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Mark Zuckerberg questioned at trial over virtual reality VR Oculus

FACEBOOK, Inc. chief executive Mark Zuckerberg took the witness stand in Dallas federal court on Tuesday and denied an allegation by a rival company that the virtual-reality technology of Facebook’s Oculus unit was stolen.

Facebook CEO Mark Zuckerberg is seen on stage during a town hall at Facebook’s headquarters in Menlo Park, California September 27, 2015. Picture taken February 27, 2015. REUTERS/Stephen Lam/File Photo

Mr. Zuckerberg, the founder of one of the world’s largest companies, faced hours of tough, public questioning about where Oculus obtained its ideas and how much he knew about the start-up when Facebook bought it for $2 billion.

A jury is hearing evidence in a civil lawsuit brought by videogame publisher ZeniMax Media, Inc. against Oculus in 2014, in the middle of the Facebook-Oculus deal. ZeniMax said that Oculus unlawfully used its intellectual property to develop the virtual-reality system that includes the Rift headset.

During one heated exchange with ZeniMax lawyer Tony Sammi, Mr. Zuckerberg told a jury in the crowded courtroom that the technology was not even fully formed when Facebook bought it.

“Improving on that technology doesn’t make it yours,” Mr. Sammi countered. “If you steal my bike, paint it and put a bell on it, does that make it your bike?”

Mr. Zuckerberg, wearing a dark suit and striped tie rather than his typical T-shirt and jeans, answered, “no,” but then added, “The idea that Oculus technology is based on someone else’s is just wrong.”

The 32-year-old Facebook founder has spoken about virtual reality as an important part of the company’s future business, especially as the technology becomes less expensive and its uses clearer.

The Oculus acquisition was more expensive than the $2-billion price tag indicated, Mr. Zuckerberg said in court, describing $700 million spent to retain employees and $300 million in payouts for reaching milestones. Oculus originally wanted $4 billion, he said.

Mr. Sammi questioned whether Facebook knew what it was doing when it made the acquisition. Mr. Zuckerberg said the Oculus deal was done over a weekend in 2014, which Mr. Sammi said did not show sufficient due diligence. Mr. Zuckerberg said, though, in later testimony that Facebook researched Oculus for months.

At the time, Mr. Zuckerberg testified, he was not aware of any theft claims against Oculus.

“It’s pretty common when you announce a big deal that people just come out of the woodwork and claim they own some part of the deal,” Mr. Zuckerberg said.

On the stand, he also gave details about Facebook’s $22-billion purchase of messaging service WhatsApp in 2014. While the deal was in progress, another company he did not identify made a last-minute bid that was higher, Mr. Zuckerberg said, but WhatsApp declined because of its good relationship with Facebook.

The Oculus lawsuit, in the sixth day of a jury trial, relates in part to programmer John Carmack.

Well-known for helping to conceive games such as Quake and Doom, Mr. Carmack worked for id Software LLC before that company was acquired by ZeniMax. He is now the chief technology officer at Oculus.

Mr. Zuckerberg denied that Mr. Carmack has unfairly used computer code from his previous position. “There is no shared code in what we do,” he said.

Mr. Zuckerberg said he has been interested in virtual reality since he was a student, but thought it was decades away from happening before he encountered Oculus. He told jurors how he used virtual reality to capture his daughter’s first steps, so her grandparents could experience it later.

“We want to get closer to this kind of perfect representation, so you can capture a moment you had,” he said. — Reuters
Facebook CEO Mark Zuckerberg is seen on stage during a town hall at Facebook’s headquarters in Menlo Park, California, Sept. 27, 2015. — Reuters

Courtside — Anthony L. Cuaycong

Domineering Warriors.

First off, let’s be clear about one thing: The Warriors’ victory over the Cavaliers the other day has absolutely no bearing at all in regard to their bid to claim the Larry O’Brien Trophy in June. For all the celebrating the 35-point trouncing elicited in the 19,516-strong Oracle Arena, it was, in the final analysis, a single outing midway through a long campaign. True, the way it unfolded was nothing short of perfect for the blue and gold; they got off to a scorching start and sustained their focus until the final buzzer, exposing the defending champions as overmatched at best. On the other hand, it’s precisely because they don’t have the hardware on their mantel that they would do well not to delve on the significance of their accomplishment.

Indeed, the Warriors understand the pitfalls of premature revelry. This time last year, they likewise schooled the Cavaliers; in fact, the 34-point drubbing compelled the latter to institute internal overhauls designed to keep pace with the evident front-runners. They then went on to post two National Basketball Association milestones; they became owners of both the best regular-season record and the worst Finals collapse in pro hoops history. So if there’s anything their bitter experience taught them, it’s that the finish is far more important than anything before it.

