Cop mess acquits drug suspect

March 13, 2024 | 9:27 pm

THE SUPREME COURT (SC) has acquitted a Filipina whom a trial court had sentenced to life imprisonment for illegal drug possession, as it faulted the police for mishandling evidence.

In a 12-page resolution written by Associate Justice Amy C. Lazaro-Javier, the tribunal reversed Jamalia Sultan Mala’s life sentence issued by a Butuan trial court on July 6, 2018, saying police had failed to follow protocol in processing the seized 26.6 grams of crystal meth.

“All told, the failure of the police officers to observe the rule on the chain of custody of the seized items compels this court to find that the guilt of Mala… is doubtful,” it said. “The presumption of innocence in her favor must stand.”

The Comprehensive Dangerous Drugs Act of 2002 (RA 9165) requires the presence of third-party witnesses as early as the time of the arrest.

The arresting officers in the case of Ms. Mala were found to have started contacting witnesses after the completion of the buy-bust operation, failing to satisfy the requirement that the insulating witnesses must be accessible to witness the inventory of the seized items.

“To this end, this Court has often held that failing to prove the integrity of the corpus delicti renders the evidence for the state insufficient to prove the guilt of the accused beyond reasonable doubt, and hence, warrants an acquittal,” the decision said. — Chloe Mari A. Hufana

MIIS campus to rise at Parklinks

March 13, 2024 | 9:27 pm

THE MULTIPLE Intelligence International School (MIIS) said it has started constructing its new campus at Parklinks, Pasig City, which is set to host the Academic Year 2025-2026.

“MIIS will have four floors to accommodate the current and future student population. The school has a provision for expansion in line with perceived needs once MIIS has completed its transfer from the Loyola Heights Campus to the Parklinks Campus,” MIIS Founding Directress Mary Joy Canon Abaquin said in an e-mailed statement on Wednesday.

The school is originally located in Loyola Heights, Quezon City, and will move to the 35-hectare mixed-use estate developed by Ayala Land and Eton Properties.

It is designed to accommodate around 1,200 to 1,400 students, offering international-standard education from pre-school to senior high school.

The facility will have a 5,000-square-meter multipurpose field, art ateliers, hydroponic indoor spaces, a Kids Can Youth Entrepreneurship Store, and a culinary laboratory.

The new MIIS campus is part of Parklinks Estate’s vision to promote a sustainable way to live, work, and play, Ms. Abaquin said.

“It will have green spaces, urban farming to promote farm to plate, use sustainable materials, rainwater collection, energy-efficient devices, and proper waste management systems,” she said.

The campus was designed by architectural firm GFP Architects with a projected total of 10,000 square meters of gross floor area. — Aubrey Rose A. Inosante

Mining firm seals 5-year social dev’t pact with Blaans

March 13, 2024 | 9:26 pm

KORONADAL CITY — Three areas of a highland town populated by thousands of indigenous Blaans stand to benefit from a five-year humanitarian program forged between their barangay governments and a private firm soon to explore copper and gold in their municipality.

Blaan tribal leader Domingo N. Collado, indigenous people’s representative to the Tampakan municipal council, said in a local radio interview on Wednesday that barangay chairpersons of Pula Bato, Danlag and Tablu signed a memorandum of agreement (MoA) with Sagittarius Mines Incorporated (SMI) last week.

The MoA contains details of a collaboration deal for SMI’s multi-million Social Development and Management Program (SDMP) for local communities in the next five years.

The SMI was contracted by Malacañang to operate, starting next year, the Tampakan Copper-Gold Project with written clearances from Blaan tribal leaders from the central office the National Commission on Indigenous Peoples and the Department of Environment and Natural Resources-12.

Cotabato Gov. Emmylou Taliño Mendoza, chairperson of the Regional Development Council 12, said experts from the DENR’s central office and geologists from Europe and Australia had placed at no less than $200 billion (P11 trillion) the value of copper and gold deposits in Blaan ancestral lands in Tampakan in separate surveys in the past 10 years.

The Philippine Mining Act of 1995 compels mining companies to fund socio-economic, health, education and infrastructure projects in host communities.

