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Targets set for reduced foreign curbs

By Elijah Joseph C. Tubayan
Reporter

MALACAÑANG has zeroed in on eight sectors and activities in its bid to further ease limits to foreign participation and ownership, according to Memorandum Order No. 16 signed by Executive Secretary Salvador C. Medialdea on Nov. 21 and released to journalists on Thursday.

“To raise the Philippines’ level of competitiveness… the NEDA Board and its member agencies are hereby directed to take immediate steps to lift or ease existing restrictions on foreign participation in the following investment areas or activities,” the order read, enumerating private recruitment; practice of professions where allowing foreign participation will redound to public benefit; contracts for construction and repair of locally funded public works; public services “except activities and systems that are recognized as public utilities such as transmission and distribution of electricity, water pipeline distribution system and sewerage pipeline system”; culture, production, milling, processing and trading — except retailing — of rice and corn and acquiring these grains “and by-products”; teaching at higher education levels; as well as retail trade and domestic trade enterprises.

The same order directed departments forming part of the National Economic and Development Authority (NEDA) Board “to earnestly support, in a coordinated manner” legislation needed to eliminate or relax these restrictions “including pending legislation seeking to clarify the definition of public utilities.”

It also directed members of the NEDA Board, which President Rodrigo R. Duterte heads, “to immediately advise” him on “those restrictions which may already be lifted or eased without need for legislation” in order to provide inputs for the already delayed 11th Regular Foreign Investment Negative List (FINL). The 10th FINL — under Executive Order No. (EO) 184 issued in June 2015 and which largely retained restrictions of EO 98 of Oct. 29, 2012 — is supposed to lapse this year.

Sought for comment, John D. Forbes, senior adviser of the American Chamber of Commerce of the Philippines, said: “We welcome the initiative of President Duterte in instructing the NEDA Board and member agencies to liberalize eight areas where foreign firms and professions are restricted from investing in the economic future of the country.”

“When fully implemented, we expect billions of dollars to be invested, creating tens of thousands of jobs as the result of the new opportunities,” Mr. Forbes said in a mobile phone message.

The government is trying to ease such investment restrictions without going through time-consuming, tedious amendment of the Constitution. It supports, for instance, House Bill No. 4389 — filed by former president and now Pampanga second-district Rep. Gloria M. Arroyo — to redefine public services under Commonwealth Act No. 146 of 1936 in order to open telecommunications to majority foreign ownership. Presidential Spokesperson Harry L. Roque, Jr. has said Mr. Duterte had broached to visiting China Premier Li Kequiang earlier this month the possibility of bringing in a Chinese telecommunication carrier to compete with PLDT, Inc. and Globe Telecom, Inc.

Socioeconomic Planning Secretary Ernesto M. Pernia has also voiced the need to attract foreign professors and researchers — by offering them permanent positions in universities — to improve standard of education as well as research and development.

For the Asian Development Bank (ADB), the Philippines may be “the most-developed” public-private partnership (PPP) market among its developing member countries, but “the current limit of 40% of foreign ownership in the PPP project company in infrastructure projects where the operation requires a public utility franchise” remains a “challenge”.

“This may restrict competition and, in some ways, can inhibit Philippine infrastructure development,” ADB said in its maiden annual Public-Private Partnership Monitor launched on Thursday which covered Bangladesh, China, India, Indonesia, Kazakhstan, Papua New Guinea, the Philippines, Thailand and Vietnam.

“The PPP Monitor identifies the country among the first in Asia to institutionalize private sector participation in infrastructure by enacting the BOT (build-operate-transfer) law in 1990,” it said of the Philippines, adding that it joined India and Thailand in having “the most developed financial markets with long loan repayments (above 10 years) available in local currency and a wide array of financing options including project bond financing.”

There are 119 PPP projects rolled out cumulatively worth some $56.9 billion in the Philippines: 77 in energy, 27 in transportation, six in water, seven in information and communications technology, and two in social infrastructure. In 2016, there were 62 state projects with foreign participation, 52% of which were through PPP. But Philippine infrastructure spending has been among Asia’s lowest, averaging just 2.2% of gross domestic product from 2011 to 2014, ADB noted.

The report cited other PPP challenges as coordinating several authorities for decision making; procurement delays; changes in project structure and funding source during tender; inefficient, time-consuming dispute resolution; costly court processes; uncertainty in regulatory approval of toll rate and tariff increases, auctioning off projects with unresolved right-of-way issues, as well as the fact projects have largely been dominated by a few conglomerates.

PHL impact of US policy shifts, China slowdown seen ‘modest’

ADDITIONAL INCREASES in interest rates and any change in policy in the United States, as well as China’s slowing growth, can be expected to have “modest” impact on the Philippines compared to other Southeast Asian economies, and will likely be manifested in investments and cross-border lending, the International Monetary Fund (IMF) said.