That said, the Warriors cannot but be pleased with how they competed against the Cavaliers, who hitherto seemed to have their number. Their travails have made them wiser, and their potential to contend consistently in the medium term have also made them more intimidating; one-time league Most Valuable Player Kevin Durant would not have joined them had they managed to defend their title. And, as they stamp their class anew, they appreciate the irony of their Finals failure setting up their future success.

In the aftermath of the Warriors’ triumph, vital cog Draymond Green professed his belief that they have a rivalry with the Cavaliers. In truth, they’re a cut above all and sundry. At their best, they have no equal, which is to say they need not go beyond their own backyard to find their most formidable foils. When they’re full of confidence, as they are these days, they don’t just win; they dominate.

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

 

Land reform rules hamper credit — IDEA

RESTRICTIVE conditions set by past agrarian reform laws have prevented farmers from reaping the full benefits of land ownership, according to a group of economists.

According to the Institute for Development and Econometric Analysis, Inc. (IDEA), ample credit remains beyond the reach of agrarian reform beneficiaries (ARBs).

“The presence of a bank facilitates spending through credit [and in turn] spending facilitates growth in a region, province, or town. But this growth may not be inclusive because there may be sectors left behind, especially those who were not able to access credit,” IDEA said.

“The banking industry is hindered by our flawed agricultural and agrarian policies,” the group said.

More than four decades since land reform was first implemented nationwide by the late President Ferdinand E. Marcos, Sr., the government has distributed several million hectares of agricultural land to more than two million farmers.

Following Marcos’s ouster, his successor, Corazon C. Aquino, pushed for the passage of the Comprehensive Agrarian Reform Program (CARP) as her centerpiece social-justice program. The enactment into law of the CARP came more than a year after the fatal shooting of 13 farmers holding a protest rally several meters away from Malacanang on Jan. 22, 1987. The fatal shooting was dubbed the “Mendiola massacre” whose 30th anniversary falls on Sunday.

In 2009, President Gloria Macapagal-Arroyo successfully pushed for the extension of CARP, which was renamed CARPer, in line with RA 9700, or the CARP Extension with Reforms Act. In 2014, the CARPer Law expired after President Benigno S. C. Aquino III failed to push for a second extension of his late mother’s centerpiece program.

Latest data from the Bangko Sentral ng Pilipinas showed that only P29.98 billion or 0.96% of loans in the Philippine banking system went to ARBs, a very small percentage compared to the 10% minimum quota set by the Republic Act (RA) 10000 or the Agri-Agra Reform Credit Act of 2009.

“The limited size of the land owned by the farmers does not help entice the banks to lend to them and it would be imprudent for banks to put their depositors’ money at risk,” IDEA said.

Agrarian reform programs — from Marcos’; Presidential Decree No. 27, s. 1972, to RA 6657 and its extension, RA 9700 — cap land distribution to a maximum of three hectares per ARB. Landowners, on the other hand, may only retain up to five hectares.

IDEA cited several reasons why such an arrangement is a disincentive to bank lending.

“Firstly, these can’t be transferred or sold within 10 years from award, so banks can’t foreclose on them and transfer their titles to them. Secondly, the Landbank (Land Bank of the Philippines) has prior lien on these properties on the basis of the amortizations that farmer beneficiaries must pay Landbank. Thirdly, the market for foreclosed CARP lands is limited since by law, it can only be sold to qualified CARP beneficiaries.”

Farmer beneficiaries shall pay for their land in 30 annual amortizations to Landbank at 6% interest per annum. Meanwhile, if a CARP beneficiary wants to sell or transfer a landholding within the 10-year lock-in period, the only eligible recipients are the spouse or heirs, another qualified beneficiary, or the State through Landbank.

After 10 years, the land may be sold to the State or to an individual qualified under CARP, who owns not more than five hectares of agricultural land and must be a direct cultivator.

“Moreover, the fact that the majority of CLOAs or Certificate of Land Ownership Awards are still collective (i.e. not broken down into individual parcels) prevent farmer beneficiaries from accessing credit on an individual basis,” IDEA said.

So far, around 4.7 million hectares of agricultural land has been distributed by the Department of Agrarian Reform to 2.2 million beneficiaries.

Between 1972 and 2015, the agriculture, forestry, hunting and fishing sector’s annual output, as measured by gross value added, has grown 157% but their share of the country’s gross domestic product contracted to 9.5% from 19.6%.

To encourage lending in the rural sector, IDEA suggests amending the Agri-Agra Credit Act while at the same time, addressing property rights restrictions on rural land.

“Allowing the farmers to own lands the size beyond the set ceiling is one condition. There will then be demand from these qualified borrowers with their bankable assets,” IDEA said.