Barangay Chairpersons Neil Ryan T. Escobillo of Pula Bato, Judith J. Magbanua of Danlag, Gloria P. Magbanua of Tablu and Julius M. Clarete, who is SMI’s community development superintendent, signed the SDMP agreement during a simple rite in a commercial function facility in this city on March 5, according to Mr. Collado.

Mr. Escobillo is the president of the League of Barangay Chairpersons in South Cotabato province that covers all barangays in this city and the 10 municipalities in the province. — John Felix M. Unson

BIR rules out deduction for stores honoring senior, PWD discounts

March 13, 2024 | 9:23 pm

THE Bureau of Internal Revenue (BIR) said retailers who plan to honor the expanded discounts planned for senior citizens and persons with disabilities (PWDs) have no legal basis at the moment to claim tax deductions.

Speaking at a consultation organized by the Department of Trade and Industry (DTI) this week, Ron Mikhail Uy, representing the BIR, said: “We cannot give additional (tax deductions) without basis in the law. As of now, that is the stand of BIR.”

Agencies including the DTI are currently drafting a joint administrative order (JAO) increasing the discount entitlement for seniors and PWDs purchasing basic necessities and prime commodities (BNPCs).

Mr. Uy said the current laws governing such deductions are Republic Act (RA) 9994 and RA 10754, which outline specific requirements for deducting items from gross income.

Under Section 4 of RA 9994, or the Expanded Senior Citizens Act of 2010, establishments may only claim the discounts granted under subsections A and C as tax deductions based on the cost of the goods sold or services rendered.

Subsection A of Section 4 grants seniors a 20% discount and exemption from value-added tax on the sale of goods and services such as medicine, hospital fees, medical supplies, fares, hotel, lodging, restaurant meals, theater admissions, and funeral services.

Meanwhile, Subsection C of Section 4 governs the 5% discount on water and electricity supplied by public utilities.

“This has already been suggested and discussed with the technical working group of the Ways and Means of the Congress to add the deductibility of the 5% discount under BNPCs,” Mr. Uy said.

Officer-in-Charge and Assistant Director Cherryl G. Carbonell of the DTI’s Consumer Protection and Advocacy Bureau (CPAB) said that the department has already proposed to include the 5% discount as tax-deductible in a bill that aims to harmonize all the discounts.

“As of now, we are still trying to work it out, but really, there is no legal basis in the law. That is our status right now,” Ms. Carbonell said.

Steven T. Cua, president of the Philippine Amalgamated Supermarkets Association, Inc., told BusinessWorld that without deductibility, “retailers will have to resort to jacking up the prices to accommodate this expanded privilege accorded to a few.”

He questioned why the private sector needs to bear the burden for “privileges extended to 10% of the population.”

“The government is trying to tame inflation yet comes up with proposals that are inflationary in nature, as the extension of discounts adds to the retailer’s cost of operations,” he added.

He said judging from the BIR’s input, he doubted the CPAB’s ability to make progress with the effort to make the expanded discounts deductible.

Last month, Speaker Ferdinand Martin G. Romualdez announced plans to make seniors and PWDs eligible for a P500 discount each month on BNPCs, starting in March.

The proposal will entitle seniors and PWDs to a special discount of 5% on their BNPC purchases, not to exceed P125 per week, with no carrying over of unused amounts.

Asked about how much retailers might raise prices in response to the proposal, Mr. Cua said: “Pricing is a management decision; it is a strategy to (be) competitive. It really depends on the many factors considered by the concerned outlet,” he said.

“Do they want to please their owners and retain the same earnings? Do they see it as a chance to eat into its neighbors’ market share and delay an increase in prices? How much earnings are currently affected by the purchases of SCs and PWDs at a particular store? In the final analysis, sooner or later, stores will have to adjust their margins,” he added.

The DTI, Department of Agriculture, and Department of Energy plan to publish the JAO on the additional discounts within the month, which will be effective immediately. — Justine Irish D. Tabile

Nuclear power plants seen starting operations by 2032

March 13, 2024 | 9:22 pm

THE GOVERNMENT expects nuclear power to start feeding into the grid by 2032 at the earliest, the Department of Energy (DoE) told a House committee on Wednesday.

