tunisia in 1940 and studied sculpture at the fine arts school in Tunis before working at a modest neighborhood dressmaker’s shop.

He rose to fame in the 1980s, refusing to march to the beat of international fashion weeks and instead releasing his collections in his own time, with scant concern for publicity.

He became known as the King of Cling for his form-fitting gowns.

“I like women,” he told AFP in a 2013 interview.

“I never think about doing new things, about being creative, but about making clothing that will make women beautiful.” — AFP

McGregor wants MMA fight next

NEW YORK — Mixed martial arts (MMA) star Conor McGregor, touted as a potential opponent for Filipino boxing icon Manny Pacquiao, has indicated he wants his next bout to be a return to the octagon rather than the ring.

Caught on video by the celebrity news site while out and about in New York, McGregor was asked about Pacquiao’s announcement last week that he had opened talks to fight McGregor.

Ireland’s McGregor hasn’t fought in mixed martial arts or boxing since losing a boxing bout to unbeaten Floyd Mayweather by a 10th-round technical knockout in their much-hyped bout in Las Vegas in August.

Showtime sports released final figures on Friday showing the cross-combat superfight drew the second-most North American pay-per-view buys in history with 4.3 million. Only one other fight — Mayweather’s 2015 clash with Pacquiao — has ever drawn more, racking up 4.6 million pay-per-view buys.

Showtime said in a statement that global revenues, including ticket sales, sponsorship and international distribution, for Mayweather-McGregor had exceeded $600 million. — AFP

Separation of powers in political practicum

Separation of Powers is not adhered to in Constitutional Law solely by virtue of its force as doctrine… It provides the structure for Limited Government, and the Power interrelationships indispensable to a Free and Independent Judiciary… It is, indeed, the cornerstone in the constitutional edifice. For as put in the French Declaration of the Rights of Man, without the separation of powers, there is no Constitution (Dean Perfecto V. Fernandez, “Separation of Powers as Juristic Imperative,” Philippine Law Journal volume 58, third quarter 1983).

The different powers of Legislation, Execution, and Adjudication are each lodged in a separate Branch of government… the Legislative, the Executive, and the Judicial branches. Each of these branches has a definite legal relationship to the others. Such relationships are summed up in the principles of equality and separation. On the principle of Equality, each Branch is the equal of the others; hence, it may not be controlled by the others, and in turn, it may not control either or both of them. On the principle of separation, each Branch is separate and distinct from the other branches, and may exercise only the Power lodged with it but not other Powers (Ibid.).

The vitality of the Separation of Powers is not affected by the Systems of Checks and Balances in its varied forms. The principle endures and prevails so long as two conditions obtain. First, the Tripartite System must exist, with Legislative, Executive and Judicial Branches. Second, No Branch must be empowered to prevent the functioning of the other Branches, or to exercise the Power or Powers belonging to them (Ibid.).

The doctrine of Separation of Powers in a democracy is described for us by the late Professor Perfecto V. Fernandez (1931-2000), “an august and imperial name in legal history,” as eulogized by Dean Pacifico Agabin of the University of the Philippines College of Law (Law Monitor: July 2000). Still, the Separation of Powers in Philippine government could be difficult to understand for the ordinary citizen: for what we see in the political practicum seems to be different from what should be, as explained by Prof. Fernandez.

Structurally, we have the Tripartite system of the separate and coequal Executive, Legislative and Judicial branches of government. But in thinking and in action, are they really separate and coequal? What if one branch offers itself to be controlled by another?

Barely a month after Rodrigo Duterte of the political party PDP-Laban was elected president by 14 million Filipinos on May 10, 2016, the losing Liberal Party (LP) formally expressed to him their support in the House of Representatives (The Philippine Star, June 8, 2016). Ironically, “data analyzed by ABS-CBN Investigative and Research showed that nearly half (116 out of 238) or 49% of (then) incoming district representatives are LP members; only three (including then Speaker aspirant Pantaleon Alvarez are from PDP-Laban, the political party of presumptive President Rodrigo Duterte (ABS-CBN News, May 23, 2016). Thus was formed the “super-majority” composed of the PDP-Laban, the LP, the Nacionalista Party of businessman Manuel Villar, the Nationalist People’s Coalition of tycoon Eduardo Cojuangco, Jr., the National Unity Party, Lakas of detained former president Gloria Macapagal-Arroyo and the Makabayan bloc, which consists of militant party-list representatives (Ibid.).

