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NWRB to rule on higher NCR water quota by middle of April

THE National Water Resources Board (NWRB) is considering raising the water allocation for Metro Manila by two cubic meters per second (cms), depending on water levels at Angat Dam.

Susan P. Abano, NWRB chief of policy and programs, said that the board is looking into increasing the water allocation for the Metropolitan Waterworks and Sewerage System (MWSS) from 48 cms to 50 cms if the water level of Angat Dam does not go below 195 meters.

“We may revert (the water allocation) to 50 (cms); we will again add two cms as long as water level in Angat does not go below 195 meters (as of) April 10,” Ms. Abano said in a radio interview on Tuesday.

Angat Dam is the main source of water for National Capital Region (NCR), accounting for about 90% of its potable water supply.

As of Tuesday morning, the water level in Angat Dam was 198.44 meters, down from 198.80 meters a day earlier, according to the government weather service, known as PAGASA (Philippine Atmospheric, Geophysical and Astronomical Services Administration).

These levels remain above the dam’s minimum operating level of 180 meters.

The NCR March and early-April allocation had been 50 cms, later reduced to 48 cms between April 16 and 31.

“The MWSS may implement strategies like reducing pressure or closing outlets by 10 p.m. until 4 a.m. to augment water supply until the rainy season,” Ms. Abano said. — Sheldeen Joy Talavera

Import permits suspended for institutional buyers of galunggong, mackerel, bonito

BFAR.DA.GOV.PH

THE Department of Agriculture (DA) said it has stopped issuing import permits to institutional buyers of round scad (galunggong), mackerel, and bonito.

In Memorandum Order No. 14, the DA halted the release of sanitary and phytosanitary import clearances for fish imported for canning, processing, and for other uses by institutional buyers. The order specifically exempts mackerel for canning from the permit freeze.

The memorandum, signed by Agriculture Secretary Francisco P. Tiu Laurel, Jr., cited reports that such imports were being diverted towards public markets.

“The top commodities that are identified as prone to diversion are round scad, bonito, and mackerel,” the DA said.

Fisheries Administrative Order No. 195 (FAO 195) of 1999 authorizes institutional buyers to import frozen, chilled, or fresh fish for canning and processing.

The order was designed to reduce competition for the domestic catch sold in wet markets.

Volumes for imported mackerel are to be based on the VATable sales of the canned product during the prior year, plus an additional 10%.

The DA said fish imported under FAO 195 intended for canning need to follow labeling rules.

In 2022, the DA imposed a similar suspension after finding institutional imports of mackerel and galunggong were being diverted to wet markets. — Adrian H. Halili

Transport, construction yet to recover 2019 levels — WB

REUTERS

THE Philippine transportation, construction and real estate industries have yet to recover pre-pandemic levels of business, according to the World Bank (WB).

“The recovery has been uneven across sectors,” the bank said in its East Asia and Pacific (EAP) Economic Update.

“Output in transportation, accommodation and catering sectors in the Philippines and Thailand, and construction and real estate in Malaysia and the Philippines are still well below pre-pandemic levels,” it said.

Terry L. Ridon, a public investment analyst and convenor of think tank InfraWatch PH, said this year could mark a recovery for these industries if their growth trajectory is sustained. 

“We have to continue expanding the IT-BPO (information technology-business process outsourcing), semiconductor and tourism sectors. We have to broaden opportunities for foreign capital investments, such as private-led flagship infrastructure projects,” he said in a Viber chat.

The bank also noted that the information and communications technology, finance, and services sectors in the EAP are relatively strong, while the service sector is bound to recover due to pent up demand.

Manufacturing in the region surged following the coronavirus pandemic, but has recently slowed down.

However, the bank noted that the Philippines and Thailand were the two countries thought to have exceeded pre-pandemic levels in terms of output per capita by the end of 2023.

Among developing countries in the EAP, private investment as a share of GDP (gross domestic product) remains lower than pre-pandemic levels, the WB added. 