“Another condition is that banks should not be required to hold the foreclosed properties up to five years, as required by the Agri-Agra Law, to make whatever bankable assets the farmers have less risky for banks to accept as collateral.”; — Jochebed B. Gonzales

To encourage lending in the rural sector, IDEA suggests amending the Agri-Agra Credit Act while at the same time, addressing property rights restrictions on rural land. — AFP

Chess Piece — Bobby Ang

Tumbaga memories.

I’d like to introduce BW readers to Mr. Eliseo Tumbaga. He has been a journalist and then later an entrepreneur, corporate executive and business consultant for the past 43 years.

As regards, chess he is a FIDE-licensed trainer with rank of National Instructor and secretary of the Professional Chess Trainers Association of the Philippines. Eli is also the founder and admin of the Facebook group Chess News Views, which I urge all our readers to join.

It was in his Facebook page that I learned several months ago that chess legend GM William Lombardy was facing imminent eviction from his New York City home of the past 30 years due to rent in arrears.

William Lombardy was one of the best players in the USA during the 50’s and 60’s. He won the 1957 World Junior Championship with a perfect 11-0 score (one of his victims was Rudy Tan Cardoso), a record that stands to this day.

In 1967, he was ordained a Roman Catholic priest but left the priesthood in the 80’s to get married and have a son. His main claim to fame was for being the coach and second of Bobby Fischer from the time Bobby was 11 years old all the way up to the 1972 World Championship match with Boris Spassky. It is said that Lombardy was a key figure in keeping Fischer in Reykjavik despite several threats to withdraw and to finish the match victoriously.

Mr. Tumbaga reported that Lombardy’s problem with the rent was solved when a generous family in the Chicago area offered to let him move in with them. Eli then shared some of his memories of William Lombardy when he came to Manila to participate in the 1973 Manila International, the very first attempt of the Philippines to organize a big international tournament. In the 1960s, Meralco organized tournaments with guest grandmasters, even bringing in Bobby Fischer once, but in the 1970s, Mr. Florencio Campomanes started organizing big international tournaments in the Philippines, and even made the impossible dream come true of having a chess Olympiad brought to Manila shores in 1992.

That was still many years away. With the chess popularity after the 1972 match of the century between Bobby Fischer and Boris Spassky “Campo” invited world championship candidate Bent Larsen, top players from world powers Yugoslavia, USA and Argentina and some more other European players to come to the Philippines and play in the inaugural Manila International Chess tournament. The players were to be wined and dined and treated like kings, even brought to Malacañan Palace where President Ferdinand Marcos feted them.

Eli Tumbaga’s memories:

“I had the pleasure of meeting GM Lombardy in 1973 when I was just starting out as a 19-year-old sportswriter with The Times Journal one of the three leading English-language newspapers in the Philippines.

“Early one morning, before 7 o’clock, I went to the Manila International Airport to meet GM Lombardy and GM Lubomir Kavalek. They were arriving from San Francisco to take part in the Manila International Chess Championship and I was assigned by my editor to interview them.

“When I arrived at the airport, Mr. Florencio Campomanes was already there waiting for the two GMs. As you know, he always wanted to be in control of any situation and I think he was annoyed that I was going to interview them. Mrs. Irina Kavalek arrived with them, by the way, and the Times Journal photographer was also there. Campo couldn’t say directly that interviews were banned but his glare said it all. He couldn’t box me out totally because there were three visitors and I was able to interview them in round-robin fashion as they were walking towards Immigration desk and then to the exit.

“In the evening, the two American GMs conducted a simultaneous exhibition and my boss managed to get a seat for me. I was assigned to Kavalek, who had acted as Fischer’s second in the second half of the match with Spassky after Fischer had a disagreement with Lombardy.

“The simuls were held at the penthouse of the Manila Bank building on Ayala Avenue which is now the head office of China Bank Savings. Manila Bank was owned by the Puyat family and Lito Puyat, president of the Basketball Association of the Philippines at the time, invited them to watch a basketball game at the Rizal Memorial Coliseum after the conclusion of their joint exhibition.

“As it turned out, I was the last man standing among the chess amateurs who showed up that evening. No one anticipated that I would put up stiff resistance against GM Kavalek. Because our game was taking too long, the visitors were in danger of missing the basketball game altogether. At one point, GM Lombardy said to GM Kavalek in a loud stage whisper: Give him a draw so we can watch the ballgame!

“GM Kavalek ignored the plea. I played the Najdorf Variation of the Sicilian Defense against him, not knowing that he was one of the foremost experts in the world on that opening, and I was holding my own deep into the middlegame.

