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Marcos forms panel to fine-tune probe of human rights violations

PHILIPPINE STAR/ MIGUEL DE GUZMAN

THE GOVERNMENT of President Ferdinand R. Marcos, Jr. has created a special panel to address human rights issues in the Philippines, but civic groups said the public should temper its expectations give the poor track record of agencies that govern it.

Under Administrative Order No. 22 signed on May 8, the Special Committee on Human Rights Coordination will fine-tune the investigation and data-gathering on human rights violations by law enforcement agencies.

It will also engage the private sector and “expand civic space.”

The panel is in keeping with the United Nations (UN) for the Joint Program on Human Rights, a three-year program set up in October 2020 amid extrajudicial killings under then President Rodrigo R. Duterte’s deadly drug war.

The new committee headed by Executive Secretary Lucas P. Bersamin and Justice Secretary Jesus Crispin C. Remulla will enforce a human right-centered approach to campaigns against illegal drugs and insurgency.

It should also facilitate access to redress mechanisms by human rights victims and ensure effective implementation of programs aimed at upholding the rights of prisoners.

The state should not subject anyone to torture and other cruel, inhumane or degrading treatment or punishment, according to the Marcos order.

The panel is under the Presidential Human Rights Committee, which has downplayed abuses under the Duterte government. Its members include the secretaries of the Foreign Affairs and Interior and Local Government departments.

Carlos H. Conde, a senior researcher at the Asia division of Human Rights Watch, noted that while the committee talks about accountability, it is “not an accountability mechanism per se” like the Commission on Human Rights.

“It has no UN or civil society organization participation and is going to be led by the Presidential Committee on Human Rights, which has zero record on accountability for rights abuses,” he said in an X post.

“My fear is that it will serve mainly as a propaganda arm to defend the government against allegations of rights abuses,” he said. “Some of the committee members are government agencies with their own poor human rights record.”

“With its premise of addressing human rights issues through mere ‘coordination,’ one cannot expect much from this special committee,” Karapatan Secretary-General Cristina Palabay said in a statement.

“It will go the way of the inter-agency committee created under Administrative Order No. 35 tasked to resolve extrajudicial killings, enforced disappearances, torture and other grave violations of human rights, which has a pitiful record of having handled only 385 cases and securing 13 convictions out of thousands of cases.”

Karapatan also cited the poor performance of a task force created under Executive Order No. 23 issued over a year ago, to probe labor-related violations.

The International Criminal Court has been investigating drug-war related killings under Mr. Duterte when he was mayor of Davao City from November 2011 to June 2016 as well as cases during his presidency up until March 16, 2019, the day before the Philippines withdrew from the court.

The government estimates that at least 6,117 people were killed in the drug war between July 1, 2016 and May 31, 2022, but human rights groups say the death toll could be as high as 30,000.

There were 11 reported drug-related killings in the country from May 1 to 7, one of which had no known drug ties, bringing the total cases since Mr. Marcos assumed office in 2022 to 652, according to the Dahas project from the University of the Philippines Third World Studies Center.

Of the 652 drug suspects, 270 were killed by state and 94 by nonstate agents, it said. — Kyle Aristophere T. Atienza

Philippines’ double standard in ICC, SCS dispute cited

PCOO

MANILA’s decision not to cooperate with the International Criminal Court (ICC) in its investigation of the government’s war on drugs is inconsistent with its foreign policy, according to a former Philippine envoy.

The government chooses not to help the ICC, which operates based on international rules, yet trumpets the importance of the rules-based order in its South China Sea (SCS) dispute with China, Marilyn J. Alarilla, former Philippine Ambassador to Turkey and Laos, told BusinessWorld in a Facebook Messenger chat at the weekend.

“The Philippines is always raising the importance of a rules-based order. This is the narrative we cite with allies and other like-minded countries in seeking their support versus China’s aggressive moves,” she pointed out.

Ms. Alarilla said rejoining the ICC would show consistency because the Philippines advocates a rules-based international order.

She said Mr. Duterte’s decision to withdraw from the international tribunal was a “personal decision” given his involvement in the drug war.

“How can we be credible if we are selective in supporting a rules-based order?” she asked. “Other countries like China, Russia, and the US, which conduct secret and nonlegal operations outside their territories, are concerned about being exposed for activities that violate human rights.”

President Ferdinand R. Marcos, Jr.’s stance not to cooperate with the ICC might be a political decision to prevent worsening ties with the Dutertes including Vice-President Sara Duterte-Carpio, she said.

Mr. Marcos has said his government would not lift a finger to help the ICC probe, which he sees as a threat to Philippine sovereignty.