“Public investment generally supported economic activity during the pandemic and exceeded the pre-pandemic levels in terms of GDP share in Indonesia, the Philippines, Thailand, and Vietnam,” it added.

The World Bank projects economic growth for EAP at 4.5% this year and 4.3% for 2025. However, this is weaker than the region’s projected 5.1% GDP in 2023.

Meanwhile, the bank maintained its 2024 growth forecast for the Philippines at 5.8%, the strongest in Southeast Asia alongside Cambodia.

For 2025, the bank raised its GDP projection for the Philippines to 5.9%. — Beatriz Marie D. Cruz

Reduced red tape, countryside projects seen as key to hitting infra spending goal

RICARDO GOMEZ ANGEL-UNSPLASH

By Beatriz Marie D. Cruz, Reporter

THE GOVERNMENT must reduce red tape and focus on projects in the countryside to ensure that infrastructure spending reaches the target level of 6% of gross domestic product (GDP) this year, analysts said.

“(The) government should build on this infrastructure spending momentum and target higher spending towards 6% of GDP for this year,” Terry L. Ridon, a public investment analyst and convenor of think tank InfraWatch PH, said in a Viber message.

Overall infrastructure disbursements last year were equivalent to 5.8% of GDP, the Department of Budget and Management (DBM) said on Monday. This surpassed the 5.3% target for 2023 and matched the 5.8% performance in 2022.

 Leonardo A. Lanzona, who teaches economics at the Ateneo de Manila, said the government should ramp up infrastructure outside the capital region to ensure growth.

“The agricultural sector will not be modernized into an advanced level if infrastructure is only located in urbanized industrial regions,” Mr. Lanzona said via Messenger chat.

The government must also alleviate corruption and redundancies in infrastructure projects, which may bring in “negligible returns in the long run.”

Infrastructure and other capital outlays in 2023 grew 18.7% to P1.2 trillion last year, the DBM said.

“The solid infrastructure spending performance largely resulted from the accelerated implementation of construction activities and payments for completed infrastructure projects of the DPWH, such as civil works, supplies, and equipment, as well as right-of-way claims,” the DBM said.

Direct payments made by development partners for foreign-assisted rail and subway projects, like the South Commuter Railway Project, Malolos-Clark Railway Project, North-South Commuter Railway Project, and Metro Manila Subway Project contributed to high infrastructure spending, the DBM said. 

Rene S. Santiago, former president of the Transportation Science Society of the Philippines, said the government must ensure fiscal consolidation to ensure funds in infrastructure projects are well spent.

“Priorities in transport should be RO-RO (roll-on/roll-off) cargo ships, not railway,” Mr. Santiago said via Viber, citing the high foreign content of rail projects, reducing their overall economic impact on the Philippines.

IPOPHL signals crackdown on illegal streaming devices

REUTERS

THE Intellectual Property Office of the Philippines (IPOPHL) said it is pushing telecommunications regulators to crack down on illegal streaming devices, joining a campaign kicked off by US trademark authorities.

IPOPHL Director General Rowel S. Barba told reporters on Monday that the US Patent and Trademark Office is seeking to contain digital piracy and restrict access to illegal streaming devices, also known as black boxes.

“These have been proliferating in the market which, with a one-time payment of around P20,000, you will be able to access (US content),” Mr. Barba said.

He said that since the country has no law governing the use of such devices.

“That is what we are exploring with the NTC (National Telecommunications Commission). Because as I have told their chairman, the NTC has jurisdiction over black boxes,” he said.

“For our part, we can deal with the content. So, if ever, this will depend on the result of our test purchase and our coordination with the NTC,” he added.

He said black boxes were brought up during meetings with the US at the Asia-Pacific Economic Cooperation in February.

“The US is concerned because, basically, the content that is being used by the illegal devices comes from them,” he added.

The IPOPHL and NTC will be issuing guidelines following a review of their test purchase.

Mr. Barba said that black boxes are currently being advertised on social media.

“We will also check if these are being sold on e-commerce sites because we have this memorandum of understanding with Lazada and the brand owners,” he added.