DoE Director for Energy Policy and Planning Michael O. Sinocruz said the Philippine Energy Plan contemplates the creation of eight small modular reactor units, each capable of producing 150 megawatts (MW), with consolidated energy output of at least 1,200 MW in the next decade.

The DoE also envisions additional conventional units capable of producing 1,200 MW by 2035, with further units expected to produce 2,400 MW by 2050.

“Renewable energy will dominate the capacity mix (with) as much as 71%,” Mr. Sinocruz told the Committee on Nuclear Energy. “Nuclear will be providing at least 10% of this capacity by 2050.”

The projection assumes the Philippines hits “the set target for renewable energies (of) 50% by 2040 onwards.”

The National Economic and Development Authority (NEDA) told the panel that the inclusion of nuclear energy is in line with the expectations of the agency by 2040.

Ambisyon Natin 2040 is a development plan conceptualized by NEDA that sees the Philippines as a “prosperous middle-class society where no one is poor,” according to the NEDA website.

However, Ambisyon Natin 2040 is just “an aspiration; it’s what we want to see in the state of the country in 2040,” NEDA Director Francis Bryan C. Coballes said.

In its current six-year planning horizon, NEDA sees the need to integrate reliable power infrastructure to support growth. These infrastructure items include the “inclusion of nuclear energy.”

“The role of infrastructure is to support other economic sectors,” Mr. Coballes said. “It’s supposed to be the foundation to support economic activities which will eventually help us achieve our goal.”

NEDA sees the benefits of adopting nuclear energy in the power mix as it is “clean and carbon-free” and a source of “reliable baseload power.” — Kenneth Christiane L. Basilio

Balisacan supports NEDA reorganization

March 13, 2024 | 9:21 pm

THE National Economic and Development Authority (NEDA) said the planned reorganization to elevate it into a department-level agency is expected to give it equal footing with other departments and streamline the budget and economic planning processes.

“The reorganization of NEDA into the Department of Economy, Planning, and Development or DEPDEV would strengthen NEDA’s mandate and give the agency equal footing with other Executive departments, thereby reinforcing such linkages,” NEDA Secretary Arsenio M. Balisacan told the House Joint Committee on Government Reorganization and Economic Affairs on Wednesday.

“Proper planning can only go so far if it is not seamlessly linked with other equally essential steps in the cycle. These steps include budgeting, implementation, monitoring, and evaluation, which feed back into the planning exercise,” Mr. Balisacan told the panel.

The joint committee has yet to consolidate nine House measures seeking to reorganize NEDA.

The proposed law seeks to strengthen and fine-tune the powers and functions of NEDA to implement national development policies, streamline its master plans, and ensure that the country meets its development goals.

The proposed department will be tasked with creating a medium-term national evaluation agenda and evaluate the government’s programs and projects.

It would also be tasked to implement a capacity-building program for national and regional government agencies as well as local government units.

Presidential Decree No. 107 signed in 1973 established NEDA as an independent cabinet-level agency and as the country’s main socioeconomic planning body. The President chairs the NEDA board, with the NEDA Secretary as vice-chairman. — Beatriz Marie D. Cruz

Philippine minimum wage highest in region, commission testifies

March 13, 2024 | 9:21 pm

DAILY PAY rates in the Philippines are the highest in the region, a wage commission official told a congressional hearing, though supporters of a legislated wage hike pushed back by saying wages have stagnated for decades.

Maria Criselda R. Sy, National Wages and Productivity Commission executive director, said at a House hearing on Wednesday that the Philippine minimum wage of $10.85 or P610 per day in the National Capital Region (NCR), though pay tended to be lower in regions hosting export zones.

“The Philippines has the highest daily minimum wage rate in ASEAN (Association of Southeast Asian Nations) when compared to Malaysia ($10.50), Indonesia ($10.41), and Thailand ($9.84),” she said, adding that “export hubs such as Region IV-A ($9.25), III ($8.89), VII ($8.33), and XI ($8.22) are very competitive” compared to low-cost manufacturing hubs like Cambodia and Vietnam.”