The presidential palace last week said Mr. Marcos’ stance “remains clear and consistent,” as the Justice department prepares a brief on scenarios related to the ICC investigation including a potential arrest warrant for Mr. Duterte and a possible Philippine return to the court.

The ICC probe covers Mr. Duterte’s war on drugs from when he was mayor of Davao City and during his presidency until March 16, 2019, when the country left the ICC.

The state estimates that more than 6,000 people died in the drug war, but human rights groups say as many as 30,000 died. 

A Social Weather Stations poll in December showed 53% of Filipinos agreed with the ICC probe of the drug war.

Like the President, the Justice department insists it doesn’t recognize the ICC’s jurisdiction because the country has a working justice system. — Chloe Mari A. Hufana

Former Duterte adviser to be summoned to House probe of P3.6-B drug smuggling

By Kenneth Christiane L. Basilio

A FORMER adviser to ex-president Rodrigo R. Duterte would be called to a congressional investigation on the delivery of P3.6 billion worth of smuggled illegal drugs in Mexico, Pampanga last year.

The House Dangerous Drugs Committee said on Sunday its investigation would summon an economic advisor of Mr. Duterte who was previously implicated in the illegal drug trade as well as the overpriced supply deals between Pharmally Pharmaceutical Corp. and the government during the pandemic.

“This matter has now gone from a simple illegal drug smuggling to a national security concern,” Surigao del Norte Rep. Robert Ace S. Barbers said in a statement.  “We need to establish the link between these companies and… the financier of Pharmally (Pharmaceuticals Corp.)”

Last September, anti-narcotics operatives backed by the National Bureau of Investigation, the Bureau of Customs, and the National Intelligence Coordinating Agency busted the smuggling and delivery of 530 kilos of methamphetamine hydrochloride, valued at P3.6 billion, through Subic Bay Port to a warehouse in Mexico, Pampanga.

In an earlier House panel hearing, a director at Pharmally was tagged as among the incorporators of the company that owned the warehouse. This pharmaceutical executive was the one who had named Mr. Duterte’s former economic adviser as the alleged financier for the medical supply company.

“It is not as simple as it seems,” said Mr. Barbers, who is the panel chairman. “These personalities and their interests are so intertwined and intricately woven in an elaborate multi-layered company structure that resembles a maze deliberately designed to avoid detection.”

The House investigation on the drug bust also revealed that Chinese nationals involved in the case used fake Philippine documentation to skirt the law, allowing them to purchase properties in the country with the use of fictitious identities, Mr. Barbers added.

“Using fictitious documents and corporations, they went on buying sprees and allegedly bought hundreds and possibly thousands of hectares of agricultural and residential lands in Northern Luzon and started building warehouses,” he said.

Delayed VAT refunds scored

PHILIPPINE STAR/RUSSELL PALMA

THE GOVERNMENT must push for stricter penalties against internal revenue officers who cause delays in value-added tax (VAT) refund claims, economists and tax experts said at the weekend.

Last week, Senator Sherwin T. Gatchalian filed a bill proposing to transfer the responsibility of processing VAT refunds to the Department of Finance (DoF) Revenue Operations Group from the Bureau of Internal Revenue (BIR) as companies give up on their claims due to delays.

“Transferring the tax refund mandate to the DoF is no assurance that this proposed new VAT refund body will not implement the same inefficiencies as the BIR, in the guise of ensuring maximum government revenues from business activities,” Terry L. Ridon, a public investment analyst and convenor of think tank InfraWatch PH, said in a Facebook Messenger chat.

“The Senate should look into stiffer penalties against BIR officials in the event of unreasonable delays in processing VAT refunds and other tax claims.” 

Even foreign companies and investors have been complaining about stalled VAT refund claims.

The American Chamber of Commerce of the Philippines, Inc. has said VAT refunds for jet fuel purchases take as long as five years to resolve.

Benedicta Du-Baladad, founding partner and chief executive officer of Du-Baldad Associates, a law firm that specializes in tax commercial and corporate services, said the BIR should ensure that the 90-day period allowing the taxpayer to challenge a tax assessment is strictly followed.

“Any grant of refund beyond the 90-day period should earn interest at the same rate as that imposed in delayed payment of the government,” she said in a Viber message.

“Likewise, any denial of claim that is without legal and factual basis as found out by the court later on should be a ground for an administrative case against the officers handling the case. That’s equity and fairness.”

Earlier, Senate President Juan Miguel F. Zubiri said Japanese companies had threatened to leave the Philippines after finding it difficult to secure timely VAT refunds.