He said the main target is sellers, who are subject to seizure of their inventory, though even users may be held liable for copyright infringement.

“For copyright infringement, users also have liability, for counterfeiting and trademark violations, they are not liable,” he said. “So, I think, at the most, what we can do (immediately) is to confiscate. We will give updates once there are developments.”

He said IPOPHL will also tap other members of the National Committee on Intellectual Property Rights such as the National Bureau of Investigation (NBI), Philippine National Police (PNP), and Bureau of Customs (BoC).

“For enforcement, we need PNP and NBI as well as BoC because I think these devices are coming from outside the country. I don’t think those are being manufactured here,” he added.

He said that the IPOPHL will bring the issue up to the NCIPR, which meets monthly.

Mr. Barba said that some US groups have also proposed that the Philippines be reincluded in a watch list for counterfeiting. — Justine Irish D. Tabile

Philippines says China’s ‘aggressive’ actions discussed with top US adviser

AN AERIAL VIEW of the BRP Sierra Madre at the contested Second Thomas Shoal on March 9, 2023. — REUTERS

By Kyle Aristophere T. Atienza, Reporter

THE PHILIPPINES on Tuesday said its national security adviser and his US counterpart discussed by telephone “coercive, aggressive and deceptive actions” by Beijing in the South China Sea, as a diplomatic row intensifies between the two Asian neighbors.

National Security Adviser Eduardo Año “expressed his appreciation for the United States’ continued assurances and reaffirmation of its ironclad commitment” to their alliance, the Philippines’ National Security Council (NSC) said in a statement.

In a statement posted on its website, the White House said National Security Adviser Jake Sullivan and Mr. Año discussed preparations for the visit of Philippine President Ferdinand R. Marcos, Jr. to the White House and the historic Japan-Philippines-US trilateral leaders’ summit this month.

“Mr. Sullivan also emphasized US support for the Philippines following the People’s Republic of China Coast Guard and maritime militia’s dangerous actions on March 23 obstructing a lawful Philippine resupply mission to Second Thomas Shoal,” it said.

“Mr. Sullivan underscored the ironclad US alliance commitments to the Philippines under the US-Philippines Mutual Defense Treaty, which extends to armed attacks on Philippine Armed Forces, public vessels or aircraft — to include those of its coast guard — anywhere in the South China Sea,” it added.

The phone call on Monday was on the heels of a series of maritime run-ins and heated verbal exchanges between China and the Philippines that has triggered concern about an escalation at sea.

Meanwhile, the Philippines, US, Australia and Japan are planning anti-submarine drills in the South China Sea on April 7, Kyodo news agency reported on Tuesday.

It would mark the first such full-fledged exercise for the navies of the four countries in those waters and is likely aimed at demonstrating solidarity with the Philippines against China’s growing assertiveness, Kyodo said, citing multiple people familiar with the matter.

President Ferdinand R. Marcos, Jr. said last week there would be “countermeasures” against aggression by China’s coast guard, while Beijing accused the Philippines of treachery and reneging on a promise to tow away an old naval vessel grounded intentionally at Second Thomas Shoal. Manila denies ever making that pledge.

Philippine Defense Secretary Gilberto Teodoro, Jr. told Filipinos to “not fall into the trap set by Chinese propaganda.”

“Let us not fall into the trap set by Chinese propaganda of refocusing the debate on a so-called promise while deflecting attention away from China’s government, thereby freeing and allowing them to continue with their illegal activities in our exclusive economic zone,” he said in a statement.

Mr. Marcos in August said he was not aware of any agreement that the “Philippines should remove from its own territory its own ship, the BRP Sierra Madre, from Ayungin Shoal (Second Thomas Shoal).”

“And let me go further, if there does exist such an agreement, I rescind that agreement.”

The Senate has been urged to investigate the deal and see whether Mr. Duterte had compromised the Philippines’ national interest.

Retired Supreme Court justice Antonio T. Carpio last week said it “was a disguised surrender of our exclusive economic zone rights over Ayungin Shoal, as it gave China veto power over our exclusive right to erect structures on Ayungin Shoal.”