Perhaps GM Kavalek considered it a matter of honor not to concede a draw in his area of expertise to an unknown amateur, who only a few months before had played in the national junior championship — his first tournament.

I lost the match eventually but I wasn’t unhappy about it. I learned later that the visiting grandmasters arrived at the basketball venue with just minutes remaining in the game.

“In the evening, I was worried that Campo might still be mad at me. But he kept a poker face and then turned on the charm when the simuls were about to begin. When I was the only one left playing, I saw him with a wide grin beside GM Lombardy. They stood behind GM Kavalek, looking at the position on the board with much interest. I think he was telling GM Lombardy that I was one of the products of his junior tournaments in the Philippines. By the time my match with GM Kavalek was finished, I think I had been forgiven for my transgression in the morning.

“A few days later, my editor, Gus Villanueva, told me that Campo called and had some nice words about my play.

“It was certainly one of my most memorable experiences as a chess player who had never before played a GM. The Philippines — and the whole of Asia — did not have a GM yet at the time. Eugene Torre got his GM title the following year, after the World Chess Olympiad in Nice, France. Sadly, I lost the scoresheet as I kept moving from place to place.

“I certainly hope that our chess-playing friends in Chicagoland, particularly IM Angelo Young and Florentino Inumerable, will find the time to welcome GM Lombardy to his new place of residence.”

Manila 1973

Final Standings

1. GM Bent Larsen DEN 2620, 12.5/15

2. GM Ljubomir Ljubojevic YUG 2565, 11.5/15

3. GM Lubomir Kavalek USA 2565, 11.0/15

4. GM Svetozar Gligoric YUG 2595, 9.5/15

5-6. GM William Lombardy USA 2520, GM Florin Gheorghiu ROM 2550, 9.0/15

7-8. IM Stefano Tatai ITA 2430, GM Borislav Ivkov YUG 2520, 8.5/15

9-10. GM Miguel Najdorf ARG 2525, GM Miguel Angel Quinteros ARG 2520, 8.0/15

11-12. IM Eugenio Torre PHI 2430, IM Rodolfo Tan Cardoso PHI 2375, 6.5/15

13. IM Renato Naranja PHI 2420, 4.5/15

14. NM Edgar de Castro PHI 2285, 4.0/15

15-16. IM Max Arie Wotulo INA 2330, IM Haji Ardiansyah INA 2350, 1.5/15

Manila 1973 was among the strongest international tournaments in 1973. GM William Lombardy finished fifth and won the $1,000 “Brilliancy Prize” for the following game (also in the Najdorf Variation).

* * *

Lombardy, William James (2520) — Quinteros, Miguel Angel (2520) [B99]

Manila (13), 03.11.1973
1.e4 c5 2.Nf3 d6 3.d4 cxd4 4.Nxd4 Nf6 5.Nc3 a6 6.Bg5 e6 7.f4 Be7 8.Qf3 h6 9.Bh4 Qc7 10.0 — 0 — 0 Nbd7 11.Be2

The bishop goes to e2 to support the g2 — g4 pawn push. If he pushes the pawn now Black has 11.g4? g5! 12.fxg5 Ne5 13.Qg3 Nfxg4 14.gxh6 Bxh4 15.Qxh4 Qe7 the second player is doing very well.

11…Rb8

Removing the rook from the long diagonal in anticipation of the e4-e5 pawn push by White.

12.Qg3

Attacking g7 and also threatening Nxe6

12…Rg8 13.Rhf1!

GM Lombardy had been writing a book on the 1973 USA Championship and had studied intensively this move, which John Grefe used with deadly effect against Walter Browne in the 1973 USA Championship.

13…b5

The Grefe game continued 13…g5 14.fxg5 Ne5 15.Nf3! b5 16.Nxe5 b4 17.Nxf7! bxc3 18.gxf6! Rxg3 19.fxe7 Rg5 20.Bxg5 hxg5 21.Nxd6+ 1 — 0 Grefe,J (2200)-Browne,W (2530) El Paso 1973.

14.Nxe6!?

Lombardy took an hour before deciding on the text move. Actually, recent analysis has shown that a better way to continue is 14.Bxf6! Bxf6 (14…Nxf6 15.e5 dxe5 16.fxe5 Nd7 17.Nd5! exd5 18.Bh5 Bg5+ 19.Kb1 Rf8 20.Rxf7! too much!) 15.f5 Bxd4 (15…Nc5 16.fxe6 Bg5+ 17.Kb1 Bxe6 18.Nxe6 Nxe6 19.Nd5 Qc5 20.h4 Be7 21.Bg4 White just has too many threats and he has not even sacrificed anything) 16.fxe6 fxe6 17.Bh5+ Kd8 18.Rxd4 b4 19.Ne2 Rb5 20.Qg6 Qc5 21.Qxe6 Nf6 22.Qb3 Qxh5 23.Rxf6 White has a decisive advantage.