Mr. Gatchalian’s bill also ensures businesses are entitle to a VAT zero-rating on local purchases, provided they operate at 70% capacity.

“Rather than transferring the mandate, we can also consider equipping BIR with the soft and hard skills and infrastructure to make this mandate possible for them,” John Paolo R. Rivera, president and chief economist at Oikonomia Advisory & Research, Inc., said in a Viber message, commenting on the Senate bill. — John Victor D. Ordoñez

Better vocational review sought

THE PHILIPPINE Business for Education (PBEd) is calling on the government to ensure private sector involvement in reviewing the technical-vocational education and training (TVET) track in the country’s basic education program, with Senator Sherwin T. Gatchalian citing sufficient funds allocated for assessors.

“The industry support in all these efforts is crucial,” said PBEd Executive Director Justine B. Raagas of the TVET track for senior high school (SHS). “We urge greater private sector participation in the ongoing SHS review and call on business leaders to open work-based training opportunities to lead to employment.”

“Under this year’s national budget, P50.012 million was allocated to expand TESDA’s (Technical Education and Skills Development Authority) pool of assessors, adding 11,000 to TESDA’s assessors,” Mr. Gatchalian said in Filipino as he underscored the importance of the TVET track. “This is an important step for them (students) to have good jobs after they finish school.”

The SHS program, which is under congressional scrutiny, aims to embed TVET across tracks, facilitating curriculum development, certification, and employment linkages.

This is undertaken through collaborations between the Departments of Labor and Employment (DoLE) and of Education (DepEd), the Commission on Higher Education (CHED), and TESDA, which was firmed up by their signing of Joint Memorandum Circular 2 last week.

As agreed, the DepEd shall lead curriculum development and revision to integrate TVET into SHS tracks; TESDA will certify graduates and provide technical expertise; CHED shall develop credit transfer policies for TVET-certified students; and DOLE would facilitate employment partnerships for SHS learners.

Many of these goals are part of the proposed Batang Magaling Bill, filed as Senate Bill 2367 by Mr. Gatchalian, chairman of the Senate Basic Education Committee.

He said efforts to expand TESDA’s pool of assessors align with the goal of ensuring quality assessments.

“These initiatives are critical for boosting job prospects for TVET graduates and enhancing industry responsiveness in skills development programs,” said Ms. Raagas.

“By design, the K-12 program aims to give students enough time to acquire skills to thrive in whatever path they choose to take,” she added. — Chloe Mari A. Hufana and John Victor D. Ordoñez

DoT chief insures CL tour guides

TOURISM Secretary Ma. Esperanza Christina G. Frasco has rolled out over P2.55 million worth of accident insurance coverage for tour guides in five provinces in Central Luzon (CL).

In a statement on Sunday, the Department of Tourism (DoT) said that tour guides from Pampanga, Aurora, Bataan, Bulacan, and Tarlac received the insurance, which was personally funded by Ms. Frasco.

Aside from the personal accident insurance coverage, the tour guides also received tour guiding kits from the department as part of its efforts to improve Clark as an alternate gateway for tourist markets to and from the Philippines.

“The DoT recognizes the indispensable role of local community guides in the tourism industry, being considered frontliners in championing the country’s local destinations and upholding the rich Filipino culture, heritage, and history,” the DoT said.

The beneficiaries were from the Porac Tour Guides Association, Guides Alliance Bulacan at Your Service, Bataan Peninsula Tour Guides Association, Eco Tour Guides Association of San Luis Aurora, City of San Fernando, Pampanga Tour Guides, Accredited Guides Association of Pampanga, Bulacan Tour Guides, and Doña Remedios Trinidad, Bulacan Tour Guides.

The DoT also signed partnership agreements with eight sectoral partners to prepare Central Luzon’s industrial and business districts for hosting the anticipated MICE Conference on July 10–12 this year.

Under the memoranda, the different agencies committed to training stakeholders, from tourism enterprises to academic institutions and community-based organizations.

The DoT, through its Office of Industry Manpower Development, managed to train over 127,000 workers last year. For this year, it is aiming “to hit the bigger goal of 150,000 workers trained this year.”

As of May 10, there are around 5,500 tourism frontliners, with 2,152 from the accommodation sector, 1,506 from the academe, and 1,204 from the local government units in Central Luzon. — Justine Irish D. Tabile

Baguio preparing for La Niña

PHILSTAR FILE PHOTO

BAGUIO CITY — Mayor Benjamin B. Magalong of this city said he wants early preparations for the La Niña weather pattern, setting in motion initiatives in the face of above-normal rainfall expected to follow the long-drawn drought caused by El Niño.