In a report, the IMF assessed the potential impact of these scenarios, which are considered the biggest external threats to the Philippine economy given the latter’s exposure to both markets.

“The Philippines’ trade and financial exposures to the United States and China are more moderate than the more open ASEAN neighbors, albeit with the role of China rising recently,” the multilateral lender said in a Nov. 10 report, referring to the Association of Southeast Asian Nations.

“Thus, the potential spillovers from policy shifts in the United States and lower growth in China are expected to be more modest in the Philippines, although historically US financial spillovers had a large impact, perhaps reflecting the shallower financial depth,” it added.

“Direct financial spillovers from the United States are significant, mainly through FDI (foreign direct investments) and cross border bank lending, while direct financial links with China are currently limited.”

Expectations of a fresh rate hike from the Fed next month grew stronger following the release of the minutes of its Oct. 31-Nov. 1 meeting, where some policy makers said they expect the need to raise interest rates in the “near term.” Fed officials saw the US economy remaining “poised for strong growth,” confirming expectations of sustained recovery, Reuters said in a report.

IMF noted that the US and China are the some of the biggest markets for Philippine goods and services, as well as major sources of remittances and tourists. The US, in particular, is the biggest source of revenues for business process outsourcing (BPO), “highlighting vulnerability to potential changes in US policies, particularly to the outsourcing sector.”

The BPO sector employs over a million Filipinos and fuels domestic consumption together with remittances from overseas Filipino workers. The Philippines’ BPO sector — initially feared to be a casualty of President Donald Trump’s “protectionist” slant — has yet to feel the repercussion of his avowed intention to bring home outsourced jobs.

The IMF also said a “faster-than-expected” policy tightening in the US could tighten global financial conditions and trigger capital outflows from emerging economies, causing “significant” drag on the latter.

Bangko Sentral ng Pilipinas (BSP) Governor Nestor A. Espenilla, Jr. has said that uncertainty over the pace of monetary policy tightening in the US and other advanced economies would likely trigger “bouts of volatility” in Philippine financial markets, even as monetary authorities are well-armed to weather headwinds. “We are ready to deploy the full array of our monetary policy toolkit in case of changes to deal with possible market volatility, as policy settings evolve and normalize in the US and other advanced economies,” Mr. Espenilla had said in a speech on Tuesday.

The Monetary Board kept key rates unchanged in its Nov. 9 meeting in the face of within-target inflation and firm domestic economic activity. The BSP has constantly said that it does not have to automatically match the Fed’s tightening. — Melissa Luz T. Lopez

More foreign funds leave Philippines in October

MORE FOREIGN FUNDS left the country in October — marking the biggest outflow in almost a year — led by net outflows from the Philippine Stock Exchange (PSE) and peso-denominated government securities, the central bank reported yesterday.

Foreign portfolio investments posted a $563.42-million net outflow last month, a reversal from September’s $112.63-million and October 2016’s $59.87-million net inflows.

These funds are called “hot money” given the ease by which they enter and leave markets.

Last month saw the biggest net outflow since the $607.31 million that left in November 2016, according to central bank data.

October’s $1.385-billion gross inflows were up 6.8% from September’s $1.296 billion but were down 15% from the $1.633 billion that entered in October last year.

October’s total outflows, however, eclipsed gross inflows that month, as well as funds that went out in September and a year ago. Specifically, $1.948 billion left in October, about 64.5% more than September’s $1.184-billion total outflows and 23.8% more than the $1.573 billion that went out in October last year.

Last month’s total outbound funds were the biggest in over a year or since some $2.081 billion exited the country in September 2016.

The BSP attributed the year-on-year and month-on-month increase in gross outflows to “profit taking”, with the United States remaining the main destination of outflows, accounting for 75.5% of the total. Central bank data showed outflows spiking in September and October, which had seen successive record highs at the PSE that were followed by episodes of correction.

Around 89.8% of total investments went to PSE shares, particularly those of holding companies; property firms; mining; banks; as well as food, beverage and tobacco companies. These transactions yielded $513 million in net outflows.

A tenth of portfolio placements went to peso-denominated government debt papers (but whose transactions resulted in $47-million net outflows) while the balance was infused in other peso-denominated debt instruments ($1-million net inflows) and peso time deposits ($4-million net outflows).

Most of the investments in October came from the US, the United Kingdom, Norway, British Virgin Islands and Luxembourg

The October figure brought year-to-date hot money tally to an $812.17-million net outflow, a reversal from the $1.471-billion net inflows in 2016’s comparable 10 months. The central bank expects a $900-million net outflow for the entire 2017, a reversal from 2016’s net inflow.

