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Meat processor Virginia Foods to build halal plant in Cebu

CEBU-BASED food manufacturer Virginia Foods, Inc., (VFI) will build a dedicated halal plant in Cebu as it sees good potential for this specialty market. Stanley Go, VFI vice-president for sales and marketing announced that works are now ongoing for the establishment of a halal plant and construction may start before the end of the year. Mr. Go said demand for halal products is growing in both the international and domestic markets. A study by the Dubai Chamber of Commerce and Industry (DCCI) shows that the global halal market is projected to grow to $1.6 trillion by 2018, with the food sector accounting for $630 billion. VFI is already exporting its various products in Dubai, Canada and Australia, primarily targeting the Filipino market in these countries. — The Freeman

Davao City targets 7% increase in tourist arrivals with more MICE

THE DAVAO City Tourism Operations Office (CTOO) is targeting a 7% increase in tourist arrivals in 2018 from last year’s two million record. “We are aiming for a 7% increase… We need to sustain the two million tourist arrivals mark of last year so we’re doing the best for this year,” CTOO head Generose D. Tecson told the media. Ms. Tecson said the meetings, incentives, conferences, exhibitions (MICE) segment is the city’s big ticket to attracting more visitors, but there is a need for more facilities to cater to this market. “We need more convention facilities, more branded hotels, even in the transport sector … even tour guides, and we also need more people who will cater to souvenir items,” she said. The CTOO is currently working on a tourism master plan after the Tourism Infrastructure and Enterprise Zone Authority (TIEZA) approved a P10-million fund for the project. Ms. Tecson said they aim to have the road map ready by the third quarter this year. — Maya M. Padillo

Nation at a Glance — (02/16/18)

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

‘Third player’ application deadline set for May 18

THE Department of Information and Communications Technology (DICT) will move to May the deadline for submitting applications to become the telecommunication industry’s “third player.”

DICT Officer-in-Charge Eliseo M. Rio, Jr. said in a social media post that bid submissions deadline is scheduled for May 18, pushed back from the original timetable of March in order to attract more investors.

The Memorandum Circular on the bidding process will be issued on March 21, with April 5 as the effectivity date, he said.

Public consultations and hearings will be conducted on Feb. 27 and March 6.

“The request is coming from the contenders themselves. If we force the end of March deadline, there might not be any bidders,” Mr. Rio told reporters in a message, when asked about the rescheduling.

President Rodrigo R. Duterte has rejected a request by the DICT for more time beyond March to select a third player, Palace Spokesperson Herminio L. Roque, Jr. said earlier this month.

Interested parties have noted the lack of time to prepare for the selection process.

Basic requirements for the third telco are a congressional franchise for fixed-line and mobile service, a commitment of P60 billion annually for five years, or P300 billion, and no affiliation with the incumbents, PLDT, Inc. or Globe Telecom, Inc.

The third player will be awarded a block of frequencies not currently committed.

Mr. Rio said that there are about three consortia with local telco partners seeking to be named the third player.

Hastings Holdings, Inc., a unit of PLDT Beneficial Trust Fund subsidiary MediaQuest Holdings, Inc., has a stake in BusinessWorld through the Philippine Star Group, which it controls. — Patrizia Paola C. Marcelo

DENR puts 51 Boracay establishments on notice

ILOILO CITY — The Department of Environment and Natural Resources (DENR) issued Notices of Violation to 51 establishments on the resort island of Boracay in Malay, Aklan on Feb 14.

Majority of the businesses were found to have violated the Clean Water Act, according to DENR-Western Visayas Director Jim O. Sampulna.

Mr. Sampulna said resorts, hotels, and restaurants, among others, were included in the 300 establishments recommended for closure by DENR Secretary Roy A. Cimatu.

“The notices would not mean immediate closure. They will still undergo due process,” Mr. Sampulna said in a statement.

A technical conference to determine compliance will be held 15 days after the issue of the notice.

In a meeting with stakeholders on Feb. 14, Mr. Sampulna challenged the business owners to immediately take action, before President Rodrigo R. Duterte himself visits Boracay.

Last week, Mr. Duterte gave a six-month ultimatum to stakeholders to address the environmental issues in Boracay and threatened to close the island, one of the country’s most popular tourist destinations.

The island’s main problem has been untreated wastewater, with establishments failing to connect to the systems of Boracay Tubi System, Inc. or Boracay Island Water Company, and instead dumping their sewage straight into the sea.

Mr. Sampulna said the agency needs around P10 million to implement the crackdown.