No more the multiparty system born of the 1986 Edsa People Power Revolution that ousted 14-year dictator Ferdinand E. Marcos, Sr., and his martial law single-party Kilusan ng Bagong Lipunan (KBL). Like the KBL, the present “super majority” might be called a single-party system, and the first disregard of the principle of equality and independence of each branch of government. Political analyst Richard Heydarian said that “Duterte has effectively consolidated power (and) partnership with the legislature (ABS-CBN, May 23. 2016).”

What more proof of this consolidation of power when “with a vote of 217 (yes)-4 (no)-0 (abstention), lawmakers approved House Resolution (HR) Number 1015 explaining lawmakers’ reasons for junking the impeachment complaint filed by opposition lawmaker and Magdalo Representative Gary Alejano (Rappler, May 30, 2017).” The complaint did not even have to go up to the Senate, and President Duterte is free of impeachment complaints for a year thereafter.

But it was clear even before this that the Legislature supported President Duterte more than any Congress has ever supported the incumbent Executive, especially in the aspect of staying in power.

On May 23, President Duterte declared martial law in the entire Mindanao amid the ongoing clashes between government troops and Maute group terrorists in Marawi City, as announced by presidential spokesman Ernesto Abella in a briefing in Moscow, where the President was meeting with top Russian officials (ABS CBN, May 23, 2017). He said martial law in the area will be in effect for 60 days, under constitutional limits.

The post-Marcos constitution imposed safeguards on martial law, including the requirement for Congress to approve its imposition and extension. Constitutional expert Christian Monsod, one of the framers of the 1987 Constitution said that the Senate and the House are mandated to convene jointly to discuss (not to approve) the declaration (philstar, May 29, 2017). Within the mandated 48 hours disclosure, Duterte submitted copies of Proclamation 216 declaring martial law in Mindanao to Senate President Aquilino Pimentel III and House Speaker Pantaleon Alvarez (Ibid.). But Congress was set to go on recess until July 24, and snubbed the requirement to jointly discuss and effectively ratify Proclamation 216 (Ibid.).

The Supreme Court can also rule on the legality of the declaration of martial law. However Duterte said in January 2017 he would ignore the constitutional safeguards if necessary, and may impose martial law across the nation. “I don’t care about the Supreme Court… because the right to preserve one’s life and my nation, my country transcends everything else,” he said (Agence France Presse, May 24, 2017). The Separation of Powers doctrine can be interpreted and applied in many ways.

Hours before the end of Duterte’s initial 60-day declaration of Martial Law in Mindanao, the Senate and the House of Representatives, in a Joint Session, voted overwhelmingly to approve the extension of martial law in Mindanao until Dec. 31 this year as sought by President Duterte (BusinessWorld, July 23, 2017). Sixteen senators voted to extend martial law and four against; the House of Representatives voted 245 in favor and 14 against (Ibid.).

It is near the first extension deadline, and President Duterte had written Congress for another extension of his declaration of martial law, citing continuing threats of ISIS-inspired terrorists, local terrorists groups and the New NPA (philstar, Dec. 13, 2017). This, despite the declaration of peace in Marawi by Duterte himself on Oct. 17 (UNTV, Oct. 20, 2017). Amidst questions of legality raised by some small bands of oppositionists and activist groups, the Senate voted 14-4 while the House voted 226-23 in favor of extending the declaration for another year during a joint session in the Congress Dec. 12 (Ibid.).

It seems that whatever Digong wants, Digong gets. No need to belabor the other shows of power of the Executive abetted by the Legislature, like the ongoing impeachment procedures in the House of Representatives of Chief Justice Maria Lourdes Sereno, and the proposed impeachment of the Ombudsman, Justice Conchita Carpio-Morales.

In layman’s language, what does this Separation of Powers really mean for us ordinary Filipinos?

 

Amelia H. C. Ylagan is a Doctor of Business Administration from the University of the Philippines.

ahcylagan@yahoo.com

PSE hopes to close PDS takeover before end-2017

THE Philippine Stock Exchange (PSE) is hopeful it can close its merger with the fixed income bourse before the year ends, as it faces only one more regulatory hurdle.

This statement follows the Philippine Competition Commission (PCC)’s recent announcement that it has cleared the merger of the PSE and the Philippine Dealing System Holdings Group (PDS Holdings), allowing both parties to move forward with the transaction.

“I hope it will happen by the end of the year, the reason I say that is because the PCC has cleared the deal. So that’s one regulatory obstacle that we have overcome. So the next is the SEC (Securities and Exchange Commission) exemptive relief,” PSE President Ramon S. Monzon told reporters in a press chat in Makati City last week.