“With the experience that we are having with El Niño where we are now into our seventh month of drought, weather experts fear a possible rebound through the coming La Niña which would mean strong typhoons and abnormally high rainfall and so we have to prepare this early to avoid casualties and severe damage to properties,” the mayor said over the weekend.

Under its “Making Cities Resilient (MCR) 2030” program, the Baguio city government has an outline of initiatives to combat looming climate change risks, he said. 

In terms of infrastructure preparations, the rehabilitation and clean-up of drainage and water ways and slope protection fixtures are underway.

Barangays are also being prepared through continuing capacity building and information education and communication programs, said Mr. Magalong.

Barangay officials recently participated in a series of seminars on disaster risk reduction and climate change adaptation to prepare their barangay response teams conducted by the City Disaster Risk Reduction and Management Office under Engr. Charles Bryan Carame.

The mayor said emergency response will be fortified with the introduction of the “orange bag” project where barangays will be required to keep ready emergency tools in attending to emergency situations especially during calamities. — Artemio A. Dumlao

Body scanners for Bilibid urged

BUCOR

IN LIGHT of the controversy over strip-searching visiting wives of inmates at the New Bilibid Prison (NBP) in Muntinlupa City, a congressman urged the government to provide non-invasive forms of body search assets like body scanners.

Prison guards at the national penitentiary should also undergo gender and elderly sensitivity training to prevent incidents of body searches that trample on the dignity of prison visitors, Bukidnon Rep. Jonathan Keith T. Flores said in a statement issued in Filipino on Sunday.

“I call on the Department of Justice (DoJ) and the Department of Budget and Management (DBM) to provide the National Bilibid Prison with non-invasive body search assets such as machines being used in major airports and drug-sniffing dogs,” he said.

Wives of political prisoners locked at the NBP filed a complaint with the Commission on Human Rights (CHR) after their “traumatic experience” of being strip-searched, with an elderly visitor subjected to body cavity searches under a directive from prison officials.

“I was made to squat three times and then bend over while opening my private parts to check for any hidden illegal items,” Gloria Almonte, one of the complainants, said in a statement released by political prisoner support group KAPATID last week. “I felt shame during those moments… it felt like my dignity as a human being was being trampled upon.”

The DoJ and DBM should provide the necessary funding for the national penitentiary to procure security equipment to prevent invasive strip searches for prison visitors, Mr. Flores said.

In the meantime, the DoJ and Bureau of Corrections (BuCor) could borrow equipment from the Office of Transportation Security so they could immediately halt the practice of invasive body searches, he added.

The BuCor on Friday suspended the practice of strip and body cavity searches pending an investigation on the complaint lodged by wives of political prisoners. — Kenneth Christiane L. Basilio

House to kick off plenary deliberations on Rice Tariffication Law amendments

PHILIPPINE STAR/MICHAEL VARCAS

THE HOUSE of Representatives will begin plenary debates on a proposed measure seeking to amend the Rice Tariffication Law this week, Speaker Ferdinand Martin G. Romualdez said Sunday.

Amendments to the rice law include extending the Rice Competitiveness Enhancement Fund (RCEF) for another six years and increasing its allocation to P15 billion from P10 annually.

The proposed amendments also include reinstating the National Food Authority’s (NFA) ability to sell rice directly to retailers, a move seen as reducing the retail prices of the staple product.

“We recognize the urgency of addressing the challenges faced by consumers due to high rice prices,” Mr. Romualdez said in a statement. “Through these plenary debates, we are taking decisive action to… ease the financial strain on Filipino households.”

The retail prices of rice range between P50 to P60 per kilo, according to the Philippine Statistics Authority.

“By amending the Rice Tariffication Law, we aim to bring about tangible reductions in rice prices, ensuring that Filipino consumers are not unduly burdened by high food costs,” Mr. Romualdez said.

Mr. Romualdez earlier said Filipinos would be able to avail rice at below P30 per kilo in July by authorizing the NFA to sell rice through Kadiwa centers.

The Kadiwa program is a marketing initiative by the DA allowing direct farm-to-consumer access.

However, the House leader said allowing the NFA to sell rice directly to Kadiwa centers is only a short-term solution to mounting rice prices, and that only through amending the rice law would rice become cheaper in the long run. — Kenneth Christiane L. Basilio

Market! Market! site being readied for redevelopment

TAGUIG.COM

THE Bases Conversion and Development Authority (BCDA) said the Market! Market! site in Bonifacio Global City (BGC) is set for disposal and redevelopment once its lease ends in 2027.