China claims almost the entire South China Sea as its territory, policed by an armada of coast guard vessels, some more than 1,000 km away from its mainland. China has maintained its responses have been appropriate in the face of Philippine encroachment.

The rows come at a time when the Philippines and United States are deepening military ties, frustrating China, which sees Washington as interfering in its backyard.

The Philippines has insisted it never agreed to tow away the BRP Sierra Madre, which has been guarded by a handful of soldiers since it was grounded at Second Thomas Shoal 25 years ago.

The former spokesperson of Rodrigo R. Duterte, the previous president, has confirmed there had been an informal “gentleman’s agreement” with China to keep the status quo at the shoal, but not to tow the ship away.

NSC spokesman Jonathan Malaya said the Marcos government had not seen any document to support China’s claim of a Philippine promise to remove the ship.

China has been trying to block Philippine resupply missions to the shoal, accusing the Marcos government of bringing construction materials to fortify the ship.

A United Nations-backed tribunal in 2016 voided China’s expansive claims for being illegal.

A Chinese coast guard vessel on March 23 fired a water cannon at a Philippine boat trying to bring food and other supplies to a handful of soldiers on the dilapidated vessel.

Manila later lodged a protest and said the boat was heavily damaged and some crew injured. It then summoned China’s envoy in Manila to protest “aggressive actions” in the South China Sea.

Last week, Mr. Marcos said his government would enforce countermeasures against “illegal, coercive, aggressive and dangerous attacks” by China’s coast guard and maritime militia within the Philippines’ exclusive economic zone in the waterway.

Former presidential spokesman Herminio L. Roque has said ex-President Rodrigo R. Duterte had a “gentleman’s agreement” with China not to bring building and repair materials to troops stationed at the ship.

The deal involved keeping the “status quo” at the shoal but did not entail the ship’s removal.

China’s Foreign Ministry earlier said the March 23 Philippine resupply mission had tried to transport construction materials to the grounded ship.

Senator Ana Theresia N. Hontiveros-Baraquel on Monday said Mr. Marcos should ensure that the World War II-era ship stays at the shoal.

She said the supposed gentleman’s deal was not surprising given Mr. Duterte’s foreign policy pivot to China. — with Reuters

Maritime law expert accuses China of foreign interference

REUTERS

By Kenneth Christiane L. Basilio

CHINA’s objection to a proposed Philippine law that seeks to enforce a 2016 ruling by a United Nations-backed tribunal favoring Manila in its sea dispute with Beijing is tantamount to foreign interference, according to maritime security expert.

Beijing should have no say in a domestic law enforcing Philippine maritime rights regardless of its effect on their diplomatic relationship, Jay L. Batongbacal, director of the University of the Philippines Institute for Maritime Affairs and Law of the Sea, told reporters on the sidelines of a forum discussing the bill on Tuesday.

The proposed Maritime Zones Act seeks to enforce an “illegal arbitral award” involving China’s Huangyan Dao, most islands and reefs of Nansha Qundao and their adjacent waters,” the Chinese Embassy in Manila told BusinessWorld in a Viber message.

This “severely violates China’s territorial sovereignty and maritime rights and interests in the South China Sea,” it said. “China firmly opposes it and has lodged solemn demarches to the Philippines.”

“Naturally, China is objecting to it,” Mr. Batongbacal said. “But then, the fact that they’re objecting to this domestic legislation is already getting close to foreign intervention.”

The five-member arbitral court based in the Hague ruled China had violated Philippine sovereign rights in its exclusive economic zone by building artificial islands and failing to prevent its citizens from fishing in the zone. It voided Beijing’s claim to more than 80% of the South China Sea based on a 1940s nine-dash line map.

Tensions between the Philippines and China have worsened in the past year as China’s coast guard continues to block Philippine resupply missions to Second Thomas Shoal.

The shoal is about 200 kilometers from the Philippine island of Palawan and more than 1,000 kilometers from China’s nearest major landmass, Hainan Island.