As a counterpoint, Representative Raymond Democrito C. Mendoza, a Party-list legislator with the Trade Union Congress Party, also testified that base pay has stagnated over the past 35 years.

“The P89 minimum wage rate across all regions in 1989 only amounts to P609 today,” he said. “This (is only equivalent) to the highest regional rate for non-agricultural workers in NCR.”

Mr. Mendoza added that the average minimum wage of all regions is only P440, which “indicates that the wage rates even regressed when compared to the pay rates received by workers in 1989.”

Business groups have warned that a legislated wage increase will deter foreign investors and hurt Philippine businesses.

“ECoP (the Employers Confederation of the Philippines) opposes across-board and uniform wage increases across regions as these may not only worsen inequality but likewise impact the attractiveness of other regions for labor-intensive industries and enterprises,” ECoP Vice-President Antonio L. Sayo said at the hearing.

He noted that increasing minimum wages reduces the profitability of businesses investing in the country, which could make it “less appealing for foreign investors, potentially decreasing foreign direct investment.”

Micro, small and medium enterprises, which comprise 99% of the country’s business establishments, will also bear the brunt of the proposed wage hikes, which could lead them to stop hiring workers to reduce labor costs.

He also noted that the cost of doing business is different for every region, which was the justification for creating the current regional wage board setup.

“Higher wages entail increased labor costs for businesses, and when businesses have to pay more, they may have to cut elsewhere to maintain profitability,” Mr. Sayo said. — Kenneth Christiane L. Basilio

Open-access power, green energy option to be offered in Mindanao this month

March 13, 2024 | 9:21 pm

QUALIFIED POWER end-users in Mindanao will be allowed to choose their own electricity supplier with the launch of the Retail Competition and Open Access (RCOA) within the month.

In a circular dated March 1, the Department of Energy (DoE) said that it will start commercial operations of RCOA, as well as the Green Energy Option Program (GEOP) on March 26.

“All electricity end-users whose average peak demand falls within the threshold for contestability set by the ERC (Energy Regulatory Commission) shall be allowed, on a voluntary basis, to source their electricity supply from a retail electricity supplier (RES),” according to the circular.

Under the Electric Power Industry Reform Act of 2001, qualified contestable customers, or end-users consuming at least 500 kilowatts (kW) a month, may choose their own power suppliers through the RCOA scheme.

Interested customers whose consumption does not fall within the threshold may still participate as part of an aggregated group in accordance with ERC’s rules.

All electricity end-users in the Mindanao grid with monthly average peak demand of between 100 kW and 300 kW over the next 12 months will be allowed to choose a power supplier.

They should also have historical monthly peak demand of at least 100 kW for three consecutive months.

“The migration of eligible electricity end-users under the RCOA or GEOP shall be governed by applicable procedures under the WESM (Wholesale Electricity Spot Market) Rules, Retail Rules, and Market Manuals, and other relevant issuances by the DoE and ERC,” according to the circular.

Distribution utilities with excess contracted capacity arising from the migration of customers taking advantage of the programs are required to notify the ERC.

The ERC has been tasked with providing regulatory support to ensure the success of the RCOA and GEOP commercial operations in Mindanao. — Sheldeen Joy Talavera

Gov’t 10-year jobs masterplan must include AI courses — NEDA

March 13, 2024 | 9:20 pm

AI-Artificial-intelligent-robot — WANGXINA-FREEPIK

THE government’s jobs masterplan should help workers keep up with emerging technologies like artificial intelligence (AI), the National Economic and Development Authority (NEDA) said on Tuesday.

“The other challenge (that the) Trabaho Para Sa Bayan Act (seeks to address are) mismatches in the labor market, because technology is evolving very fast, and yet the skills of our workers are lagging behind,” NEDA Secretary Arsenio M. Balisacan said at a briefing.

“Because we see these technologies, while they threaten some, when we position ourselves properly, they are opportunities. In fact, I am not so worried at all,” he said.

The Department of Trade and Industry has said that AI could contribute as much as $90 billion to the economy by 2030.

However, only 17% of organizations are ready to employ AI, with the majority of them citing concerns about their inability to handle these technologies.

The Philippines ranked 65^th out of 193 countries — down 11 places — in the 2023 Government AI Readiness Index compiled by Oxford Insights.

