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Texas can ban emergency abortions despite federal guidance, court rules

FREEPIK

The US government cannot enforce federal guidance in Texas requiring emergency room doctors to perform abortions if necessary to stabilize emergency room patients, a federal appeals court ruled on Tuesday, siding with the state in a lawsuit accusing President Joe Biden’s administration of overstepping its authority.

The ruling by a unanimous panel of the 5th US Circuit Court of Appeals comes amid a wave of lawsuits focusing on when abortions can be provided in states whose abortion bans have exceptions for medical emergencies.

The US Department of Justice declined to comment. The office of Texas Attorney General Ken Paxton and two anti-abortion medical associations that challenged the guidance – the American Association of Pro-Life Obstetricians & Gynecologists and the Christian Medical & Dental Associations – did not immediately respond to requests for comment.

The Biden administration in July 2022 issued guidance stating that the Emergency Medical Treatment and Active Labor Act (EMTALA), a federal law governing emergency rooms, can require abortion when necessary to stabilize a patient with a medical emergency, even in states where it is banned. The guidance came soon after the U.S. Supreme Court overturned its landmark Roe v. Wade ruling, which since 1973 had guaranteed a right to abortion nationwide.

Texas and the associations immediately sued the administration, saying the guidance interfered with the state’s right to restrict abortion. A lower court judge in August 2022 agreed, finding that EMTALA was silent as to what a doctor should do when there is a conflict between the health of the mother and the unborn child and that the Texas abortion ban “fills that void” by including narrow exceptions to save the mother’s life or prevent serious bodily injury in some cases.

Circuit Judge Kurt Engelhardt, writing for the 5th Circuit panel, agreed, writing that EMTALA also includes a requirement to deliver an unborn child and it was up to doctors to balance the medical needs of the mother and fetus, while complying with any state abortion laws.

The law “does not provide an unqualified right for the pregnant mother to abort her child,” he wrote.

The ruling upheld a lower court order that blocked enforcement of the guidance in Texas and also blocked the administration from enforcing it against members of two anti-abortion medical associations anywhere in the country.

The federal court’s decision comes a month after Texas’s highest state court ruled against a woman seeking an emergency abortion of her non-viable pregnancy. That court is currently considering a separate lawsuit by 22 women about the scope of the emergency medical exception to Texas’s abortion ban.

A federal judge last year reached the opposite conclusion in a similar lawsuit in Idaho, blocking that state’s abortion ban after finding it conflicted with EMTALA. The 9th US Circuit Court of Appeals is expected to hear the state’s appeal of that ruling later this month. – Reuters

Upgrading your assets: Your guide to investing in premium condominiums in the Philippines

Le Pont Residences, a premium condominium in the Philippines by RLC Residences (Artist’s Perspective)

Investing in premium condominiums is not just about acquiring property; it’s a strategic move into a world of exceptional living. As the Philippine real estate market continues to evolve, discerning investors are turning their attention to the country’s upscale condo developments. In this article, we will walk you through the key considerations and strategic insights to help you make informed decisions as you embark on the journey of investing in premium condominiums.

  1. Location

Time has proven how the address of a property greatly impact the value of a development, especially condominiums. Proximity to urban hubs, major roads, and essential establishments are the major reasons that identify if a specific property is worth investing or not. Prime location like destination estates is a good example, one of which is Bridgetowne – an estate that houses major offices and establishments, including condominium properties like Le Pont Residences.

Bridgetowne Destination Estate (Artist’s Perspective)

Developed by RLC Residences, Le Pont Residences’ address provide the much need convenience to future investors, thanks to its strategic location within Bridgetowne. Future owners of this property are in for a guaranteed capital appreciation given its proximity to PEZA-accredited offices, soon-to-open Opus Mall, notable The Victor structure, and The Bridge designed by Philippine National Artist for Architecture Francisco Mañosa found within the estate. As the only township that connects Quezon City and Pasig and has direct access to both C5 Road and Amang Rodriguez Avenue, Le Pont Residences’ value has already increased by 5%, less than a year after its launch in January.

  1. Hyper-sized Amenities

Investing in premium condominiums is not just about securing a property; it’s about upgrading your lifestyle. High-end condo investors are always looking for the amenities available in the property – as these increase desirability of the property resulting in higher value appreciation in the coming years.

Le Pont Residences, for example, features hyper-sized, above-standard amenities that elevates the living experience of its future residents. Its indoor and outdoor facilities are spread out in multiple levels of the property, including the Infinity Pool located at the Clubhouse – a perfect spot that offers a beautiful view of the estate.