Apart from domestic concerns — October saw the end of the five-month battle to retake Marawi City from Islamic State-inspired militants — external developments like expectations of additional interest rate hikes from the US Federal Reserve, global terrorist attacks and tensions in the Korean peninsula influenced investor sentiment. — Melissa Luz T. Lopez

Imminent passage of mental health bill gives hope

By Lucia Edna P. de Guzman, Reporter
and Rissa Coronel, Contributor, SparkUp

When the House of Representatives reopened after the ASEAN Summit on Monday, its first order of the day was to read the HB6452 or the Comprehensive Mental Health Act for the third and final time. It was a monotonous 20-minute enumeration of the names of 223 congressmen affirming its passage, leading up to the historical announcement that, finally, the country may see its first-ever mental health legislation.

From there, it will move to a bicameral conference to merge both versions of the Senate and House, before it lands on the table of the President for signing.

But the 20 minutes under the spotlight in the house is a mere speck when compared with the 20 years that the Philippine mental health community has pushed for it.

“It spanned two decades!” exclaimed Dr. Violeta “Bolet’ Bautista, an officer of the Psychological Association of the Philippines and founder of the Care and Counsel Wholeness Center, on the sidelines of the plenary session. “Basically, it’s almost a law. When it gets passed, then we can finally reach our dream for mental health.”

The move of the government to create a law for mental health is already a statement in itself. It sends a message to mental illness sufferers that the government acknowledges their presence and their situation.

The Mental Health Act provides for the integration of mental health care into the general health care system. The act mandates that the government — particularly the Department of Health (DoH), Department of Interior and Local Goverment (DILG), local government units, the Commission on Human Rights (CHR), and the Department of Justice (DoJ) — come up with programs that promote mental health and investigate cases of discrimination against those undergoing mental health treatment.

Among the many provisions of the law will be to allot a budget for mental health services, provide mental health education in schools, and protect the rights and welfare of persons with mental health needs.

The bill also mandates the establishment of a complaint mechanism against abuse of individuals with mental health disorders. It also calls for mental health education programs in all levels and research support.

What this means for people suffering from mental illnesses is access to more support from the government.

Presently, the government already offers a number of mental health programs, but without the focus and attention that an actual legislation can provide.

In fact, the Philippines has only one psychiatrist for every 250,000 persons according to the DoH, explaining why mentally ill people have to line up outside their psychiatrist’s clinic for about four hours to see their doctor.

“The law will create facilities,” Dr. Bautista said. “Right now, there are only few mental health agencies, hospitals,” she said. “This law will develop community-based centers so that more people can access mental health services.”

“We have national guidelines on mental health and psychosocial support in disasters and emergencies, but this was only passed this year,” she added. Psychological First Aid works to help individuals in times of calamities, but not in their everyday struggles.

“There’s also an office under DoH, but it’s only a part of a division,” Dr. Bautista added. “Mental health concerns are under the purview of the DoH office for non-communicable disease, so they may not be able to give focus to it.

“Now, this will really be the law. It will create structures, checks and balances to protect both mental care professionals and service users. Best part is, from it, policies and programs will be developed to promote the holistic health of a person, meaning it will tackle the total well-being of a person. That’s exciting.”

The Youth for Mental Health Coalition, the first SEC-registered mental health organization and one of the biggest in the country, called it “the best piece of legislation,” for service users and stakeholders involved in mental health.

Over on Twitter, the hashtag #MoveForMH trended at No. 5, where netizens called the passage their “early Christmas gift.”

Current conditions ‘not yet ripe’ for cut in reserve requirements

By Melissa Luz T. Lopez,
Senior Reporter

CURRENT LIQUIDITY conditions do not make the case for reducing the reserve requirement ratio (RRR) anytime soon, a senior central bank official said, as pumping the system with more funds could push prices up.

“I think for this year — this is just my personal view — I think the conditions are not yet ripe,” Bangko Sentral ng Pilipinas (BSP) Deputy Governor Chuchi G. Fonacier said in a recent interview.

“When you do an RRR reduction, you should already be comfortable about the liquidity situation in the market because when you reduce the reserve requirement, it will free up the funds. Are you sure that it will go to productive [uses]? If it will not be captured, there’s excess liquidity in the system and it becomes inflationary.”

Money supply expanded by 14.5% in September to hit P10.146 trillion, latest central bank data showed.

A one percentage point reduction in the RRR could unleash between P60-70 billion to the financial system, which could flood the market that continues to be awash with cash. Economists have warned that this could be inflationary if left unchecked.

Ms. Fonacier said flooding the financial system with fresh money supply via an RRR cut could push prices up if the funds are not absorbed by productive sectors.

Central bank officials have stressed the need to reduce the 20% reserve standard imposed on universal and commercial banks, with Governor Nestor A. Espenilla, Jr. even eyeing to trim it to single-digit levels to remove this “inefficiency” to the local financial system.