The SEC has required the PSE bring down broker ownership to secure exemptive relief. Brokers currently own 27.9% of the bourse. For this, the PSE has committed to conduct a stock rights offering by February to bring down the ownership of trading participants to less than 20%.

“We filed a registration statement with the SEC… SEC knows all the filings that we made. There can be no doubt with the compliance plan. So hopefully it just involves a little more dialogue, a little more explanation, and if we’re successful on that before the end of the year, hopefully we can get exemptive relief from the SEC,” Mr. Monzon explained.

The PSE official said existing brokers will not be allowed to avail of the stocks, automatically diluting the ownership of trading participants.

The issuance involves 11.5 million shares in the PSE, which could raise P2.8 billion in funds for the bourse. Mr. Monzon said they tapped BDO Capital & Investment Corp. and First Metro Investment Corp. for the offering, with book-building scheduled for January and listing at the PSE slated for February.

“So with our computation, with the 11.5 million shares that we will be offering as stock rights, we believe the final ownership of the brokers of the PSE would be a little less than 20%. The 20% is the required statutory requirement. But we believe that we will actually achieve less than 20%,” Mr. Monzon said.

To recall, the PSE has been holding talks with the PDS group and various regulatory boards to make the merger of the two markets possible. Within this period, the PSE has been able to increase its ownership in the PDS group to around 60%.

The PSE said the merger of the two markets would help them achieve synergies in operations.

“For the market, the single exchange set-up helps achieve efficiencies, reduce risks, and facilitate the development of new products,” the PSE said in an earlier disclosure. — Arra B. Francia

LETTER TO THE EDITOR | Vaccination or immunization?

‏Twice have I been designated as expert resource person to the Senate hearings on the recent dengue vaccination debacle. Many in the media called me “whistleblower,” but instead of fear, I am instead moved with much concern.

‏Observing the events unfold and hearing the sentiment of the people, I think I share a burning question with many others: Was this a well-designed, planned and implemented mass vaccination campaign during the 2016 national elections? Or was this a well-designed,
‏planned and implemented mass campaign using immunization during the 2016 national elections?

‏I am only a public health advocate, hence I cannot comment on the latter. Let the seasoned
‏politicians debate whether or not mass vaccination was a good election campaign strategy.

‏However, it if it were the former, the following should have happened:

‏First, the designated subnational program manager would have the experience and expertise in running a new vaccination initiative which includes major components like vaccine services and sessions, vaccine cold chain logistics, behavior change communication and ‏health promotion, social mobilization and community participation, disease surveillance, and monitoring and evaluation with coverage surveys. It is worthy to note the Philippine Children’s Medical Center (PCMC) had none of these competencies. The main reason why PCMC was selected is directly attributable to the late issuance of the Special Allotment Release Order (SARO) authority to incur obligations, and the DOH practice of sub-allotting ‏funds to government medical centers to procure items for the department’s central office.

‏Second, when one plans for a new, big health project, the primary consideration is its “highest chance of success.” ‏If the target vaccinees were Grade 4 school children and the vaccination sites will be their public schools, “the highest chance of success” would be to conduct the event when the students, teachers and even parents are all around — when there are classes.

‏Third, vaccination and health promotion are twin interventions in immunization programs.

‏The most effective prevention in any public health program which targets disease reduction is improving health literacy among mothers, families and communities. After all, they are the primary producers of health — not the DOH, nor LGUs and international agencies.

‏Disclosing pertinent information to the mothers and children is particularly mandatory in routine immunization.

‏On another equally important matter, the issue of “bad science” — the newest pronouncement in a recent hearing — which sees decision-makers receiving bad advice seems to me providential. Experts sounded the alarm as early as March 2016. The DOH then did not care to listen. It was full steam ahead.

‏For whatever reason, DOH found the time and urgency to implement the “mass vaccination campaign” during the 2016 national elections. From the other field, from nowhere, came the November 27 announcement of Sanofi Pasteur. If this is not providential I do not know what is.

‏A career public servant of more than three decades stated under oath, “health and politics do not mix,” and immediately after, another who served more than five decades (and is presently a senator) agreed with this patriot lady.

‏These investigations will continue to pick up until early next year, but so far, there are core issues that must challenge everyone involved:

‏This is a real-life nightmare for Filipino families and children. Greed and politics exposed 830,000 health children to potential harm and their parents to unnecessary worry that can extend decades. The only way to allay fear and confusion is to provide timely and correct information to the victims. This should have been done in the beginning. Without this information, there should have been no vaccination. But there was no full disclosure. No parental consent.