The Philippine measure should not affect Philippine-China relations since it is based on international law, Mr. Batongbacal said.

“It simply enacts into domestic law our maritime zones under international law,” he said. “In that sense, it implements the United Nations Convention on the Law of the Sea.”

China, which has ignored the 2016 ruling, said last month the measure is illegal.

“The Maritime Zones Act approved by the Senate of the Philippines has attempted to further enforce the illegal arbitral award on the South China Sea by domestic legislation,” Chinese Foreign Ministry spokesperson Mao Ning told a news briefing last month.

But Mr. Batongbacal said it is China that is “going against international law” by objecting to the country’s implementation of the 2016 ruling.

The law clarifying the country’s maritime territory is not a sign the country is looking to escalate tensions in the South China Sea, he said. “It’s just a signal that we’re not taking this sitting down.”

President Ferdinand R. Marcos, Jr. would likely sign the Maritime Zones bill into law before his state of the nation address (SONA) before Congress in July, Presidential Assistant on Maritime Affairs Andres C. Centino separately told reporters on the sidelines of the event.

“Hopefully soon, maybe before the SONA,” he said.

The National Maritime Council, which was activated under Executive Order (EO) No. 57, is set to meet this month to discuss the country’s maritime strategy, which is a framework that would enhance the Philippines’ territorial and sovereign rights over its seas, Mr. Centino said.

Schools told to use hybrid learning amid scorching heat

INTENSE heat prompted the Department of Education to suspend some face-to-face classes on April 2. Teachers in Barangay Pinyahan, Quezon City assigned tasks that students can do at home. — PHILIPPINE STAR/MICHAEL VARCAS

By Kenneth Christiane L. Basilio and John Victor D. Ordoñez, Reporter

A PHILIPPINE senator has urged schools to enforce blended learning to prevent the spread of pertussis or whooping cough and to keep students safe from the scorching heat this summer.

“We want to remind our principals that if there is a risk to the safety of our students, they may implement blended learning in their schools especially because of pertussis and extreme heat,” Senator Sherwin T. Gatchalian, who heads the education committee, said in a statement.

He also called for health and safety measures in schools such as teaching students proper hygiene to prevent a pertussis outbreak.

Pertussis or whooping cough is a highly contagious bacterial respiratory infection that causes influenza-like symptoms such as mild fever and cough lasting seven to 10 weeks, according to the World Health Organization.

Last month, Quezon City, Cavite province and lloilo City in Western Visayas declared a pertussis outbreak.

“The cases seem to be plateauing, but we’re closely monitoring this,” Health Secretary Teodoro J. Herbosa told reporters at the Senate. “We have a regional epidemiology surveillance unit that is monitoring these cases. Luckily, we have a vaccine for this so it’s very important.”

More than 400 cases of pertussis have been recorded in the first 10 weeks of the year mainly due to disruptions to routine immunization at the primary-care level during the coronavirus pandemic, he said last month.

The Department of Health on March 27 said it had ordered at least 8 million pertussis vaccine doses.

“Nothing is barring local government units and school heads from switching back to blended or distance learning due to the scorching weather we’ve been experiencing now,” Senator Jose “Jinggoy” P. Estrada said in a separate statement, citing a 2022 order issued by the Department of Education (DepEd) that allows a blended learning setup in times of emergencies.

“The DepEd order can be used as a basis by local government units and school officials to prevent pertussis outbreaks in schools.” 

In a forecast on Monday, the state weather bureau said Pasay City and 10 other cities were expected to experience heat of at least 42°C on Tuesday.
The country’s El Niño task force on Monday urged local government units to suspend classes in cases of extreme heat, saying students will not be able to concentrate if it is too hot.

At least six local governments in Western Visayas suspended classes on Monday due to intense heat, Mr. Gatchalian said.

“We should continue the education of our children but also prioritize their well-being and safety,” he said in mixed English and Filipino.

The government should build more classrooms and ventilation systems in schools to ease the heat felt by students and teachers during summer, Party-list Rep. France L. Castro said in a statement.