14…fxe6 15.Qg6+ Kd8

[15…Kf8 16.e5 dxe5 17.f5 (threat is Bh5) 17…e4 18.Bxf6 gxf6 (18…Nxf6 19.Bh5) 19.Qxh6+ Rg7 20.fxe6 followed by Nd5]

16.e5 dxe5 

POSITION AFTER 16…DXE5

17.f5!?

During the time of this game Lombardy’s 17.f5 was hailed as a brilliant solution, but in the light of the Black defense pointed out later it appears that 17.Qf7 is more correct. 17…Re8 18.Qxg7 Nd5 19.Bh5 Bxh4 20.Bxe8 N7b6 21.Qxh6 Qe7 22.Ne4! Kxe8 23.fxe5 Kd8 24.g3 White’s material advantage will win the game for him.

17…exf5 18.Bxf6 Bxf6 19.Nd5 Qc6! 20.Rxf5 Rf8 21.Bg4 Rb6?

The losing move. Black can still miraculously hold the position with 21…Qe6! after best play 22.Rf3 (22.Rxf6? Rxf6! tables are turned and it is now Black who is winning) 22…Qe8 23.Qe4 Bg5+ 24.Kb1 Rxf3 25.Qxf3 Qf8 it looks like the worst is over for Black.

22.Rxf6! gxf6

22…Rxf6? 23.Qxg7 Re6 24.Qf7 there doesn’t seem to be anything Black can do. If 24…Qd6 then 25.Nxb6 Qxb6 26.Bxe6 Qc6 27.Qf8+ Kc7 28.Qe7 e4 29.Bf5 a5 30.Bxe4 Qb6 31.Bf5.

23.Qg7 Rb7

[23…Re8 24.Nxb6 Re7 25.Qg8+ Re8 26.Bxd7!]

24.Qe7# 1 — 0

A nice finish.

Bobby Ang is a founding member of the National Chess Federation of the Philippines (NCFP) and its first Executive Director. A Certified Public Accountant (CPA), he taught accounting in the University of Santo Tomas (UST) for 25 years and is currently Chief Audit Executive of the Equicom Group of Companies.

bobby@cpamd.net

Fence Sitter — A. R. Samson

Putting a value on character.

In their evaluation process for making loans, banks and other lending institutions look at the five “C’s” of credit. Aside from Capacity, Capital, Collateral, and recently Conditions which include matters like industry structure, technology change, or external factors, there is “Character.” This “C” focuses on a borrower’s track record in paying up credit cards, utility bills, and caterers to indicate his sense of fiscal responsibility. After all, not all those with money to pay actually settle their bills on time.

Is there too in the valuation of a stock a character premium or discount? Do analysts and investors go beyond financial ratios, industry structures, market shares, and historical performance into the leadership styles, succession plans, or spending habits of management?

There is a case to be made for paying attention to the reputation of the principal behind a company. In the new field of behavioral economics, the value of character in a corporation is becoming part of the metric in picking stocks.

Thomas Schelling, a 2005 Nobel laureate in economics, cited for his conflict-collaboration game theory, used the term “egonomics” to refer to self-management in personal matters, weighing costs and benefits of acquisitions and purchases, or being rid of addictions. The ego of a person in the sense of his core personality as well as striving for status can play a role in economic decisions.

On the supply side, ego plays a part too. Is the listed company of a particular player worthy of a premium or a discount? Some positives driving premium pricing includes the management’s track record of transparency and fiscal prudence combined with a working growth strategy. A character discount can involve fuzzy accounting, weak second-tier management, over-the-top spending habits (how many corporate planes?), and a whimsical strategy of acquisitions by the principal.

Characters as stock pickers (demand side) also affect market sentiment. A market maker like Warren Buffet “betting all-in on the future of the American recovery” with the purchase of railroad stocks, like the Burlington Northern Santa Fe (BNSF) four years ago, can make the bears take flight and change market sentiment for certain stocks.

In our small local market, character reigns.

Stocks are identified by their principals and lumped together as the “XYZ” group, if that combination of letters is a person or family. The difficulties that befall one subsidiary can affect even the group’s holding in unrelated businesses. Rumors of a takeover of a company by a particular character are enough to lift a sleepy stock into the stratosphere or make it go on free fall. The research analysts’ valuations, based on future cash flows and acquisition synergy drive up not just the target stock but also the shares of perimeter companies associated with specific characters.

The effect of character on the value of the stock is a tricky connection.

With corporate reputation now driven just by word of mouth and social media with its fake news, the character impact can be overblown. Matters of a lavish lifestyle with yachts and private jets, and opportunism associated with political connections are random stories told of corporate chiefs.