The 20% RRR is deemed as one of the highest in the world, which essentially mandates all lenders to keep a fifth of their cash holdings as standby funds which do not generate returns.

The International Monetary Fund (IMF) has thrown support to the reserve cut planned by the BSP, but noted that this adjustment needs to be carefully calibrated.

Substantially tighter liquidity conditions could be a good time for the RRR cut, IMF country representative Yongzheng Yang said last Friday.

Several bank economists also expect tweaks to the RRR as its next move before adjusting monetary policy rates, with the “gradual” reduction seen to start by next year the earliest. Still, any adjustments will have to be considered in line with emerging money supply, inflation, and credit dynamics.

Mr. Espenilla has said that lowering the reserve level would also fall in sync with an industry-wide initiative to deepen the local debt markets.

“The lowering of the reserve requirement is not about relaxing monetary policy. It’s about substituting direct instruments… with indirect and more market-friendly instruments, open market operations,” the central bank chief told reporters.

“As we phase out, we phase in.”

ALI to accelerate capex spending in 2018

By Arra B. Francia, Reporter

AYALA LAND, Inc. (ALI) sees capital expenditure (capex)  accelerating up to P100 billion in 2018, as the property giant aims to keep up with the growing demand for residential projects in the country.

ALI Chief Finance Officer Augusto Cesar D. Bengzon said given the current pace of project developments, spending in 2018 should be larger than its P88-billion capex this year.“Historically we’ve not reached P100 billion. It’s possible. We’re finalizing our budgets. So we’ll see if we see that the opportunities are there,” Mr. Bengzon told reporters after the listing ceremony of its P3.1-billion short-dated notes at Philippine Dealing and Exchange Corp. on Thursday.

Of this projected capex, the bulk will still be allotted for its residential segment, which continues to be the top contributor to revenues.

As of end-September, 49% of this year’s capex was allocated for residential projects, followed by commercial leasing projects at 28%, land acquisitions, new businesses, and other investments taking up 17%, and the development of ALI’s estates accounting for 6%.

Mr. Bengzon noted capital spending increased, alongside the growth of the Philippine economy, which expanded by 6.9% year-on-year in the third quarter of 2017.

“We also have to be thankful for the general economy, 6.9% is quite strong. As you know, our business is closely tied with the economic growth of the country,” he said.

To fund this capex, Mr. Bengzon said the company may issue bonds to raise between P15 billion to P20 billion.

The ALI executive said the company is on track to launch P90 billion worth of residential projects this year. Including its office, commercial, and hospitality segments, ALI will be ending this year with P120 billion in project launches.

“Next year, we’ll see if the economy continues to be as strong as it is. And if demand is there, we will keep up,” Mr. Bengzon said. On Thursday, ALI listed P3.1 billion in short-dated notes at the fixed-income bourse, the proceeds of which will be used to finance its short term debt.

“So essentially we have 30-, 60-, 90-day promissory notes. So with this instrument we’re now extending the tenor to 15 months. The first short-dated note we issued in July was 21 months. This one is a 15-month instrument,” Mr. Bengzon explained.

Last July, ALI also issued P4.3-billion short-dated notes for debt refinancing. This year, the company had a total of P7.4 billion in capital market issues.

Asked whether the company is on track to hit an 18% year on year growth in earnings, Mr. Bengzon said they are “within striking distance.”

The ALI executive added there is usually an uptick in residential sales in the fourth quarter, due to the demand from overseas Filipino workers coming home for the holidays.

For the first nine months of 2017, ALI profits rose 18% to P17.8 billion, on the back of a 16% growth in revenues to P98.9 billion. The company attributed the increase to higher property sales for the period, which climbed to P94.2 billion, 12% higher year on year.

With this performance, Mr. Bengzon said the company remains on track to meet its 2020 vision, which aims to grow net income to as high as P40 billion by 2020.

Shares in ALI were up by 20 centavos or 0.47% to close at P42.90 each at the Philippine Stock Exchange on Thursday.

China’s $3.4-trillion corporate bond market faces rocky 2018 on deleveraging

CHINA’S deleveraging campaign is finally starting to bite in the nation’s corporate bond market, a shift that will make 2018 a clearer test of policy makers’ appetites to let struggling companies fail.

Yields on five-year top-rated local corporate notes have jumped about 33 basis points since the month began, to a three-year high of 5.3%, according to data compiled by clearing house ChinaBond. Government bonds, which have far greater liquidity, had already moved last month as the central bank warned further deleveraging was needed.

With more than $1 trillion of local bonds maturing in 2018-19, it will become increasingly expensive for Chinese companies to roll over financing  and all the tougher for those in industries like coal that the nation’s leadership wants to shrink. Two companies based in Inner Mongolia, a northern province that’s suffered from a debt-and-construction binge, missed bond payments on Tuesday, in a demonstration of the kind of pain that may come.