“The current heat index experienced by our students and teachers should serve as a wake-up call to prioritize the construction of additional classrooms and the improvement of ventilation systems in our schools,” she said.

Presidential Communications Office Assistant Secretary Joey Villarama said local governments have the power to suspend face-to-face classes.

DepEd has said some schools have implemented alternative modes of learning.

The state weather bureau said temperatures could go from 42°C to 51° C in some areas of the country this week.

“We cannot delay the provision of adequate infrastructure any longer,” Ms. Castro said. “Investing in the construction of more classrooms and improving ventilation systems is an investment in the future of our nation.”

Senator to water companies: Address supply interruptions during summer

PHILIPPINE STAR/EDD GUMBAN

By John Victor D. Ordoñez, Reporter

A SENATOR has called on local water companies to work with the Metropolitan Waterworks and Sewerage System (MWSS) to come up with contingency measures to ensure continuous water supply this summer season amid the higher risk of heat-related diseases.

In a statement on Tuesday, Senator Mary Grace N. Poe-Llamanzares said clean and available water is crucial in mitigating various health risks due to the expected intense heat at the onset of summer.

“The heat is on, water is on high demand, and without it, our health is at risk,” she said. “Water providers must ensure an uninterrupted, 24/7 supply.”

In a news conference on Monday, Cebu City Mayor Michael L. Rama declared a water crisis in his city due to water shortages caused by the effects of the El Niño weather phenomenon.

The Department of Agriculture has said that damage to agriculture has been valued at P1.75 billion due to intensifying El Niño conditions, displacing at least 29,427 farmers across 32, 231 hectares of affected land.

Ms. Poe-Llamanzares noted that households would have to resort to buying rationed water or from taps in communities if supply is interrupted during the summer.

She also said unsafe water sources could lead to gastrointestinal illnesses.

The senator earlier filed Senate Bill. No. 102 which seeks to create a Department of Water Resources, one of the government’s priority measures, to put in place policies that would address water supply issues.

Late last month, the MWSS directed Metro Manila’s water concessionaires to implement measures that would ensure supply and continuity of service during the summer months.

Patrick James B. Dizon, manager of MWSS’ water and sewerage management department, said both Maynilad Water Services, Inc. and Manila Water Co., Inc. have been issued the directive.

In response, the concessionaires have already begun implementing reduced water pressure measures.

Earlier, the National Water Resources Board (NWRB) declared a reduction in the raw water allocation of Metro Manila to 48 cubic meters per second (cms) from April 16-31.

The MWSS relies on the approved raw water allocation by the NWRB, highlighting that an allocation below 50 cms could potentially affect service areas, particularly those at higher elevations.

But on Tuesday, the NWRB said it was considering raising the water allocation for late April by two cms if the water level at Angat Dam does not drop.

The two have already initiated augmentation measures, including the installation of static water tanks with Maynilad deploying 130 static water tanks across its service areas, and Manila Water installing nine as of March 26.

CHR condemns crimes vs girls

THE COMMISSION on Human Rights (CHR) has condemned the recent spate of abuses and killing of young girls in the country.

“These cruel and reprehensible acts not only violate the fundamental rights of these individuals but also impose a grave disregard for the sanctity of human life,” the CHR said in a statement released Monday.

It gravely condemned the case of a Grade 2 pupil who was found dead in General Santos City last month and could have been a victim of rape.

It also cited the woman arrested for allegedly using her kids, aged 8, 11, and 13, for nudity and online sex exploitation as “despicable incidents.”

“We emphasize that the protection and promotion of the rights of girls and children are essential components of fostering a just and equitable community,” the CHR said.

It noted that the United Nations Convention on the Rights of the Child (UNCRC), signed and ratified by the Philippines in 1990, is a legally binding international agreement that outlines various rights of children.

Article 19 of the convention holds countries to take appropriate measures to protect children from all forms of violence and abuse.