‏Imperfect science cannot conceal what is perfectly clear: people got greedy. Sanofi Pasteur is the manufacturer and supplier of Dengvaxia. DOH is the contracting party.

‏Even without the “bad science” issue, there were apparent red flags in the procurement and delivery of the new vaccination services. During the December 11, 2017 Senate hearing, I stated under oath:

‏• There is an ongoing wide-scale cover-up of senior DOH officials. DOJ and NBI should investigate DOH fast. There is hope since the present DOH secretary is not involved in the cover-up. However, those giving him advice on this issue are complicit to this Dengvaxia
‏mess. Presently, I have met with two DOH insiders (an Assistant secretary and a doctor program manager) who have the courage to come-out, tell the truth and show documents of collusion and corruption among undersecretaries (retired, resigned and incumbent),
‏assistant secretaries, central office and regional directors. I advised the two insiders to first seek clearance from the present DOH secretary.

‏• The P3.55B Dengvaxia mess is just the tip of the iceberg. A quick, comprehensive, and evidence-based investigation by DOJ and NBI will reveal that the P23B Health Facility Enhancement Program and the P12B Procurement of Medicines projects are of a similar
‏nature.

‏Yet this is not only about graft and corruption. It is also about honoring or defiling a great tradition among DOH secretaries. Almost all are well-respected, highly competent, educated coming from the best universities. The great tradition is the respect of the outgoing secretary to the incoming secretary, sincerely wishing the latter success. The outgoing secretary cuts cleanly. From Azurin (the last secretary of President Marcos), Bengzon and Periquet (President Aquino), Flavier, Galvez-Tan, Ramiro, Reodica (President Ramos), Estrella, Romualdez (President Estrada), Dayrit, Duque, Cabral (President Macapagal-Arroyo), Ona (President Aquino), Ubial and Duque (President Duterte).

‏Certain past DOH secretaries can be considered to be “hulog ng langit” for the Department and for all Filipinos. Alran Bengzon and Johnny Flavier lead the way. There were also Chit Reodica, Cuasi Romauldez, Manolet Dayrit and Espy Cabral. Certainly Secretary Duque, Enrique Ona, and Paulyn Ubial are among them.

‏Among these giants, I cannot help but consider one who broke tradition and fell from grace.

‏Nahulog sa hagdanan sa pagmamadali.

‏It is bad enough to steal from government coffers. But for a doctor to do harm to children?

‏That must be the worst sin of ambition.

‏FRANCISCO SALCEDO CRUZ, MD, MPH
‏Dr. Cruz is a former DOH Consultant on good governance, and is an expert on Vaccine
‏Preventable Diseases (VPD) and the DOH Expanded Program on Immunization (EPI). He was the VACC expert resource person during the Senate committee hearings on the Dengvaxia investigation.

Sports lifestyle shop opens branch in QC’s Vertis North

IN LINE with its thrust to realign itself as a major trendsetter in the local lifestyle footwear and apparel scene and further expand its reach, The Athlete’s Foot (TAF) opened its latest store at Ayala Malls Vertis North in Quezon City.

Opened on Dec. 7, The Athlete’s Foot at Vertis North is the third to open this month following those at Vista Mall Bataan and in Sta. Rosa, Laguna, taking its total number of stores nationwide to 17 shops.

TAF officials said the newly launched Vertis North branch highlights the shift from sports apparel to lifestyle-centered fashion choices, including sneaker culture, streetwear, and athleisure fashion.

It is a direction that has paid off especially in the Philippines, the people behind the store said, where the sneaker culture continues to gain momentum and grow.

“The Athlete’s Foot is the original sneaker store in the United States. And now, as sports is becoming an important part of fashion, TAF is transitioning to support the everyday young adult who is into sneakers, basketball, running, and lifestyle,” Jose Cervero, Marketing and Merchandising manager for The Athlete’s Foot, said during the store launch.

“We are proud to say that we are really trying to cater to men and women. Most sneaker stores are very masculine, and through our new stores, we try to be more balanced. We want our stores to speak to both men and women,” he added.

Found at the TAF store in Ayala Malls Vertis North are a number of reintroduced collections and highly coveted footwear that are sure to excite enthusiasts and collectors.

The Athlete’s Foot’s private streetwear collection is also available at the branch.

Opening at the Vertis North area is also something that Mr. Cervero said they always wanted to do, seeing it as a prime place to make their presence felt north of the metro.