In the long haul, that all may be good for China. Allowing more defaults could see its bond market become more like its overseas counterparts, with a greater differentiation in price. And that could mean it channels funds more productively.

“The deleveraging campaign and the new rules on the asset management industry will further differentiate good and bad quality credits, and make the onshore credit market more efficient,” said Raymond Gui, senior portfolio manager at Income Partners Asset Management (HK) Ltd. “Weaker companies will find it harder to roll over their debts because funding costs will stay high.”

Gui predicts yields will keep climbing. The average for top-rated corporate bonds is already 2.2 percentage points higher than October last year. Weakness in the bond market has other consequences too: the drop contributed to a slide in sentiment in stocks Thursday, with the Shanghai Composite Index plunging more than 2%, the most this year.

Higher yields come as authorities show greater determination to shift the economy onto a more sustainable footing, with less debt. The latest move was a plan to discipline the asset-management industry, including banning guaranteed rates of return. People’s Bank of China Governor Zhou Xiaochuan graphically depicted the risk of excess leverage, by evoking a “Minsky moment,” or sudden collapse of asset values.

Key to that endeavor will be scaling back some of the implicit credit guarantees that have backed a broad swathe of Chinese borrowers. The country only started allowing corporate defaults in 2014. Last year there was a record, coming in at at least 29. It’s unclear yet whether that total will be met in 2017.

Next year, some $593 billion of onshore corporate bonds come due. And with broad expectations of a slowdown in economic growth closer to 6% than this year’s 7%, challenges will be deepening. Borrowers’ best bet will be not to rush to market, but pace themselves, according to Chen Peng, fixed-income analyst at Fortune Securities Co. in Shenzhen.  And policy makers will want to make sure that there’s no major damage to growth from their deleveraging campaign. Getting that balance right is one of the biggest issues facing the global economy in 2018, says Andrew Tilton, chief Asia-Pacific economist for Goldman Sachs Group Inc.  Bloomberg

PHL firm seeks ODA for tidal energy project

By Victor V. Saulon, Sub-Editor

PHILIPPINE company San Bernardino Ocean Power Corp. (SBOPC) is looking to source through official development assistance (ODA) a portion of the funds needed for its $25-million tidal energy project within the San Bernardino Strait.

“We’re trying to access ODA,” said Antonio A. Ver, president of H&WB Asia Pacific (Pte. Ltd.) Corp., the joint venture partner of France’s Sabella Societe par Actions Simplifie in SBOPC.

“The rest [of the funding is through] project finance. If we get ODA for $10 million, [the remaining] $15 million, that’s project finance,” he said in a phone interview on Monday.

Of the remaining $15 million, Mr. Ver said 70% will be sourced from debt and 30% from equity. For the equity portion, Filipino funds through H&WB will contribute 60%, while 40% will be from Sabella. Philippine laws require a 40% limit for foreign funds in energy projects.

The pioneering 1.5-megawatt (MW) project will use tidal in-stream energy conversion (TISEC) technology, which Mr. Ver said is adaptable in Philippines waters. TISEC produces electricity through tidal currents.

Capul island in Northern Samar province will be the main consumer of the reliable and clean ocean power sourced from San Bernardino Strait, which separates Luzon’s southern tip from Samar.

Capul is off-grid and falls under the small power utilities group (SPUG) of the National Power Corp. (Napocor). The government company currently supplies 60% of the island’s electricity at no more than eight hours a day. It relies on costly diesel generators to produce power.

Northern Samar Electric Cooperative (Norsamelco) will be the off-taker for the initial power plant harnessing the marine current resource. SBOPC had been awarded with three Ocean Power Service Contracts by Department of Energy on Oct. 30, 2013.

“We will be operating as a qualified third party (QTP),” said Mr. Ver, referring to an entity that provides electricity in remote and unviable areas that a franchised distribution utility is unable to serve.

“A qualified third party receives a share from the universal charge for missionary electrification,” he added about the payment uniformly collected from all power users.

Mr. Ver said the power plant is expandable to 3 MW because of a 1-MWh storage capacity. He said the service area is scalable to include Calintaan and Matnog in Sorsogon.

Unlike solar and wind energy, tidal currents are predictable, Mr. Ver said, thus ocean technology does not have intermittency issues.

He said his group had signed a memorandum of understanding with PNOC Renewables Corp. should the unit of state-led Philippine National Oil Co. decide to join the project.

“They’re interested to take equity,” he said. “It would still depend on the project’s internal rate of return, and equity internal rate of return.”

Mr. Ver said towards the end of 2018, the joint venture should have raised the $25 million to fund the project. During this period, the engineering, procurement and construction (EPC) package should have been completed, he said.