Aklan Gov. Florencio T. Miraflores has committed counterpart funding of P5 million. — Louine Hope U. Conserva

Retail power suppliers exposed to risk by TRO

RETAIL electricity suppliers may be constrained to continue operating beyond the validity of their licenses and risk the penalty that regulators may impose amid the impasse on the rules covering retail competition and open access (RCOA).

Raymond R. Roseus, president of the Retail Electricity Suppliers Association, said seven power suppliers with expired licenses were weighing their options whether to continue serving their existing customers.

“Essentially, the seven who are serving customers would take that risk — I’d continue [in] this [business] and just take the penalty,” he said in an interview.

The problem arose after the Supreme Court issued a temporary restraining order (TRO) in February 2017 on the implementation of a Department of Energy (DoE) circular and a four resolutions issued by the Energy Regulatory Commission (ERC) on RCOA.

The TRO put on hold the continued issuance of licenses for retail electricity suppliers as well as the lowering of the consumption threshold for contestable customers, or those whose power usage has grown to reach a level that allows them to directly buy electricity from a licensed RES.

For now, those using an average of 1 megawatt for the past year are allowed to contract with a RES. The TRO blocked the lowering of the threshold to 750 kilowatts. The RCOA rules call for a gradual reduction until the threshold reached the household level.

Mr. Roseus said a RES with an expired license stands to lose its license should it continue to operate. He also said a penalty is called for under current rules.

“There’s a possibility that your license will be revoked. It’s not the end. This is not a one-time transaction. It’s a going concern,” he said.

He said the risk-takers under the current “unusual circumstances” could be at a disadvantage should the Supreme Court lift the TRO.

So far, several sectors, including RESA and the ERC, have asked the high court to lift the hold order or clarify the scope of the TRO, whether RES licensing is covered as well as the lowering of the contestable customer threshold.

Based on the latest data from the ERC, the industry has 30 suppliers with a valid license. The regulator placed the number of contestable customers at 1,485 in Luzon and 190 in the Visayas. Mindanao is not covered by RCOA rules because of the absence of a functioning wholesale electricity spot market in the area.

Mr. Roseus raised the possibility that should the impasse extend indefinitely, the retail electricity business will run out of licensed suppliers, resulting in the contestable customers returning to the distribution utilities.

“We have a five-year term of license and then after that there’s a timeline on the fifth year,” he said. “There is a timeline for you to file for renewal and subject to commission (ERC) approval.”

Sought for comment, the ERC said it had yet to study the way forward for RCOA should the TRO extend beyond five years.

ERC Commissioner Josefina Patricia A. Magpale-Asirit said the regulator would first issue a “show cause” order to the RES without a valid license. The penalty will come later, she added. — Victor V. Saulon

BoI signs investment promotion deal with Cabuyao City gov’t

THE Board of Investments (BoI) has signed a memorandum of agreement (MoA) with the city of Cabuyao, Laguna, to promote investment and ease of doing business in the area.

In a statement released on Thursday, the Department of Trade and Industry’s investment promotions arm will promote the city to investors the city to investors. Cabuyao meanwhile will allow the BoI to facilitate investment applications and follow-ups.

BoI Assistant Secretary Fe A. Reyes, who signed the MoA as the representative of BoI Managing Head Ceferino S. Rodolfo, said: “This undertaking further complements the agency’s various initiatives to strategically promote the country as an investment destination of choice and generate the much-needed employment for Filipinos.”

Cabuyao Mayor Rommel A. Gecolea said Cabuyao is the first city to sign an agreement with BoI, and he expects other local governments will do the same. Prior to the signing, the city said it was able to bring down processing time for business permits to around 10 minutes.

“We decided to get in touch with the BoI because I believe that the key to prosperity is investments, with the help of BoI. We are the first, but I hope other LGUs will do the same,” he added. — Anna Gabriela A. Mogato

Mitsubishi Motors opens stamping shop in Sta. Rosa

MITSUBISHI MOTORS Philippines Corporation (MMPC) on Thursday inaugurated its P2 billion stamping shop in Santa Rosa, Laguna, as it ramps up production of the Mirage hatchback and Mirage G4 sedan in the country.

In a statement, MMPC said the stamping shop is expected to produce 35,000 units annually in two shifts. Stamping refers to the process of molding a flat metal sheet to be used as a body part for cars.

The Mirage and Mirage G4 are two registered models under the Department of Trade and Industry’s Comprehensive Automotive Resurgence Strategy (CARS) program. MMPC was the first car manufacturer to join the CARS program, targeting to produce 200,000 Mirage and Mirage G4 units by 2023.