Pool at Le Pont Residences (Artist’s Perspective)

Aside from this, the property will have its own fitness facilities such as a gym equipped with state-of-the-art equipment and a Yoga Room. Recreational and socialization areas such as Private Theater, Private Function Room, and Sky Lounge will also be exclusively available to its residents.

  1. Generously-Spaced, Future-Ready Unit Offerings

Homes with roomy area and equipped with advanced technology redefines premium experiences in the condominium space. More than a spacious unit, these living spaces should come with unique features that enhance the quality of life, provide comfortability, and strengthen safety and convenience.

Le Pont Residences is proud to offer units with expansive living spaces – ranging from 1-bedroom flat at 46sqm. (495 sq. ft.) to bi-level penthouse with iconic curved staircase at 380sqm (4090 sq. ft.). All these units come with loggia – an extended living space that allows homeowners to have a relaxing space right inside the unit. In addition, smart home features will come built in all the units for added safety and comfort.

Artist’s Perspective of Le Pont Residences’ three-bedroom unit with loggia

As this property is developed by RLC Residences, future investors can easily manage their own unit in this development via the industry’s first myRLC Home App. Downloadable via Google Playstore and Apple AppStore, myRLC Home allows easy condo investment management anytime, anywhere through in-app billing statements monitoring, online payment feature, and many more.

Interested to upgrade your assets via a premium condo development like Le Pont Residences? Visit rlcresidences.com to learn more or connect with your trusted Broker or Property Specialist to inquire.

 


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IMF’s Georgieva says Americans should ‘cheer up’ about falling inflation -CNN

IMF Managing Director Kristalina Georgieva speaks during a conference hosted by the Vatican on economic solidarity, at the Vatican, February 5, 2020. — REUTERS

 – International Monetary Fund Managing Director Kristalina Georgieva said Americans should “cheer up” about the US economy, as inflation subsides further in 2024 amid a strong job market and moderating interest rates.

Ms. Georgieva told CNN in an interview that aired on Tuesday that the US economy is “definitely” headed for a “soft landing” with fairly strong growth prospects.

“People should be feeling good about the economy because they finally would see relief in terms of prices,” Georgieva said, praising the Federal Reserve’s “decisiveness” in raising interest rates to fight inflation.

“While that has been painful, especially for small businesses, it has brought the desired impact without pushing the economy into recession,” Georgieva added.

Asked why many polls show Americans pessimistic about the economy, the IMF chief said that consumers had become accustomed to low inflation and very low interest rates for many years, and when both jumped in recent years, it was a shock.

“My message to everyone is, you have a job and interest rates are going to moderate this year because inflation is going down. Cheer up. It is a new year, people,” Ms. Georgieva said.

Ms. Georgieva repeated her warnings against fragmentation of the global economy along geopolitical lines due to increasing national security restrictions, with countries gravitating towards separate blocs led by the United States and China.

Allowed to continue, she said this could ultimately reduce Global GDP by 7% – roughly equal to the annual out put of France and Germany,” and urged Washington and Beijing to compete on a rational basis, while cooperate on globally important issues.

“So we are all better off to find ways to reduce frictions, to concentrate on security concerns that are real and meaningful, and not go willy-nilly in fragmenting the world economy. We would end up with a smaller pie,” Ms. Georgieva said. – Reuters

US charges ex-fintech CEO who tried to buy Sheffield United with fraud

 – US prosecutors in Manhattan unveiled criminal charges against a Nigerian fintech businessman who recently bid unsuccessfully for an English Premier League soccer club, saying he lied to investors about the finances of his companies.

Odogwu Banye Mmobuosi, the former co-chief executive officer of Tingo Group, was charged with securities fraud, making false US Securities and Exchange Commission filings, and conspiracy in an indictment made public on Tuesday.

Prosecutors said the defendant, known as Dozy, falsely represented that his Tingo Mobile and Tingo Foods were profitable businesses generating hundreds of millions of dollars of revenue.

Mmobuosi sold the businesses to Tingo Group and Agri-Fintech Holdings, caused them to falsely portray his businesses as “cash-rich, revenue-generating companies,” and looted millions of dollars by misappropriating cash and selling stock at inflated prices, the indictment said.

A lawyer for Mr. Mmobuosi could not immediately be identified. Tingo Group, based in Montvale, New Jersey, did not immediately respond to a request for comment. The alleged scheme occurred from 2019 to 2023, prosecutors said.

Mr. Mmobuosi temporarily stepped down as Tingo Group’s co-CEO last month, after the SEC filed civil charges accusing him of orchestrating a “staggering” fraud.

The SEC said Mr. Mmobuosi siphoned at least $16 million from Tingo Group and used it to buy luxury cars and travel on private jets, and try to buy the Sheffield United soccer team.