“After we go the EPC stage, that’s when we will be able to determine the total final project cost. From there we will determine how much is 70% debt and 30% equity,” he said, adding that it would also be at this time when PNOC Renewables should be able to assess the project’s viability.

“Our research work in San Bernardino dates back to as far as seven years ago. When we reached year three, we were already able to determine the resource. The technology that we chose is TISEC,” he said.

Sabella, a marine energy technology and engineering company, developed TISEC and is known for its successful project using its D-10 turbine in Fromveur Passage in energizing Ushant, an off-grid island in Brittany, France.

Calata appeals PSE delisting decision

CALATA Corp. said it has appealed the Philippine Stock Exchange (PSE) decision to delist the company.

“The decision of the PSE to delist the company is under appeal,” Calata said in a letter to shareholders posted on its Web site on Wednesday.

Should the PSE reject this appeal, Calata said it will study how to conduct a “gradual” buyback of shares held by the public, even if a tender offer is not mandatory.

Calata had a free float level of 61.53% at the time of its delisting.

“However, please understand that this can only be done gradually so as not to adversely affect the day-to-day operations of CAL. We are currently attempting to formulate a plan on how to go about this, but we intend to start from the smallest shareholders up to the largest,” Calata said.

Earlier, Calata said conducting a tender offer would effectively kill the company, as its retained earnings of P400 million would not be enough to buy back the shares of minority stockholders — estimated to reach P1 billion based on a stock price of P3 apiece.

The agribusiness firm said it will also study how it can allocate a portion of its annual earnings as cash dividends for investors who would choose to stay on board.

The PSE initiated involuntary delisting procedures against Calata last July after counting a total of 55 violations of disclosure rules in the period from November 2016 to June 2017. The PSE also found the company to have violated the blackout rule, where officers of a company are not allowed to trade their company’s shares within a prescribed period.

In response to the delisting measures, Calata announced that it will instead list it shares in the cryptocurrency exchange, where they will be called CalCoins, traded with the likes of other virtual currencies such as bitcoin and ethereum.

Prior to the violations cited for the delisting, Calata was also the subject of an investigation by the Securities and Exchange Commission for alleged market manipulation after its initial public offering in 2012. — Arra B. Francia

Transportation undersecretary Chavez resigns

By Patrizia Paola C. Marcelo

TRANSPORTATION Undersecretary for Railways Cesar B. Chavez resigned on Thursday, in the wake of issues and several mishaps involving the controversial Metro Rail Transit Line 3 (MRT-3)

In his resignation letter dated Nov. 23 and addressed to President Rodrigo R. Duterte, Mr. Chavez said his “irrevocable resignation” was “effective immediately.”

“I hope the President understands that in the light of recent events involving the MRT3 System, simple sense of delicadeza which I have adhered to throughout my professional life gives me no choice but to resign from my said position,” Mr. Chavez wrote in his letter.

“It is also may (sic) intent and hope that my resignation provides opportunity for the appointment of person better qualified to perform the duties and responsibilities of the subject office.”

FREQUENT MALFUNCTIONING
Mr. Chavez was appointed last March, replacing Noel Eli B. Kintanar who resigned in November last year.

During his brief time as undersecretary, Mr. Chavez recommended the termination of the government’s contract with MRT-3 maintenance provider Busan Universal Rail, Inc. (BURI), saying the Filipino-South Korean joint venture was to blame for the train system’s frequent malfunctioning. The DoTr terminated the said contract earlier this month.

As of Thursday, Presidential Spokesperson Harry L. Roque, Jr., said regarding a meeting reportedly sought by BURI: “We find no reason to have the requested meeting. We have already canceled the contract with BURI and the government decided to meanwhile take over the maintenance of MRT.”

Just last week, a passenger at Ayala Station fell between two cars of a passing train, her arm severed in that accident, although it was since reattached after surgery.

Days after that incident, the third car of a northbound train that had just left Ayala Station was detached, forcing its passengers to get off the vehicle and walk the tracks leading to Buendia Station.

Mr. Chavez’s resignation also follows on the heels of calls for the resignation of his superior, Transportation Secretary Arthur P. Tugade.

Mr. Tugade’s defenders in Malacañang have cited the problems he has assumed from the previous administration of Benigno S.C. Aquino III, although Mr. Tugade has already served more than a year in the Department of Transportation (DoTr).

Mr. Tugade denied asking Mr. Chavez to resign, saying he was “surprised by the sudden turn of events.”

“For the record, and contrary to the insinuations of others, I did not cause or ask Usec. Cesar Chavez to resign. He has my full trust and confidence. We have been doing plans and strategies together, up and until yesterday. Even by texts as I was on sickbay. That is why I am surprised by the sudden turn of events,” Mr. Tugade told reporters in a text message.