Mr. Balisacan cited how the public eventually adopted the internet amid initial misgivings.

“We have to retool. We have to use these as new tools rather than thing that will replace us.”

The NEDA, as well as the Trade and Labor departments, will begin drafting a 10-year jobs masterplan that will focus on the creative and service sectors.

The three agencies signed the implementing rules and regulations (IRR) of the Republic Act No. 19962 or the Trabaho Para sa Bayan Act on Tuesday.

The jobs masterplan includes three-year, six-year and 10-year development timelines.

“We recognize that we have much to do in our efforts if we wish to further equip our workers with emerging and in-demand skills that are adaptive to the fast-paced and ever-changing domestic and global economy,” Mr. Balisacan said during the IRR signing.

The number of jobless rose to 2.15 million or 4.5% of the employment-aged population in January from 3.1% in December. The reading in January 2023 had been 4.8%. — Beatriz Marie D. Cruz

Expanding EO 12 tariff coverage seen helping achieve EV targets

March 13, 2024 | 9:19 pm

THE expansion of the coverage of Executive Order (EO) No. 12, which grants favorable tariffs to encourage electric vehicle (EV) adoption, will help the industry catch up with the targets set in the Comprehensive Roadmap for the Electric Vehicle Industry (CREVI), the Department of Energy (DoE) said.

In an online consultation on Wednesday, Energy Utilization Management Bureau Supervising Science Research Specialist Andre Reyes said that the current EV sales are still far behind the targets.

“The coverage expansion will greatly assist in achieving the targets under the CREVI … Under which it is required that the total fleet by 2040 (account for an EV) share of 10%, which is around 311,700 units, from 2023 to 2028,” Mr. Reyes said.

Under a high clean-energy adoption scenario, the DoE hopes to increase EV share to 50% of the vehicle fleet, equivalent to 2.4 million units.

“This proposed coverage expansion will send a clear price signal for consumers to switch to EVs, which are more efficient and cheaper to run per kilometer, and assist in energy self-sufficiency,” he added.

The DoE rates hybrid EVs or plug-in EVs at 20 kilometers per liter, with internal combustion engine vehicles averaging 14 kilometers.

Mr. Reyes said the favorable conditions for imports may start showing up in vehicle import numbers by 2026-2027.

“Orders by importers have a lag of one year, so most have already set their orders for 2025, and of course this will also be subject to the availability of EVs in the world, while of course other countries with existing fiscal incentives and subsidies for EV purchases would have already made larger volumes in terms of imports compared to ours,” he added.

He said that what the DoE recommends is not a blanket expansion but rather to include product lines that are part of the CREVI targets.

Jasmin Nagera, representative of the Chamber of Automotive Manufacturers of the Philippines, Inc., said that the industry supports the expansion of the coverage of EO 12 to cover hybrid electric vehicles and plug-in hybrid electric vehicles.

“We are looking at a broader perspective. In terms of fuel consumption reduction and emissions mitigation, CAMPI’s position is that all electric vehicle technologies can significantly contribute to the achievement of our carbon neutrality goals,” Ms. Nagera said.

“We also agree with the DoE that if we are looking at the targets, we are way, way behind. So the more that we can do to maximize the potential of all these EV technologies, we really think that the government should take advantage,” she added.

Meanwhile, the Board of Investments (BoI) said that it was not in favor of the expansion of EO 12 to hybrid EVs but supported the expansion of the coverage to two-wheelers under specific terms.

“On hybrids, we maintain that they should not be included, while for motorcycles, we are not opposing the inclusion, but we have some reservations,” according to Elvin Raymond Garcia, supervising investment specialist for the Heavy Industry Division of Manufacturing Industry Services at the BoI.

Mr. Garcia said that the growth numbers of hybrid EVs are positive despite not being included in the coverage, making government intervention no longer needed.

“As for the inclusion of e-motorcyles … the body may wish to consider current issues running e-motorcycles like registration, road use, and public safety,” he said.

“Furthermore, we note that there are already local manufacturers of e-motorcycles, including e-tricycles, that could be severely affected by the inclusion of e-motorcycles in the tariff measure,” he added.