According to the SEC complaint, Tingo Mobile purportedly supplies mobile handsets and related services to farmers in Nigeria, while Tingo Foods is a purported food processor.

Tingo Group is a defendant in the SEC case, and has said it intended to vigorously defend itself.

The indictment was made public nearly seven months after the short-seller Hindenburg Research accused Tingo Group of having “fabricated” its financials, and challenged Mr. Mmobuosi’s claim to have developed Nigeria’s first mobile payment app.

The case is US v. Mmobuosi, US District Court, Southern District of New York, No. 23-cr-00601. Reuters

US FDA approvals bounce back in 2023, sparking hopes of a biotech recovery

TOWFIQU BARBHUIYA-UNSPLASH

The US Food and Drug Administration approved nearly 50% more novel drugs in 2023 than in 2022, putting it back on pace with historical levels, an improvement analysts and investors said could lead to increased investment in biotech firms.

FDA nods for innovative therapies containing an active ingredient or molecule not previously approved, rose to 55 in 2023, up from 37 in 2022 and 51 in 2021. Historical data shows the FDA typically green lights about 45-50 new drugs a year and hit a peak of 59 in 2018.

The agency approved several high-profile therapies such as Eli Lilly’s obesity drug Zepbound and Eisai 4523.T and Biogen’s Alzheimer’s treatment Leqembi. It also approved five gene therapies in addition to the 55 novel drugs, including a sickle cell disease treatment from Vertex Pharmaceuticals and CRISPR Therapeutics using the latter’s innovative gene editing technology.

“It is good to see the FDA approvals go up,” said John Stanford, executive director of Incubate, a Washington-based group of life sciences investors. He called the advance of gene editing technology particularly encouraging.

“Our scientists can do a lot more, and from that perspective we are excited about what’s coming down the pipeline, not just in 2024, but beyond that,” he said.

The FDA in a statement said, “the number of novel drugs approved varies from year to year, and may be due to a variety of factors.” Those include the complexity of new drugs in development as well as advances in scientific understanding of diseases and disease targets, it said.

The agency did not provide a specific reason for the big drop in approvals in 2022.

TD Cowen analyst Ritu Baral said the COVID-19 pandemic was likely a factor. When the pandemic hit, the agency moved from approving drugs at record pace to operating with a remote workforce, which caused disruption and issues such as delayed inspections that affected drug reviews.

“We’re back at those peak levels, which hopefully means that the workflow disruptions, staffing and bandwidth issues and, most importantly, communications with developers, have hopefully been improving, Baral said, adding that she expects a similar level of FDA approvals in 2024.

 

INVESTMENT DECLINES

Investment in biotech companies over the past two years has been a fraction of historical levels.

After 108 initial public offerings (IPOs) in 2021, there were only 18 each in 2022 and in 2023 as of mid-December. A basket of biotech-focused funds tracked by Piper Sandler saw $15.8 billion in capital outflow in 2023, the largest ever going back to 1992, according to the brokerage.

“2023 has been a year where the market was selective in the companies able to access capital,” William Blair analysts said in a December note.

They noted that companies developing GLP-1 weight-loss treatments, the same class as Novo Nordisk’s NOVOb.DE wildly popular Wegovy and Lilly’s Zepbound, have had better access to the IPO market.

Industry analysts also said lingering investor concern about high interest rates and government scrutiny of drugmakers could hamper a full funding recovery.

“While we don’t expect capital markets to return to peak 2020-21, we do think that conditions will improve and that the window will open up,” Jefferies analyst Michael Yee said.

Incubate’s Stanford said some investors may remain on the sidelines due to increased oversight of deals in the sector, the government’s drug price negotiation plans and the threat that the Biden administration is looking to seize patents of medicines developed with government funding if the prices are deemed to be too high. – Reuters

Airlines urge US to do more to address flight delays

YOUSEF ALFUHIGI-UNSPLASH

 – A group representing major passenger airlines on Friday urged US transportation officials to do more to address the impact of private planes and air traffic controller staffing shortages on holiday flight delays and cancellations.

Airlines for America, a group representing American Airlines, Delta Air Lines, United Airlines, Southwest Airlines and others, urged Transportation Secretary Pete Buttigieg and Federal Aviation Administration (FAA) chief Michael Whitaker to “take all possible actions to find the appropriate balance between commercial and private aviation traffic with the goal of minimizing delays and cancellations for the traveling public.”

The group in a letter also urged “all possible steps be taken to avert additional staffing triggers, particularly in high volume centers” for air traffic control.