“This stamping shop enables us to turn the aspiration of localized production into a reality, further building our presence in the Philippines, at the same time as strengthening our offering to consumers,” MMPC President and CEO Mutsuhiro Oshikiri was quoted as saying in the statement.

MMPC previously inaugurated its Santa Rosa plant in 2015.

Trade Secretary Ramon M. Lopez in a text message to reporters said the stamping plant brings MMPC’s local content closer to 50%.

At present, MMPC reportedly reached 35% in local content production for its Mirage model.

“[This is] leading us closer to generating capacities that will prepare us for the future plans to make the Philippines as the hub of car manufacturing of 1 million [units] a year by 2027 for local and export demand,” Mr. Lopez said.

MMPC has invested P4.3 billion for the CARS program, where it pledged to locally produce the two Mirage models.

The CARS program grants two kinds of fiscal support to the selected car companies who will locally build or assemble units to revive the local vehicle manufacturing industry and in the future, develop an automotive hub in the Philippines.

According to data released by the Chamber of Automotive Manufacturers of the Philippines, Inc. and by the Truck Manufacturers Association, MMPC sold 73,590 units in 2017, accounting for a 17.29% share of the domestic market.  A.G.A. Mogato

China infrastructure firm signs advisory deal with First Metro

CHINA National Heavy Machinery Corp. (CHMC) has concluded an advisory services agreement with Metrobank Group’s investment banking arm First Metro Investment Corp. as it gears up to enter the infrastructure market.

First Metro will help CHMC forge partnerships in power, transport, water supply, sewage, metallurgy and cement.

First Metro international desk head Charles Ian Salvador said: “We see a lot of potential projects where we can work together and bring about the innovation and development needed to boost our country’s growth.”

CNHMC is a subsidiary of China National Machinery Industry Corp. or Sinomach, a participant in the aborted Northrail project connecting Metro Manila to Pampanga.

Metrobank on Thursday closed down 20 centavos at P96.80. — Anna Gabriela A. Mogato

The proposed NAIA upgrade: what you need to know

A CONSORTIUM composed of some of the country’s biggest conglomerates has submitted to the government a P350-billion unsolicited proposal for the rehabilitation, operation and maintenance of the Ninoy Aquino International Airport (NAIA).

Here’s a quick look at how the proposed project aims to transform NAIA into a regional hub.

NAIA upgrade by MBG / BusinessWorld

Duterte trolls the ICC

Something I find really hard to understand is the readiness of some Filipinos to trust a foreign institution rather than their own. This despite evidence of the better effectiveness and clarity of our local system.

All the more when Philippine law, actually like most domestic laws, is ranged against international law.

In matters of human rights, I’d bet my money on the Philippine legal system rather than the ambiguity that is international humanitarian law. Decades of local jurisprudence and jurists honed in that jurisprudence would always trump — at least as of this time — international law.

Then there is sovereignty, for which the operativeness of every international law – even those with misguidedly “progressive” ambitions – is conditioned upon.

Such is the backdrop against which the International Criminal Court’s “preliminary examination” of Philippine President Rodrigo Duterte is held.

And, right now, the 72-year-old Bedan law graduate and former city prosecutor is outsmarting the human rights lawyers from the “prestigious” law schools with fancy foreign law postgrads.

The “preliminary examination” itself, discretionary on the part of the ICC Prosecutor and done “of all communications and situations that come to its attention”, could take years. Even decades.

In truth, there is no deadline with which the ICC Prosecutor is supposed to work with. A cursory examination of ongoing preliminary examinations reveals those beginning from way 2002 (Colombia), 2003 (Afghanistan), 2003 (Iraq), and 2006 (Venezuela).

On the preliminary examination on war crimes in Palestine (2014), Fatou Bensouda can’t even commit to wrap up the examination by 2021 (the end of her term as ICC chief prosecutor). Or even in 10 years.

The Philippine matter itself was triggered by a 77-page complaint (copy of which can be found easily online). Many of the allegations are of Duterte’s time as mayor. Note that, for the Philippines, the ICC’s jurisdiction is only for crimes committed from November 2011 onwards.

But even with regard to the allegations pertaining to Duterte’s presidency, the complaint still cannot be said to give rise to a case that the ICC can properly take cognizance of.

For one, the ICC, like any criminal court, only convicts an accused in the presence of “proof beyond reasonable doubt.” The Rome Statute itself, like any criminal law, has to be strictly interpreted in favor of the accused.

gavel

The point is this: if Duterte’s critics are confident that the complaint filed in the ICC can withstand proper judicial scrutiny, then why not just file the case here? Impeachment first perhaps, possible criminal case after, based on the Constitution, the Revised Penal Code, or RA 9851.