Meanwhile, the Electric Vehicle Association of the Philippines (EVAP) said it supports the BoI position of not including hybrid EVs.

In a position paper, EVAP said that hybrid EVs do not contribute to the development of charging infrastructure, which is one of the main objectives of the Electric Vehicle Industry Development Act.

“In fact, the further reduction in prices of HEVs would be detrimental to the growth of battery EVs and further slowdown charging infrastructure development,” the group said.

It added that the pricing of hybrid EVs is already competitive and does not need tariff exemptions.

In the case of e-motorcycles, EVAP said that the grant of tariff exemption should be limited only to a year with specified commitments.

“A longer tariff exemption period for e-motorcycles could undermine current efforts to jumpstart and develop the local e-motorcycle manufacturing industry,” it added. — Justine Irish D. Tabile

SSS extends coverage to more gov’t job-order, contract workers

March 13, 2024 | 9:18 pm

THE Social Security System (SSS) has added over half a million government workers serving under job order (JO) and contract of service (COS) arrangements to its membership.

The membership expansion program was undertaken to include some government workers not covered by the Government Service Insurance System, Executive Vice-President for Branch Operations Sector Voltaire P. Agas said in a statement on Wednesday.

“We are sad to hear stories that, after decades of public service, they have zero savings and do not receive any pensions when they retire,” SSS President and Chief Executive Officer Rolando L. Macasaet said.

“Through the KaSSSangga Collect Program, temporary public workers will be registered as self-employed members while their respective organizations collect and remit their contributions to the SSS, thereby helping them to become eligible for Social Security and Employees’ Compensation benefits,” he added.

Mr. Agas also said that the new members will improve the financial standing of the SSS and fulfill its mandate to provide social security protection.

Quezon City accounted for 15,000 new covered personnel after Mr. Macasaet and Quezon City Mayor Maria Josefina G. Belmonte signed an agreement on Jan. 29.

The SSS also signed a memorandum of agreement for the KaSSSangga Collect Program with the Department of Public Works and Highways in Quezon City District 2, involving over 200 JO and COS workers, many of them street sweepers.

“As they are exposed to various health hazards while performing their duties, the more these workers deserve social security protection regardless of their employment status in the government.”

The SSS also signed agreements with Mandaluyong, Taguig, and Malabon in 2023.

Mr. Agas added that the SSS expects to include more government agencies who employ JO workers to the KaSSSangga Collect Program.

Mr. Agas said their employers should subsidize the members’ monthly SSS contributions.

“They can shoulder the contribution payments of their chosen recipients for at least six months through the Contribution Subsidy Provider Program,” he said.

The SSS collected over P7.08 billion in contributions between 2015 and 2023 as a result of the program. — Aaron Michael C. Sy

Traces of gas hydrate detected in waters west of Luzon, Mindoro

March 13, 2024 | 9:17 pm

GEOLOGISTS from the University of the Philippines-Diliman said they have discovered evidence of gas hydrates in the Manila Trench, to the west of Luzon and Mindoro, signaling the potential presence of an alternative energy source.

In a statement on Wednesday, the UP College of Science National Institute of Geological Sciences said the potential resource is estimated to be present over 15,400 square kilometers, or about the size of Palawan.

They estimate the substances to be around 200 to 500 meters below the sea floor.

The researchers were identified as Elisha Jane Maglalang, Leo Armada, Madeleine Santos, Karla May Sayen, and Carla Dimalanta.

The institute said gas hydrates are ice mostly infused with methane.

“Because gas hydrates contain huge amounts of carbon and methane, they can be a great alternative energy source,” the institute said.

It warned, however, of geologic and environmental hazards because gas hydrates “are unstable solids” which could “dissociate and melt when the conditions in which they form change,” usually during earthquakes.

The area explored contains the Manila Trench, responsible for numerous earthquakes in western Luzon. The researchers said the gas hydrates could agitate the sea floor when they melt — “possibly triggering submarine landslides and tsunamis.”

“Therefore, it is essential to determine the distribution and stability conditions of gas hydrates offshore of the Philippines,” the institute said. — Sheldeen Joy Talavera