The FAA said airlines, general aviation and others “have a seat at the Command Center, where the FAA monitors the airspace 24/7 and gives updates every two hours.”

The FAA said “as air travel continues to rebound, the agency is taking immediate action to recruit, train and hire more air traffic controllers” but has acknowledged it is still about 3,000 controllers below optimal levels.

Preliminary data from December 20—27 show 77% of delays have been due to volume, 19.1% to weather, and 0.9% due to FAA staffing, the agency said.

The National Business Aviation Association said independent studies previously have shown flights by mostly small, non-airline general aviation planes “are not a significant causal factor in aviation-system delays” and added “delays are most often caused by weather and the practices of the airlines themselves.”

Buttigieg said this month the U.S. is on pace to have the lowest number of flight cancellations in five years. He and Whitaker have prioritized boosting air traffic control staffing.

The FAA in September extended cuts to minimum flight requirements at congested New York City-area airports through October 2024, citing staffing shortages. New York Terminal Radar Approach Control staffing is just at 54% of recommended levels.

In June, a government watchdog report said critical air traffic facilities face significant staffing challenges, posing risks to air traffic operations. At many facilities, controllers are working mandatory overtime and six-day work weeks to cover the shortage.

Whitaker last week said he was naming a panel led by a former safety board official to address air traffic controller fatigue after a series of near-miss incidents. – Reuters

Five dead after JAL airliner crashes into quake aid plane at Tokyo airport

 – All 379 people aboard a Japan Airlines (JAL) plane escaped the burning airliner after a collision with a Coast Guard aircraft at Tokyo’s Haneda airport that killed five of six crew on the smaller craft on Tuesday.

Live footage on public broadcaster NHK showed the JAL Airbus A350 airliner burst into flames as it skidded down the tarmac shortly before 6 p.m. (0900 GMT).

Video and images shared on social media showed passengers shouting inside the plane’s smoke-filled cabin and running across the tarmac after escaping via an evacuation slide.

At one point a child’s voice can be heard shouting: “Let us get out quickly! Let us get out quickly!”

All 367 passengers and 12 crew were evacuated from the blazing airlinerbut the fire was not extinguished until shortly after midnight, after burning for more than six hours, broadcaster TBS reported citing the fire department.

“I was wondering what happened and then I felt the airplane tilted to the side at the runway and felt a big bump,” said Satoshi Yamake, 59, a telecommunications company worker who was on board. “The flight attendants told us to stay calm and instructed us to get off the plane.”

At least 17 people on the passenger plane were injured, according to Japan’s Fire and Disaster Management Agencyof whom four were taken to hospital. None of the injuries appeared to be life-threatening.

Transport Minister Tetsuo Saito confirmed that five of the Coast Guard aircraft’s crew had died, while the 39-year-old captain of the plane escaped but was injured.

A ministry official told a press briefing the JAL plane was attempting to land normally when it collided with the Coast Guard’s Bombardier-built Dash-8 maritime patrol plane on the runway.

There had been no reports of engine or other problems on the airliner before the landing, the official said.

The Coast Guard said its plane was headed to Niigata on Japan’s west coast to deliver aid to those caught up in a powerful earthquake that struck on New Year’s Day, killing at least 55 people.

A JAL official told a press briefing it was the airline’s understanding that the flight had received permission to land, although he added that exchanges with flight control were still under investigation.

 

IT WAS A MIRACLE’

Passengers and aviation experts praised the speed of the evacuation.

“I heard an explosion about 10 minutes after everyone and I got off the plane,” said 28-year-old passenger Tsubasa Sawada. “I can only say it was a miracle, we could have died if we were late.”

Paul Hayes, director of air safety at UK-based aviation consultancy Ascend by Cirium, noted that no-one leaving the plane appeared to be carrying hand luggage – safety agencies have warned for years that pausing to collect carry-on bags during an evacuation risks lives.

“The cabin crew must have done an excellent job… It was a miracle that all the passengers got off,” he said.

Kaoru Ishii, who was waiting outside the arrival gate for her 29-year-old daughter and boyfriend, said she initially thought the flight was delayed until her daughter called to explain.

“She said the plane had caught fire and she exited via a slide,” Ishii said. “I was really relieved that she was alright.”

A JAL spokesperson said its aircraft had departed from New Chitose airport on Japan’s northern island of Hokkaido.

 

CAUSE UNDER INVESTIGATION

Haneda, one of the two main airports serving the Japanese capital Tokyo, was closed for several hours following the accident, but the transport ministry official said three runways had since resumed operations.

JAL’s Japanese rival ANA had earlier said it had cancelled 110 domestic flights departing and landing at Haneda for the rest of Tuesday.