The ICC is designed to be only complementary to our legal system. Philippine laws take precedence.

Nevertheless, even assuming that the facts are true and indeed at least warrant a “reasonable basis for an investigation” and assuming further that every single Philippine court or institution are “unwilling or unable genuinely to carry out the investigation or prosecution” of President Duterte, still no crime under the Rome Statute could be said to have been violated.

The closest one could reasonably argue is “crimes against humanity.”

However, two things: first is that ICC Elements of Crimes require Article 7 to “be strictly construed” as “among the most serious crimes of concern to the international community as a whole.”

Hence and secondly, the nature of “crimes against humanity” must be properly determined.

Joel Arzaga, a senior student of the UA&P School of Law and Governance, ably defended his soon to be finalized juris doctor thesis (“Extrajudicial Killings Under The Duterte Administration: A Crime Against Humanity”) and made the following salient point: Duterte’s acts do not constitute a crime against humanity, at least as currently understood under international law.

Based on his survey of past ICC cases involving crimes against humanity (notably Mbarushimana, Ngudjolo Chui, Katanga, and Bemba Gombo), Arzaga found the absence of actual “state policy, express or implied, to commit murder, which has for its primary object any civilian population within the territorial jurisdiction of the Philippines” and that there is no “particular and identifiable civilian population that is the primary object of the attack.” Both are crucial elements for a conviction under crimes against humanity.

To bolster the foregoing analysis, Arzaga leads us to a further finding he made: this time of other countries’ “war on drugs,” from Colombia (allegedly 215,000 dead) to Mexico (allegedly 120,000 dead), which — despite the appalling body counts — resulted in no indictment by the ICC.

Perhaps emblematic of the inanity of the times we are in that this caveat has become necessary: definitely Arzaga and I are against any wrongdoing. If a crime was committed, let justice be done.

But since we’re all so zealous of our sovereignty, then why rely on foreigners to settle an issue between Filipinos?

And if indeed President Duterte violated the rule of law, his critics would be equally wrong to do the same, no matter how loud they express their self-righteousness.

 

Jemy Gatdula is a Senior Fellow of the Philippine Council for Foreign Relations and a Philippine Judicial Academy law lecturer for constitutional philosophy and jurisprudence.

jemygatdula@yahoo.com

www.jemygatdula.blogspot.com

facebook.com/jemy.gatdula

Twitter @jemygatdula

Dictatorship and its delusions

President Rodrigo Duterte’s admission that he’s a dictator, and his obvious pride in that fact, were premised on at least three assumptions.

The first is that his dictatorship has achieved something praiseworthy and beneficial to this country and its people.

The second is that before he took over, what obtained in the Philippines was democratic rule.

The third is that democracy has failed to deliver its promise of prosperity, justice, and equality that has been falling from the lips of “democratically elected” officials for decades, hence the dictatorship alternative.

The supposed need for the return of dictatorship is a message that resonates among many Filipinos precisely because they assume the same things. They are grievously — and dangerously — mistaken.

What Mr. Duterte said during his speech last week before former guerrillas of the New People’s Army (NPA) was that of course he’s a dictator, because otherwise “nothing will happen in this country.”

That justification for his authoritarian rule presumes that something is indeed “happening” in the Philippines in terms of the progress, peace, and development that Duterte the candidate promised during the campaign of 2016, as well as in his speeches, profanity-laced rants, and his State of the Nation Addresses (SONA) in 2016 and 2017.

Things have indeed happened and are still happening during the 19 months in which Mr. Duterte has been in power. But they’re not exactly, and far different from, the changes that he promised.

There’s one exception. He did say he would kill 100,000 or more to end the country’s drug problem. Some 12,000 people including a number of women and children suspected of being drug users or part of the distribution system of the illegal drug trade are dead, to begin with. Practically all their killers from the police force and the government-supported and encouraged vigilante groups and death squads are loose and yet to be prosecuted, their exemption from punishment further strengthening the culture of impunity and lawlessness that has made murders and other crimes as perennial as grass in these isles of injustice.

The number of killings — unprecedented in recent Philippine history, and in many instances approved, abetted, and encouraged by Mr. Duterte — has caused the International Criminal Court’s (ICC) Office of the Prosecutor, in response to a complaint filed before it by a Filipino lawyer, to initiate an examination into the possibility that he may be accountable and prosecuted for crimes against humanity.