REPLACEMENT
Senator Grace Poe, chair of the Senate committee on public services, said she “admired” Mr. Chavez’s sense of delicadeza and called for the Senate’s evaluation of the actions and leadership of the DoTr.

“I admire his sense of delicadeza although I doubt that is the only reason that prompted him to resign. He seemed to be one of the DoTr officials who was determined to fully address all the issues plaguing the MRT…However, it is time to evaluate the actions and leadership of the DoTr as a whole in connection with how issues hounding the MRT have been addressed. These issues should be properly and expeditiously resolved despite the Usec. Chavez’s resignation and especially considering the commuting horrors our people have to go through everyday,” Ms. Poe said in a statement.

She added: “We hope that in finding a replacement, Secretary Tugade will carefully look into the qualifications, capability, competence and commitment of the person because the task at hand is complex and has critical impact on the lives of our commuting public. We need to have somebody who will hit the ground running as we cannot afford a mere politically connected OJT.”

For his part, Akbayan Representative Tom Villarin said Mr. Chavez’s resignation was expected, given the “blame game” done by the current government regarding the MRT.

Also on Thursday, Bayan Muna Representatives Neri J. Colmenares and Carlos Isagani T. Zarate, together with two other petitioners, asked the Supreme Court (SC) to annul a directive from two years ago to raise train fares.

The motion noted in part that the MRT-3, in particular, “continues to experience technical problems that endanger the safety of the riding public. News about its malfunctions has now become so common, and complaints from the public have been increasing.”

“The worsening condition of our rail system in spite of the implementation of the fare hikes only proves the correctness and validity of Petitioners grounds for their opposition to the 2015 LRT/MRT fare hikes, as embodied in the Department Order No. 2014-014 of then DoTC,” the petitioners said. — with Andrea Louise E. San Juan

Peso weakens on dovish Fed

THE PESO failed to sustain its rally against the dollar on Thursday amid the dovish tone of the minutes of the latest US Federal Reserve meeting.

The local unit moved sideways at P50.68 versus the greenback on Thursday, losing six centavos from Wednesday’s close of P50.62.

The peso opened stronger at P50.55. Its intraday low was registered at P50.68, while its high was at P50.54 versus the dollar.

Dollars traded surged to $604.7 million from Wednesday’s $533 million.

“The peso depreciated today, as the market corrected after the dollar declined in the first three days of the week,” Guian Angelo S. Dumalagan, market economist at Land Bank of the Philippines (Landbank) said in an e-mail on Thursday.

Traders interviewed said the peso picked up in morning trading as the market viewed the minutes of the latest Fed monetary policy meeting as “dovish”, noting the uncertainties of US inflation lingering below the 2% “for longer than expected.”

Many Federal Reserve policy makers expect that interest rates will have to be raised in the “near term,” according to the minutes of the US central bank’s last policy meeting released on Wednesday.

The readout from the Oct. 31-Nov. 1 meeting, at which the Fed kept rates unchanged, also showed policy makers generally agreed the economy was poised for strong growth. Several Fed officials also saw improved chances that the US Congress would pass significant tax cuts that would boost business investment.

While some policymakers said they still needed to see more data before deciding the timing of a rate hike, many of the officials said the jobless rate appeared to be too low for inflation to remain at its current weak level. “Many participants thought that another increase in the target range for the federal funds rate was likely to be warranted in the near term.”

The central bank has increased rates four times in a tightening cycle that began in late 2015. The Fed currently predicts one more rate rise this year and three more hikes in 2018.

Meanwhile, another trader noted that news regarding the Brexit talks tempered the descent of the greenback.

“I think the signals globally are somewhat mixed. I saw some problems in the Brexit talks so it generally supported the dollar,” the trader said, noting that the US markets were in a break in time for Thanksgiving.

Traders said the peso will likely move between P50.40 and P50.90 versus the dollar today, as Landbank’s Mr. Dumalagan noted that “the peso might continue to depreciate as the dollar might continue to recover amid US rate hike concerns.” — Karl Angelo N. Vidal with Reuters

Drug war may be reverted to PNP amid fallout over cleared Customs officials

MALACAÑANG ON Thursday, Nov. 23, affirmed earlier remarks by President Rodrigo R. Duterte that he may return his government’s drug war to the Philippine National Police (PNP) from the current supervision of the campaign by the Philippine Drug Enforcement Agency (PDEA).

Meanwhile, senators, particularly of the opposition, slammed the Department of Justice’s (DoJ) dismissal of drug smuggling charges against former Bureau of Customs (BoC) Commissioner Nicanor E. Faeldon and 11 other BoC officials, saying this was indicative of a “fake” drug war on Mr. Duterte’s watch.

‘EFFECTIVELY’
Regarding the possible return of the antidrug campaign to the PNP, Mr. Roque said in a press briefing on Thursday: “Well, I think a decision will soon be made but like you said, he did make the statement that “I may have to return it to the police to avoid the problem from worsening.”