Last month, lawmakers filed in both chambers of Congress the proposed Magna Carta for Children through Senate Bill 2612 and House Bill 10159, which subscribe to obligations under the UNCRC.

“We continue to call on authorities to take swift and decisive action to ensure that perpetrators are brought to justice and that comprehensive measures are put in place to prevent such atrocities from happening again and to protect the well-being and rights of all children,” the CHR said. — Chloe Mari A. Hufana

DoH aims for 6,000 health facilities

PHILSTAR FILE PHOTO

THE DEPARTMENT of Health (DoH) aims to build at least 6,000 functioning primary healthcare facilities nationwide by 2028 to boost the delivery of healthcare services, a health official told senators on Tuesday.

At a Senate hearing, DoH Director of Health Facility Development Melissa T. Sena said that as of end-2023, the country has 2,624 primary health care facilities and 131 specialty centers, adding: “By 2028, the target for primary healthcare facilities is a little over 6,000 to address the needs of the population.”

Last year, the DoH greenlit the establishment of 333 of these facilities — 31 of which were then under construction.

Senator Christopher Lawrence “Bong” T. Go led the hearing aimed at crafting bills that would mandate the building of more health facilities and upgrade local hospitals.

Earlier, Senate President Juan Miguel “Migz” F. Zubiri called for a probe on the lack of medical facilities and healthcare experts in top tourist destinations in the Philippines.

“It is crucial to know the priorities of the DoH and the DBM (Department of Budget and Management) in funding the construction, repair and rehabilitation of various health facilities,” Mr. Go said at the hearing.

The United States Agency for International Development has said the Philippines must invest more in development and modernizing local healthcare facilities to encourage nurses and other healthcare professionals to stay in the country instead of seeking work abroad.

“The process of making it attractive (for health workers) to stay here is about building strong centers where people can feel rewarded, serve their communities and feel that they have the supplies,” USAID Assistant Administrator for Global Health Atul Gawande said during his visit to Manila in January. — John Victor D. Ordoñez

CoA told to resolve hotel claims

THE SUPREME COURT (SC) has ordered the Commission on Audit (CoA) to resolve a hotel owner’s money claims against the Philippine Amusement and Gaming Corporation (PAGCOR) in a consolidated resolution that also reinstated a regional trial court’s ruling determining the cost owed by PAGCOR amounting to over P102 million.

Affirming a 2006 ruling by a Regional Trial Court (RTC), the Supreme Court en banc ordered CoA to settle the money claims made by Silahis International Hotel, Inc. (SIHI), operator of the Grand Boulevard Hotel.

The 2006 RTC Decision sided with the hotel, ordering PAGCOR to pay its restoration dues as it entered into a Contract of Lease on the second and third floors of the hotel for its casino from 2000 to 2004.

After a series of court battles, the SC reinstated the lower court’s decision that entitled SIHI to claim restoration costs from PAGCOR and reversed a 2015 Court of Appeals (CA) decision that voided the RTC ruling on the grounds that a third party — Pacific Wide Holdings Corp. — had an intervening claim as the new owner of the hotel. 

In the 19-page decision penned by Justice Ma. Filomena D. Singh, the SC reversed the 2015 CA decision and determined that Pacific Wide was not an “indispensable party” to the case since the rulings were based on the Contract of Lease between PAGCOR and SIHI, which had expired years before Pacific Wide came into the picture.

As for CoA, the SC determined that “SIHI’s money claim against PAGCOR is now a liquidated claim over which the CoA has jurisdiction.”

While the SC remanded that money claim to CoA, it ruled that CoA’s action of rejecting the money claim determined by the RTC was not a “grave abuse of discretion.”

“The CoA properly denied SIHI’s money claim. SIHI’s claim was anchored on the 2006 RTC Decision, as modified by the 2012 CA Decision, which could not be executed precisely because the 2015 CA Decision nullified it,” it read.

In the end, the SC ruled that “SIHI’s contractual right to receive payment from PAGCOR does not affect Pacific Wide’s later ownership of the leased property.” — Chloe Mari A. Hufana

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