Despite the already enormous cost in lives of the “war on drugs,” the problem Mr. Duterte pledged to end in six months persists, primarily because his “war” has targeted only alleged drug users and small-time pushers in the poorest communities while exempting the big, politically well-connected drug lords and smugglers behind the drug trade. Mr. Duterte himself has admitted that the campaign is foundering and has repeatedly extended his own deadline for ending the problem, the extent of which he and his regime cohort have been exaggerating since he came to power.

Meanwhile, nothing much that’s positive has happened in his promise to end the decades-long war between the Philippine government and the National Democratic Front of the Philippines (NDFP). Instead, his sudden cancellation of the peace talks that he himself initiated has ushered in a period of even worse conflict, violence and human rights violations. When he canceled them, the talks had seemed so close to arriving at an agreement on the social, economic, and political reforms that could finally pull this country out of the abyss of poverty, injustice, and mass misery into which it has been condemned for centuries, and that could have eventually led to a final cessation of hostilities.

The Bangsamoro Basic Law (BBL) that would finalize the peace agreement between the Philippine government and the Moro Islamic Liberation Front (MILF) is in limbo. Its passage, though in a much diluted form, is premised on the realization of the shift to federalism that’s likely to keep Mr. Duterte and company in power beyond 2022.

Thanks to his minions in Congress and the Supreme Court, Mindanao is still under martial law and killings, abductions, and arbitrary arrests among others savaging entire communities.

Mr. Duterte’s economic policies have not departed from those of his predecessors either. They have emphasized the same decades-old failed approach to development that has kept millions in poverty, the primary cause of which are the limited employment opportunities in a still basically agricultural country with low productivity and without any meaningful industrial capacity. Despite regime noises about defending the rights of overseas Filipino workers (OFWs), the export of Philippine labor as a result of limited job opportunities at home will continue, and together with it, the abuse of OFWs in foreign lands.

As for his foreign policy, despite his early rants against US intervention, Mr. Duterte has continued the same course of dependence on the US that was so evident in the ill-conceived and badly executed Marawi siege that destroyed that irreplaceable jewel of the Muslim community, while he panders to the military interests of China in the West Philippine sea to the detriment of Philippine sovereignty. Rather than serving one master, the Philippines is in the very real danger of serving two.

These are among the results so far of Mr. Duterte’s 19 months of one-man rule — of the dictatorship supported by his hatchet men in Congress and the bureaucracy that he has admitted to.

The implication in his words that his being a dictator is necessary because democracy has failed is as hollow as his claims to achievement. What has obtained in this country for decades is not democracy but a mockery of it. It is evident in the political oligopoly that dynastic rule has created over the decades since the Commonwealth period, when, with the support of the US colonial government, a handful of families descended from the principalia assured themselves of their now decades-long monopoly over political power.

The so-called elections that propel these few to public office are themselves parodies of democratic choice, decided as they are by money, warlord control over command votes in various regions and provinces, intimidation, and voter manipulation.

Mr. Duterte himself and his own burgeoning dynasty should be more than familiar with these putrid tactics. In 2016, he amassed a huge campaign war chest from the Marcoses, the Arroyos, the Estradas, and his friends in the oligarchy, and recruited hundreds of online trolls at a cost of thousands of dollars, even as he pretended to be uninterested in the presidency. To stay in power he has allowed his bureaucrats in the government media system and their paid hacks in both old and new media to grind out daily an endless stream of false information to confuse, divide, and manipulate the citizenry and to demonize responsible journalists, dissenters and regime critics.

His election was itself a classic example of how sadly undemocratic Philippine elections are.

As political scientist Malaya C. Ronas points out in the book (edited by Felipe Miranda and Temario Rivera and published by the Commission on Human Rights and the United Nations Development Program), Chasing the Wind: Assessing Philippine Democracy, democratization is “never ending” in the Philippines: it is yet to be realized for these and other reasons.

The “democracy” Mr. Duterte and company are so contemptuous of has yet to be achieved. It is not a failure because it has never been made real, much less practiced. The need is to bring it about because democracy is the only sane, rational, and enlightened means of governance worthy of a free people. Dictatorship is its very anti-thesis.

It is only in a democratic regime where everyone can participate in his or her own governance, decide what’s best for themselves, their country and society, and hold to account those to whom they have delegated their sovereign powers. These are among the most compelling reasons, although not the only ones, why those who’re in their right minds risk even life itself to achieve it, and to resist with all their might such dictatorships and their self-serving delusions as the present regime.

 

Luis V. Teodoro is on Facebook and Twitter (@luisteodoro). The views expressed in Vantage Point are his own and do not represent the views of the Center for Media Freedom and Responsibility.

www.luisteodoro.com