Transport Minister Saito said the cause of the accident was unclear and the Japan Transport Safety Board, police and other departments would continue to investigate.

Prime Minister Fumio Kishida said authorities were working to ensure the accident did not affect deliveries of earthquake relief supplies, and expressed sorrow over the deaths of the Coast Guard crew.

“This is a great regret as the crew members performed their duties with a strong sense of mission and responsibility for the victims of the disaster area,” he said. – Reuters

Factory activity growth slows in Dec.

Workers are seen at a manufacturing facility in Santa Rosa, Laguna. — PHILIPPINE STAR KRIZ JOHN ROSALES

By Keisha B. Ta-asan, Reporter

FACTORY ACTIVITY in the Philippines expanded at a slower pace in December, reflecting modest growth in new orders and output across the sector, S&P Global said on Tuesday.

The S&P Global Philippines Manufacturing Purchasing Managers’ Index (PMI) stood at 51.5 in December, lower than the nine-month high of 52.7 in November.

S&P Global said the headline index showed only a modest improvement in operating conditions. At 51.5, the December figure was the weakest in three months or since the 50.6 reading in September.

Manufacturing Purchasing Managers’ Index (PMI) of select ASEAN economies, December 2023A PMI reading above 50 denotes better operating conditions than in the preceding month, while a reading below 50 shows a deterioration.

“The year concluded with yet another expansion across the Filipino manufacturing sector. Output and new orders continued to rise, albeit at softer rates,” Maryam Baluch, an economist at S&P Global Market Intelligence, said in a report released on Tuesday.

The headline PMI measures manufacturing conditions through the weighted average of five indices: new orders (30%), output (25%), employment (20%), suppliers’ delivery times (15%) and stocks of purchases (10%).

S&P Global said the easing manufacturing growth in December was mainly due to a “notable softening” in new orders, which grew at the slowest pace in four months.   

“Moreover, total sales growth was focused domestically as the demand picture across international export markets deteriorated, with manufacturers reporting a fresh and solid fall in new export sales in December,” it said.

Manufacturing output also grew at the weakest pace in three months, S&P Global said. Despite this, output growth remained robust amid a steady rise in new orders.

“Firms also noted growing supply-side challenges with average lead times lengthening again in December. Congestion and longer delivery times for imports were blamed for delays. Moreover, vendor performance deteriorated at the greatest extent in five months,” it said.

S&P Global noted that manufacturing firms slashed jobs in December, as employment dropped for the second straight month.

“The main concern in the sector remains the further curtailment of workforce numbers. Evidence of spare capacity and a cooldown in new order growth prompted redundancies,” Ms. Baluch said.

S&P Global said Philippine manufacturers also reported increased inflationary pressures as prices of fuel, materials, and shipping rose. This prompted firms to hike selling prices.

Headline inflation may have eased to 4% in December, based on a median estimate in a BusinessWorld poll last week. If realized, December inflation would be a tad slower than 4.1% in November and significantly lower than 8.1% in December 2022.

The local statistics agency will release the December inflation data on Jan. 5.

“Sluggish demand from overseas markets and tight borrowing conditions across the country will act as headwinds as we move into 2024. That said, inflationary pressures are expected to pose less of a threat than seen at the start of 2023, despite gaining pace during December,” Ms. Baluch added. 

Still, Filipino manufacturers remained optimistic for the new year as business confidence rose to a four-month high, according to S&P Global.

“Hopes of improving demand conditions and plans for increased marketing campaigns boosted optimism,” it said.

Rizal Commercial Banking Corp. Chief Economist Michael L. Ricafort said factory activity expanded in December, due to the seasonal increase in importation, manufacturing, and other production activities since the third quarter of 2023.

However, elevated inflation and borrowing costs may have weighed on investments, including those in the manufacturing sector, Mr. Ricafort said.

“Furthermore, softer manufacturing and services PMI data for many developed countries around the world… partly reduced the demand for exports and somewhat dragged on some local manufacturing activities,” he said.

SECOND FASTEST IN ASIA
The Philippines recorded the second-highest PMI reading among six Southeast Asian countries in December, just behind Indonesia (52.2).

Manufacturing activity in Vietnam (48.9), Malaysia (47.9), Thailand (45.1) and Myanmar (42.9) contracted in December.

On average, the Association of Southeast Asian Nations (ASEAN) headline PMI dropped to 49.7 in December, easing from 50 in November.

S&P Global said the ASEAN headline PMI contracted for the third time in four months.

“Central to the deterioration in operating conditions was a quicker fall in new orders. Inflows of new work fell for the fourth month running in December, which in turn weighed on production growth,” it said.