In a small economy where all the characters and their reputations are well known, change in management and ownership matters a lot. Specific personalities dominate the financial space.

Buying into a company through its shares is a declaration of faith in its principals. As my friend and stock market guru, Wilson Sy, puts it, “Buying a stock is like going into a partnership with the principals of a company.”

Character analysis is not a static science as personalities change too. New names come up and quickly grow into conglomerates. Old names drop out of the picture. New tech companies rise and fall. Still, it is the track record, sometimes a very short one that determines whether character will play a big part in the price of the stock.

In a small market like ours it is a small group of players that needs to be watched as closely as the ticker tape.

Fortunately for the character witnesses, there are just a few players to track and they don’t necessarily talk to each other. And when they do… is it time to buy or sell?

A. R. Samson is chair and CEO of Touch DDB.

ar.samson@yahoo.com

 

Killing me softly

Killing me softly

Fourteen years ago, my mother succumbed to cancer. She died eight days short of her 60th birthday. That was more than a decade ago, and since then billions of dollars have been spent on cancer research worldwide. And yet, today we are nowhere nearer to finding a cure for cancer than we were 14 years ago. And cancer medicines have remained just as expensive.

To be shot in the head can mean almost instantaneous death. Cancer, on the other hand, can mean a “slower” death. But, dealing with the high prices of cancer medicine is what I refer to as “killing me softly.” It is bad enough that you are dying of cancer, but why do you have to suffer from “profiteering” as well in the hands of unscrupulous “legal” drug merchants?

I am fully aware of the enormous amount of money spent by pharmaceutical companies and the effort they put into cancer research, and the development of new medicines — without any assurances of success. I understand that RD can make or break a pharmaceutical company, and flush down the drain millions if not billions of dollars coming from their investors.

A pharmaceutical company may tend to prioritize the interest of shareholders above other stakeholders like customers, who may be cancer patients. Business is business, after all. And unless it operates at a profit, a drug maker can simply fold tent. My concern, however, is the lack of transparency in determining fair as opposed to excessive profit for drug makers.

If ensuring profitability means keeping prices high, then this limits access even to life-saving drugs particularly for poorer cancer patients. How then do we balance the interests of both the drug maker and the drug user? Who gets to decide whether or not a drug maker is making too much profit from a particular cancer drug? Do we leave everything to market forces?

To cite an example, I was informed that about a year ago, a particular cancer drug was retailing for about P100,000 for a box of pills good for a month. The medicine, while made by a foreign drug maker, was available from an exclusive distributor in Metro Manila. The distributor’s price later on went up to P120,000, and then to almost P150,000.

The high price was actually unsurprising to me, having been left with the impression since my mother’s time that cancer medicines have always been expensive. What surprised me, however, was how the price for this particular cancer drug was rising significantly over a relatively short period of time. Perhaps a case of high demand + low supply?

Now, if you are a retiree living on a pension, and given the paltry sum that you receive from the Social Security System (SSS), and despite your membership in PhilHealth, and even with senior citizen’s discount on medicine, how can you possibly afford to sustain a life-saving medical intervention that costs you roughly P150,000 a month?

And then you learn, rather belatedly, that a similar cancer drug — a generic version of it, so to speak — is available in India at only a fraction of the Philippine price? Maybe at just 25% of the Philippine price? And while there may be concerns about the Indian version’s efficacy, you just have to ask yourself how India can sell a similar drug at just 25% of the branded version’s cost?

Perhaps this is one of the reasons why the drug’s branded version sold in the Philippines, just recently, reportedly lowered its retail price (from the distributor) to about half of the original price. The cancer drug, I was told, now retails for less than P70,000 when at its peak several months ago, it was selling at almost double that.

The price drop, I am sure, is a welcome development for Filipino cancer patients. But, what gets me riled up is the fact that the drug can actually be sold at half its original price, and yet, for the longest time it was selling at a high. Or, is it now on “sale” and sold at a bargain? High inventory + low demand = lower price? Is the price cut meant only to move inventory?

If the price goes up again in the near or even distant future, then there is really something wrong with the way the government is regulating — or not regulating — retail prices particularly for cancer drugs. This is precisely my point regarding lack of transparency in drug pricing. Cancer patients are at the mercy of pharmaceuticals, and lack recourse against profiteering.

About a month ago, President Duterte made public his opinion against the Trans-Pacific Partnership (TPP) trade agreement proposed by the United States. He was quoted as saying that his concern about the TPP was how it would affect the Philippines’s access to “generic medicine,” given the agreement’s provisions on the stricter protection of patents.