“We are really excited about the prospect of this mall. We’ve been itching to open in Quezon City, and Vertis is the perfect place to start in the North,” he said, even as he pointed out that they are set to open more stores in key areas of Metro Manila and in other parts of the country.

Mr. Cervero went on to say that e-commerce is something they want to continue to tap into so more customers have access to their rare and quality items.

“We want to serve the sneaker needs of Filipinos nationwide,” the TAF official said.

For more information about The Athlete’s Foot, check out http://www.theathletesfoot.com/. — Michael Angelo S. Murillo

Narvasa not ready to step down

The PBA Board of Governors presented a unified force during the launching of the league’s 43rd season, but curiously, the most important man wasn’t around during the photo-op.

Embattled league commissioner Chito Narvasa refused to join the board of governors in any of the two tables reserved for the team’s representatives as well as in the photo-op which will signal the start of a new season.

Narvasa’s action fueled speculations that he might be on his way out as commissioner of the PBA.

But no. Narvasa isn’t ready yet to relinquish his post even as the league officially started its 43rd season yesterday despite reports that he is about to step down following clamor from the majority of the teams participating in the PBA.

Narvasa’s plot of not joining any of the board members in the table hasn’t something to do with the issue about the seven teams showing lost of confidence in him. The son of the former Chief Justice acted on his own and decided to sit on the separate table and didn’t join the photo-op because he wanted to see something from the 12 board members, 13 including outgoing chairman Mikee Romero of GlobalPort.

For Narvasa, he wants to see the board united days before the start of the new season.

One could only guess whether the board is truly united at this time as we saw board members from two factions seated together in one table.

This could be the progress PBA fans would like to see, but the most important question has yet to be answered up to this time: Will Narvasa stay on as commissioner or is he on the way out?

A board member who requested anonymity said there’s no problem for board members to unify once Narvasa makes the ultimate sacrifice of stepping down from his post. Besides, he believes the Commissioner’s tenure is on a yearly basis and the lost of confidence of the seven members is indication enough that the current head of the league should step down.

The same board member added that it would be easy to look for an officer-in-charge to succeed Narvasa and from there, they could find time to look for the next commissioner while the league continues to run.

The five members supporting Narvasa would tell otherwise, that it would need two-thirds to oust a commissioner.

But whether Narvasa would stay on or a new officer-in-charge would be on board soon, fans deserve the best and that is to see great quality games from among the 12 teams competing.

The PBA @ 43 should not slow down.

 

Rey Joble has been covering the PBA games for more than a decade. He is a member of the PBA Press Corps and Philippine Sportswriters Association.

reyjoble09@gmail.com

DoF preparing IRR for Philippine Tax Academy

THE Department of Finance (DoF) said it is preparing the implementing rules and regulations (IRR) for the establishment of the Philippine Tax Academy (PTA).

“The DoF, through its Legal Group, has been reviewing the implementing rules and regulations of the tax academy,” the Finance department said in a statement, after it submitted to the Governance Commission for Government-Owned or –Controlled Corporations (GCG) the academy’s proposed organizational structure and staffing plan for approval.

The PTA, which is planned for launch in January, will serve as a training institution to provide revenue officials and staff continuing professional education on improving tax collection competence, efficiency and integrity.  

Finance Undersecretary Gil S. Beltran said that the PTA “must be a GCG-covered entity per Republic Act (RA) 10143.”

RA 10143, or the Philippine Tax Academy Act,  was signed into law over seven years ago, but has not yet been implemented. 

All personnel of the Bureau of Internal Revenue (BIR), the Bureau of Customs (BoC), and the Bureau of Local Government Finance (BLGF) are required to undergo training programs at the academy before they can be hired, whether on contractual basis or as permanent employees, according to the law.

The law calls for the curriculum to include the “technical aspects of tax collection, administration and compliance, and career orientation and development for civil servants.”

The government is considering setting up the training academy at the University of Philippines or the University of Makati, at a cost of some P20 billion.

Mr. Beltran said that the Department of Budget and Management had decided that the initial funding for the academy will be sourced from government subsidies appropriated for state-run corporations, under the General Appropriations Act.

The Board of Trustees of the Academy includes representatives from the Finance department, its revenue agencies, as well as three representatives from the academe with at least five years of teaching experience in “reputable schools.”

In October, the DoF said it may pursue a grant from the United States government for the establishment of the PTA after Finance Secretary Carlos G. Dominguez III met with US Undersecretary of the Treasury for International Affairs, David R. Malpass. — Elijah Joseph C. Tubayan

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