Security Bank Corp. Chief Economist Robert Dan J. Roces said the slower growth in December may be attributed to difficulties in supply chain management, possible shifts in consumer demand, fluctuations in prices of raw materials, and changes in overall economic conditions.

“(The Philippines) still outperformed ASEAN’s 49.7 though. We calculated that the Philippines’ average monthly PMI was at 52.2 in the fourth quarter, the highest in three quarters,” he said.

He also noted that a recovery in the manufacturing sector may contribute to the Philippines’ faster gross domestic product (GDP) growth, adding that GDP expansion could average 5.8% in the fourth quarter of 2023.

China Banking Corp. Chief Economist Domini S. Velasquez said global economic headwinds continued to weigh on the manufacturing sector.

“Data from China and the rest of Asia pointed to softer activities towards the end of the year. Bellwether manufacturing countries, especially with regard to semiconductors, such as Taiwan and South Korea posted contractions in December,” she said.

For this year, the Philippine manufacturing sector is expected to grow modestly amid easing inflation.

“The easing of inflationary pressures is expected to support domestic demand, while a recovery in the semiconductor industry is likely to boost external demand in 2024. These factors should contribute to a gradual improvement in the manufacturing sector’s performance,” Ms. Velasquez added.

Becoming a manufacturing powerhouse remains a pipe dream for Philippines

A WORKER adjusts a machine at a manufacturing facility in Manila, Dec. 10, 2008. — REUTERS

By Kyle Aristophere T. Atienza, Reporter

LILY G. TERRENIO was 19 years old when she became a factory worker at Amertron, Inc. inside the Clark Freeport Zone north of the Philippine capital in 1988.

The high school graduate worked for the Taiwan-owned semiconductor company until 2000, before leaving for Dubai to work as a chambermaid.

“I would have wanted to join a different manufacturer after I left the company to broaden my experience, but options were limited,” she said in an interview.

Ms. Terrenio came back to the Philippines after two decades, when the manufacturing sector contracted by 9.8% from a year earlier amid a coronavirus pandemic.

The government must rescue the manufacturing sector from issues that have stalled growth including the lack of skilled workers, governance problems and an impending energy crisis that could paralyze the economy, analysts said.

“Philippine manufacturing has been on a retreat since the 1980s,” national scientist Raul V. Fabella, a professor emeritus at the University of the Philippines School of Economics said in an e-mail. “The share of manufacturing in Philippine gross domestic product has been losing out to services.”

He called the phenomenon “development progeria,” which happens in low-income economies when the share of industry sectors including manufacturing falls while services flourish. “The dynamics will continue into the near future because its roots are structural.”

Manufacturing activity in the Philippines continued to expand in December, albeit at a slower pace, S&P Global said on Tuesday. The S&P Global Philippines Manufacturing Purchasing Managers’ Index (PMI) slipped to 51.5 in December, from a nine-month high of 52.7 in November.

The Philippines had the second-highest PMI reading among Southeast Asian countries with available data, after Indonesia (52.2). Vietnam, Malaysia, Thailand and Myanmar all contracted in December.

It was a significant development for a sector that has been lagging its regional peers for decades.

In 2022, the largest share of exported commodity goods from the Philippines were electronic products, particularly semiconductors and electronic data processing products such as hard drives, making it the biggest contributor to the country’s export sales, according to Statista.

Aside from electronics, the Philippines has a large food manufacturing industry, which generated a gross value added of about P1.8 trillion ($32.5 billion) in 2022. Among the country’s leading food exports were animal or vegetable fats and oils and processed foods such as bread, cereals and dairy products.

Food manufacturers in the country also produce flour and sugar for domestic consumption and export. The Philippines also exports chemicals and chemical products such as fertilizers, petrochemicals and plastic products.

FOREIGN OWNERSHIP
Manufacturing sector growth relies on foreign direct investments (FDI), which amounted to only $9.2 billion in 2022, behind Thailand ($10 billion), Malaysia ($15.1 billion), Vietnam ($17.9 billion), Indonesia ($21.7 billion) and Singapore ($140.8 billion).

This was despite the passage of laws liberalizing the Philippine economy, including the Corporate Recovery and Tax Incentives for Enterprises Act, which cut the corporate income tax for domestic and foreign corporations to 25% from 30%.

In 2021, the Philippines passed a law that amended the country’s 85-year-old Public Service Act, allowing full foreign ownership in domestic shipping, telecommunications, shipping, railways and subways, airlines, expressways and tollways, and airports.

Global investment banker Stephen Anthony T. CuUnjieng said foreign investors “want to make money first” and changing the laws “would not necessarily make them make money.”