“The Market! Market! land will be redeveloped, and it will be mixed-use,” BCDA President and Chief Executive Officer Joshua M. Bingcang said at the One Clark Forum organized by the BCDA and the Economic Journalists Association of the Philippines.

“It is our single last big property in BGC, and we want to make sure that once we redevelop it, we’ll get the maximum value for the property,” Mr. Bingcang added of the 10-hectare semi-open air retail site managed by Ayala Land, Inc.

The BCDA plans to redevelop the site under a public-private partnership.

“Right now, it’s (the lease is) with Ayala, and of course Ayala can still participate in the redevelopment,” he said.

Meanwhile, the BCDA is also set to release the invitation to bid for the six-hectare mixed-use development in front of the Senate headquarters in Taguig after receiving approval from its board.

“We will publish the terms. But the proposal we got is that the investment should be at least P30 billion,” he said.

Located in front of the New Senate Building, Mr. Bingcang said that the area is a prime location as there will also be a Metro Manila Subway station in the area, which is the Senate-DepEd (Department of Education) Station.

“This is very prime. But right now, it is being occupied by the Navy. So, we will clear out the navy first,” he said. — Justine Irish D. Tabile

Clark public transport system could be bid out by end-2024 or early 2025

MABALACATCITY.GOV.PH

THE Bases Conversion and Development Authority (BCDA) is hoping to bring the Clark Integrated Public Transport System project to auction by the end of the year, pending the release of a feasibility study by the World Bank.

“We already had an agreement with the World Bank, and we just sent the contract to our external lawyer to study. But the agreement is for them to submit the report after six months, or in October,” BCDA President and Chief Executive Officer Joshua M. Bingcang told reporters.

“We can launch (the bidding) by the last quarter of 2024 or the first quarter of next year. The project cost, including the real estate, is around P3 billion to P5 billion,” said Mr. Bingcang.

The planned public-private partnership (PPP) needs to settle the division of labor on the project, including issues like who will build the infrastructure if necessary to mitigate risk for the private partner.

“Since it will be a PPP project, we will share in the risk. If the risk is too much for the private sector to bear, we can shoulder some of the costs, especially on the building of the stations, and then the private sector will just operate it,” he said.

Spanning approximately 60 kilometers, the bus rapid transit system will facilitate seamless travel from the airport to the city’s main gates and onward to the Clark Freeport Zone and to New Clark City. It will make use of electric vehicles and conventionally powered units compliant with the Euro 5 emissions standard.

“The target is to invite an operator that will provide services not just for New Clark City but also for the Clark Airport and the Clark Freeport Zone, and we will couple it with transport-oriented development,” Mr. Bingcang said.

He said such a business model will make the project more attractive to the private sector, as transport hub operators sometimes do not earn money from passenger fees.

“If you look at Tokyo, their stations are like malls. So, our model is transport-oriented development, and we will partner with real estate (companies) to make it viable,” he said. — Justine Irish D. Tabile

DENR probing Surigao del Norte mine’s failure to contain tailings

TWITTER.COM/DENROFFICIAL

THE Department of Environment and Natural Resources (DENR) said it has launched an investigation into Greenstone Resources Corp. after the reported failure of its tailings storage facility (TSF).

In a statement on Sunday, the DENR said it had dispatched a team to investigate the cause of the TSF failure and assess the extent of the damage.

“The (Mines and Geosciences Bureau) is also working closely with Greenstone Resources, local authorities and community leaders to ensure the safety and well-being of residents in the affected areas,” Environment Secretary Maria Antonia Yulo-Loyzaga said.

Greenstone Resources operates the Siana gold mine in Surigao del Norte.

Separately, the company said that cracks were discovered on the embankment of its tailing storage facility, caused by an earthquake and rains in Mindanao.

“The company voluntarily suspends its mining operations in order to expedite its emergency response activities, to closely examine what has transpired, and to ensure the absolute safety of its beneficiary communities,” it said.

The DENR said that it will investigate the factors that led to the incident, as well as the integrity of the facility and safety systems and procedures in place.

“Infrastructure failures highlight the urgent need for monitoring, regulation and oversight in the mining industry to de-risk operations and prevent incidents in the future,” Ms. Yulo-Loyzaga said.

“This is urgently needed especially because of the seismicity of our country and the impacts of climate change,” she added.

The DENR is currently reviewing the environmental and social impact of mining operation in the country.

“While we understand the important contribution to national development of the mining industry in Surigao del Norte and elsewhere in the country, risk management is a continuous dynamic and pro-active process,” she said.

Greenstone Resources said that it will rebuild any homes damaged by the incident. — Adrian H. Halili

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