If under the TPP we would be precluded from selling unbranded or generic medicine, he said, then this would a great loss to our people. “We are promoting generic because we are a poor nation and we can buy the medicines at [cheaper] costs [from India and Pakistan],” the President told media.

And by medicine, I believe, this can refer not only to generic “maintenance” medicines for hypertension and diabetes, for example, but also to cancer medicine. And, while I understand that drug makers need to be sufficiently prosperous to continue their work, there has to be a way to protect the interest of patients who need but cannot afford life-saving medicine.

In this line, we need to put in place a better system, perhaps with government intervention, than simply relying on market forces for balancing and protecting the interests of both drug makers and poor cancer patients, especially retirees.

Marvin A. Tort is a former managing editor of BusinessWorld, and a former chairman of the Philippines Press Council

matort@yahoo.com

 

The View From Taft — Benel D. Lagua

Financial inclusion and financial stability

The Bangko Sentral ng Pilipinas (BSP) deserves a lot of credit for diligently aiming for financial inclusion in the Philippines. The BSP defines financial inclusion as the process of providing access to financial services for all — savings, credit, investment, money transfers, and other products. The financial inclusion agenda revolves around three pillars: (1) access to financial products and services; (2) financial education and literacy; and (3) financial consumer protection. These objectives are especially critical to the underbanked and unbanked, people who struggle in an uncertain world of financial exclusion and insecurity. The BSP has been at the forefront of developing the National Strategy for Financial Inclusion, which involves private and public sector stakeholders.

We have to remember though that the BSP is also at the center of efforts to promote stability and efficiency in the financial system. In fact, this is the primary reason for being of any country’s central bank. The BSP promotes price stability so that the country’s financial system is conducive to balanced and sustainable growth of the economy. Its monetary policy is conducted using inflation targeting as a primary tool. It exercises effective regulation and supervision over financial institutions under its jurisdiction. The approach is through a risk-based capital adequacy framework using Basel II/III and compliance with best practice financial reporting standards.

Basel III, for example, will provide regulations by way of stricter standards on banks on the levels of capital they maintain. The regulations will improve the quantity and quality of bank capital through mandated capital ratios. It will also redefine what constitutes core (or Tier 1) bank capital and redefine bank liabilities and risk management standards. Liquidity coverage and funding ratios are tweaked to increase capital and improve liquidity, problems that were encountered in previous financial crises.

While stability is enhanced, the cost of raising capital for small business could be affected. The higher capital ratios and compliance costs, together with the higher cost of capital, will impact the viability of smaller banks. Small banks are more inclined to serve and lend to small business entrepreneurs. This is attested to by the banking community’s compliance with the mandatory lending provisions of the Magna Carta for SMEs, where the thrift banks and rural banks are reported to be most compliant in the micro and small business segment. Regulations that will require banks to assign higher risk weights to small businesses will serve as a disincentive to servicing this sector. Customization of loans to a small business’unique needs also suffers in the process because of the higher costs of doing business. In general, Basel III effects on lending to small businesses are generally expected to be disproportionally negative.

Let’s look at the situation from the other side. A liberal approach to financial inclusion by way of relaxation of credit standards, especially for the underbanked, can backfire. The reason for being underbanked or unbanked is not a simple supply problem, and may be an issue of borrower creditworthiness, the character and capacity to pay external debt. The sub-prime mortgage lending situation in America that led to the global financial crisis is a recent example of an aggressive foray into the underbanked gone awry. This is a classic moral hazard, where both lenders and borrowers behave in accordance with the incentive structure of the liberalized credit environment.

The policy dilemma is clear. These two policy objectives — financial inclusion and financial stability — are both important, but they demand actions that may lead to consequences at cross purposes with each other. And these outcomes may even be totally unintended. The behavioral effects are not necessarily consistent and in harmony.

This is precisely the focus of a recent study by Cihak, Mare, and Malecky. The authors conclude that “on average, financial inclusion and financial stability are negatively correlated, and thus linked more through tradeoffs than synergies… While tradeoffs could dominate the inclusion-stability nexus, synergies could arise with almost equally high probability.” They add, “rapid increases in credit to previously informal firms that enter the formal sector should be monitored for potential threats to financial stability.”

The bottom line here is the need for greater policy coordination and astute management by our BSP leaders in achieving the right balance. In which areas can synergies be achieved? What are the risks and tradeoffs when one objective is pursued at the sacrifice of another?

Aiming for both inclusion and stability is a responsibility in which the BSP, a constitutionally independent body, needs support from a number of other government agencies for effective policy coordination. But since the BSP has assumed a mantle of leadership here, its efforts must be lauded, encouraged, and sustained. The next BSP leader must be cognizant of these tradeoffs and the potential synergies.