“If the country or the sector is unattractive or less profitable than other countries, changing the law will not change that,” he told One News channel in December, amid a renewed push to amend economic provisions of the 1987 Philippine Constitution.

“If the sector is attractive and you make foreign ownership and doing business easier, then yes, more FDIs will come in,” Mr. CuUnjieng said. “Allowing more foreign ownership will work. But if you’re not attractive to begin with, opening it up to 100% ownership and giving subsidies won’t change it if the return on investment will be lower.”

He said investors in the manufacturing sector are largely looking at labor productivity and lower electricity costs, which can be anywhere from 20% to 60% of their production costs.

“If a manufacturer in the Philippines is 20% to 40% more expensive than another in Indonesia, Thailand or Vietnam, you’re starting out already with a deficit of as much as 30% versus other countries, why would you come here for manufacturing?” he asked.

President Ferdinand R. Marcos, Jr. last year extended by another 15 years the contract for the Malampaya gas field, which supplies 20% of the Philippines’ total electricity requirements, allowing the operator to drill new wells.

Amid the declining output of the gas field, which is expected to run dry by 2027, Mr. Marcos expressed willingness to resume joint energy exploration activities in the South China Sea.

“Our power cost is the highest in ASEAN (Association of Southeast Asian Nations) for large establishments,” Mr. Fabella said, noting that the state should lower manufacturers’ electricity costs by exempting them from missionary, universal and stranded cost charges.

The possible decline in the quality of the Philippine labor force also threatens the country’s manufacturing ambitions, according to Mr. CuUnjieng.

Filipino students were still among the world’s weakest in math, reading and science, according to the 2022 Program for International Student Assessment (PISA), with the Philippines ranking 77th out of 81 countries and performing worse than the global average in all categories.

Terry L. Ridon, convenor of InfraWatch PH, said decades-long governance issues such as corruption and red tape would continue to hound the manufacturing sector.

Investors seeking to establish hubs in emerging economies would look for countries that have “very streamlined processes for permits and licenses and have low to zero perception of government corruption, he said in an e-mail.

“Our government does not live by contracts it signed and stands ready to change provisions depending on populist sentiment,” Mr. Fabella said. “Long-term investors do not invest where expropriation noise is rampant.”

The stability of politics and ease of doing business in Vietnam have been cited as key factors behind its rise as the top choice for global manufacturers diversifying away from China, which has been in a years-long trade war with the United States.

There are fewer occurrences of policy reversals in Vietnam because of its political structure, “thus increasing certainty, which is good for the investment climate,” George N. Manzano, who teaches trade at the University of Asia and the Pacific, said in an e-mail.

Vietnam has a one-stop shop for investors, Mr. CuUnjieng said. “You go to one government agency, and they take care of everything. In the Philippines, you often have one shop at every stop.”

Vietnam had FDIs worth $112 billion from 2010 to 2019, compared with $57 billion for the Philippines. Its merchandise exports in 2019 hit $300 million, compared with $70 million for the Philippines.

“The heady foreign direct investments that Vietnam attracted in the past years may have increased its attractiveness,” Mr. Manzano said. “Investments beget other investments, particularly if an investment of a sizeable manufacturing concern will attract its supplier industries to locate as well.”

He noted that as more foreign investments cluster at one hub, the production costs usually fall, leading to so-called “economies of agglomeration.”

“At the same time, there will be more flow of ideas prompting innovation,” he said. “The clustering of industries in Vietnam’s special economic zones can lead to economies of agglomeration.”

The Philippine Economic Zone Authority said it wants to benefit from the relocation of big foreign companies, especially those in the technology sector, from China.

The country anticipates increased investments in metal fabrication or skilled manufacturing, especially in the electronic vehicle (EV) sector, PEZA Director-General Tereso O. Panga said in a Viber call. He added that EV players from China, the US, Indonesia, South Korea and Japan are expected to set up production sites in the country this year.

“It’s not just multinational companies that are relocating from China, but also mainland Chinese manufacturing businesses so they can avail themselves of GSP+ privileges for their exports,” he said.

The European Parliament and European Council have agreed to extend GSP+ arrangements for four more years while they negotiate reforms to the trade deal, where the Philippines enjoys zero duties on more than 6,000 exports.

As the Philippines steps up efforts to save its export-oriented manufacturing sector, the country must also look at its volatile exchange rate, which hurts exporters and is deadly to smaller ones, Mr. Manzano said.

“We should provide a more stable exchange rate regime geared to level the playing field between nontradable and tradable goods.”

The Philippine trade deficit has been widening in the past years, as the country imports more than it exports.

Analysts said tensions with China don’t bode well for the country’s export-oriented manufacturing sector.