“So, I guess that’s the latest — that is the latest pronouncement of the President. There is now a very strong likelihood that it could be returned to the PNP,” he added.

Mr. Duterte, in a memorandum order on Oct. 10, ordered the PDEA to take the lead in the administration’s war on drugs.

But he has also expressed disagreement with this very move and on several occasions warned that he would return the assignment to the PNP.

“Effectively, effectively, he has manifested already a decision to return it to the PNP,” Mr. Roque said on Thursday.

This prompted New York-based advocacy group Human Rights Watch to issue a statement also on Thursday saying in part: “The Duterte government’s apparent desire to resume the murderous drug war underscores the need for a United Nations-led international investigation into the killings. Until that happens, the number of victims denied justice and accountability will likely only continue to grow.”

REAPPOINTED OFFICIALS
Also on Thursday, Malacañang defended the reappointment of two Customs officials who had been linked to the shipment of P6.4-billion drugs that passed through Customs last May.

“It must be because there has been (a) thorough investigation conducted by the House, the Senate, the DoJ, and even from within the Palace. And it must be because these two officials were found not to be in anyway involved in the P6.4-billion scandal,” Mr. Roque said.

Last Wednesday, copies of the appointment letters of Deputy Commissioner for Enforcement Ariel F. Nepomuceno and Deputy Commissioner for Intelligence group Teddy Sandy S. Raval were released to the media.

Messrs. Nepomuceno and Raval were among the Customs officials named by Senator Panfilo M. Lacson as among the bribe takers in the processing of illegal shipments at the bureau.

Mr. Nepomuceno tendered his resignation last August, following that of Mr. Faeldon and intelligence chief Neil Anthony L. Estrella.

Mr. Estrella on Thursday issued this statement, following the DoJ’s dismissal of the drug charges against Customs officials: “My team who recovered those drugs were finally vindicated….We thank the Lord Almighty for hearing our prayers,…as we also forgive those who have falsely accused us….(This) is partly a hazard of our profession….May we all find peace with this development as we send our prayers for the continuing challenge to others.”

Apart from Messrs. Nepomuceno and Raval, Mr. Duterte on Nov. 6, appointed former BoC Import Assessment Services Director Milo D. Maestrecampo and former Deputy Customs Commissioner Gerardo O. Gambala to the Department of Transportation.

Mr. Maestrecampo is now Assistant Director-General II of the Civil Aviation Authority of the Philippines, while Mr. Gambala is Director IV of the Office for Transportation Security.

‘FAKE DRUG WAR’
In response to the DoJ ruling on Wednesday, Senator Richard J. Gordon, whose blue ribbon committee had been investigating the P6.4-billion drug shipment, said on Thursday: “The dismissal by the Department of Justice (DoJ) of the case against Nicanor Faeldon, Gerardo Gambala, Milo Maestrecampo, among others, is not the complete story. Faeldon and Gambala may have been absolved in the importation of dangerous drugs; however, Maestrecampo must be further investigated.”

“Based on the hearings conducted by the Senate, the evidence shows that Maestrecampo provided aid in allowing the shipment of drugs to enter in the country’s front doors smoothly through the green lane. There is also evidence showing Maestrecampo’s involvement with Mark Taguba.”

“What about Neil Estrella? He was the one who botched the seizure operations — facts pointed to the failure to have been done deliberately.”

For his part, opposition Senator Francis N. Pangilinan said on social media, “Peke ang drug war ng administrasyon na ito (This administration’s drug war is fake).”

“Akala ko ba galit sila sa droga? Kapag maliliit at mahihirap at ilang gramo lang ng shabu, pinapatay. Kapag tone-toneladang shabu ang pinupuslit ng malalapit sa mga nakaupo, pinapalusot (They hate drugs? The small fry with grams of meth are rubbed out, but when it’s tons of shabu by those close to the powers that be, they go scot-free),” the senator also said.

For his part, Justice Secretary Vitaliano N. Aguirre II said on Thursday night:

“Our department is resolving cases only on the basis of evidence submitted to us. They could have found evidence of culpability of any BoC officers during the Senate Investigation but if they were not presented to us, then they will not be considered.”

“As of this stage, the case is still in the preliminary stage and the Office of the Secretary (OSEC) has still nothing to do with the proceedings there. As a matter of fact, I have not yet read the Resolution of the National Prosecution Service. But the OSEC has the power of automatic review of drug cases.”

“I suggest that before any person makes any comment, they should read the complaint and the subject resolution. We are ready and willing to face anybody to justify the DoJ Resolution.” — with reports by Rosemarie A. Zamora, Andrea Louise E. San Juan, Arjay L. Balinbin and interaksyon.com