Benel D. Lagua is executive vice-president at the Development Bank of the Philippines. With an AIM-MBM and a Harvard-MPA. He is a part-time faculty of the College of Business, De La Salle University.

benellagua@alumni.ksg.harvard.edu

Thinking Beyond Politics — Angelica Mangahas

From the Strategic to the Personal:

Philippine President Rodrigo Duterte (L) and Japanese Prime Minister Shinzo Abe (C) inspect an honour guard during a welcoming ceremony at the Malacanang Palace in Manila on January 12, 2017.
Prime Minister Abe arrived in the Philippines on January 12, becoming the first foreign leader to visit since President Rodrigo Duterte took office last year and launched his deadly war on crime. / AFP PHOTO / NOEL CELIS

Abe’s Visit to the Philippines

Japanese Prime Minister Shinzo Abe’s Thursday visit to President Duterte highlights the continuing importance of the Philippines to Japan’s relationships in East Asia. As a long-time partner for the Philippines in areas both political and economic, Abe’s visit to the country is significant to our new government as the first among world leaders. In addition to helping seal the two countries’ deep ties, Japan’s support is especially meaningful as the country takes the stage as the 2017 Chair of the Association of Southeast Asian Nations (ASEAN).

Although the Philippines has pursued friendly relations with all of its regional neighbors this year, the results of elections around the globe last year have introduced new uncertainties in the geopolitical environment. To world leaders, the importance of the Philippines as an active player in the community of peaceful and law-abiding nations cannot be discounted. More than ever, the Philippines is in a position to strengthen its partnerships in pursuit of the national interest.

JAPAN’S ECONOMIC RELATIONSHIP WITH THE PHILIPPINES

During his visit, Prime Minister Abe announced a $8.7-billion aid package. To be delivered over a five-year period, the aid reportedly targets infrastructure improvements across the country. The package is the latest in the sequence of Japanese overtures to the Philippines. Last year, President Duterte returned from his state visit to Japan with $1.8 billion in pledged investments.

Japan has been one of the Philippines; most important international partners for several years. Historically, there are close economic and political ties between the two countries. Japan is the Philippines’ top trading partner. The government reports that in 2015, two-way trade with Japan accounts for $18 billion, or 14.4% of the country’s total trade. Philippine exports to Japan that year were valued at $12 billion. Most of the country’s exports to Japan are made up of electronic products (30.2%) and woodcraft and furniture (23.2%).

Japan was also the second-largest source of Official Development Assistance (ODA) in 2014, the latest figures available. ODA from Japan makes up 23.15% of the Philippines; total ODA portfolio, largely coming in the form of low-interest loans for government projects throughout the Philippines. Of course, Japan is also a major donor to the ADB, which is the third-largest source of ODA to the country (19.96% of the portfolio).

In reach of Japan’s ODA extends throughout the Philippines. They underpin projects spanning from hydroelectric and wind power projects in northern Luzon, to geothermal energy and arterial roads in the Visayas, to transmission lines, port terminals, and irrigation lines in Mindanao. Given the depth of Japan’s assistance to and partnership with the Philippines, there is every reason for President Duterte to repeatedly reaffirm the two countries strong relationship. In the President’s words, Japan is a friend closer than a brother.

THE PHILIPPINES-JAPAN STRATEGIC PARTNERSHIP

Moving beyond the economic backbone to the relationship, the Philippines and Japan elevated their ties into a “strategic partnership” in 2013. Although Japan is not obligated to come to the Philippines’ defense in case of an armed conflict, Japan has nevertheless invested in helping the Philippine government boost its security capabilities. As both countries are archipelagos and have territorial disputes with their neighbors, maritime security has been an important component of the two countries’ cooperation. There is a natural common ground in the two countries’ security objectives.

The Philippines and Japan joint statement on President Duterte’ visit to Tokyo is indicative of the priorities in the relationship. Immediately after reaffirming the two countries’ partnership and basic values, the joint statement makes several points related to maintaining and promoting peace and stability in the region. Japan’s multi-year effort to help the government boost the Coast Guard is a concrete manifestation of the two countries’ cooperation.

Finally, beyond the strategic reasoning, Abe made the effort to show a personal relationship with Duterte. The President is known to have strong personal views on foreign policy, as evidenced by several of his outbursts last year.

With the rise of the term “independent foreign policy,” the Philippines’ traditional partners have had cause for concern for their place in the Philippines’ roster of close friends. For this reason, it has become more important for Tokyo to demonstrate that its relationship with Manila extends beyond diplomatic documents and into real life. It’s hard to beat a visit to the President’s personal bedroom.

Angelica Mangahas serves as the Deputy Executive Director of Stratbase-ADRi. AFP

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