China remains the largest source of technologies that the Philippines needs to make its exports competitive, such as electronics and machinery, Mr. Manzano said.

“The Philippines needs electronic parts and components from China in order to export,” he said. “If the imports of parts and components are sourced from more expensive suppliers, the competitiveness of Philippine exports, particularly electronics, would be undermined.”

“The protection and development of our export-focused manufacturing is critical to propping up our dollar reserves in light of our massive import requirements in infrastructure and agriculture,” Mr. Ridon said. “This has not been enough to ensure a positive balance of trade for almost a decade.”

Banks continue to miss 10% lending quota for MSMEs

BANK LENDING to small businesses continued to fall short of the mandated quota of 10% of their total loan portfolio. — PHILIPPINE STAR/ MICHAEL VARCAS

PHILIPPINE BANKS failed to meet the mandated quota for small business loans in the first nine months of 2023, preliminary data from the Bangko Sentral ng Pilipinas (BSP) showed.

Loans extended by the banking industry to micro-, small-, and medium-sized enterprises (MSMEs) amounted to P552.404 billion as of end-September, which made up only 4.63% of their total loan portfolio of P11.9 trillion.

This was 21.6% higher than P454.303 billion in loans extended to the MSME sector in the January-to-September period in 2022.

Under Republic Act No. 6977 or the Magna Carta for MSMEs, banks are required to allocate 10% of their total loan portfolio for small businesses to boost the sector — 8% for micro and small enterprises and 2% for medium-sized enterprises.

However, banks have long opted to incur penalties for noncompliance instead of taking on the risks associated with lending to small businesses.

BSP data showed loans for micro and small enterprises amounted to P214.748 billion as of end-September, comprising just 1.8% of their total loan portfolio and well below the 8% quota.

On the other hand, lending to medium-sized enterprises stood at P337.656 billion in the period. This is equivalent to 2.83% of the banks’ credit book and above the 2% minimum ratio required under the law.

Based on the type of bank, BSP data showed universal and commercial banks disbursed P153.105 billion in credit to micro and small enterprises as of end-September, equivalent to only 1.44% of their P11.13-trillion loan portfolio.

Big banks’ loans to medium-sized enterprises stood at P291.452 billion or 2.62% of their loan book.

At the same time, thrift banks were also unable to meet the quota as their loans to micro and small enterprises reached P29.228 billion or 3.81% of their P591.821-billion loan portfolio.

Still, thrift lenders went beyond the credit quota for medium enterprises as their loans to the sector hit P27.903 billion or 4.75% of their loan book.

Meanwhile, rural and cooperative banks extended loans worth P32.346 billion to micro and small enterprises. This is equivalent to 16.39% of their P197.401-billion credit book, and well above the minimum amount required by law. Their loans to medium enterprises hit P18.3 billion or 9.27% of their loan portfolio.

The BSP also recorded the loans granted by digital banks to the MSME sector. Digital banks disbursed P70 million in credit to micro and small enterprises in the first nine months of 2023, representing 0.4% of their P17.25-billion loan portfolio.

Digital banks did not extend loans to medium enterprises.

During the pandemic, the BSP allowed banks to count MSME loans as alternative reserve compliance with the reserve requirements to help prop up the sector. This relief measure expired on June 30, 2023.

However, the relief measure was extended to thrift banks as well as rural and cooperative banks until Dec. 31, 2025.

Based on separate central bank data, small banks allocated a total of P8-billion and P6.5-million loans to MSMEs and large enterprises, respectively, for the week ending Oct. 19.

The unwinding of the pandemic relief measure coincided with the reduction in banks’ reserve requirement ratios on June 30, 2023.

In April 2023, the central bank launched the Credit Risk Database Scoring Model, which is expected to serve as an additional tool that lenders can use to analyze the creditworthiness of MSMEs, especially those without credit history or enough collateral. — Keisha B. Ta-asan

Philippines yet to fulfill some action plans to exit from FATF ‘gray list’

President Ferdinand R. Marcos Jr. presides over a meeting discussing the status of the Philippines in the Financial Action Task Force’s (FATF) “gray list” at Malacanan Palace, Jan. 2. — YUMMIE DINGDING/PPA POOL

THE PHILIPPINES has yet to fulfill several action plans more than two years since it was placed under the “gray list” of the Financial Action Task Force (FATF), the country’s dirty money watchdog said.

But the Anti-Money Laundering Council (AMLC) is still hoping the Philippines will be able to exit the FATF’s gray list this year, and to avoid a possible inclusion in the blacklist.

At a Palace briefing, AMLC Executive Director Matthew M. David said the Philippines still has to address eight out of the 18 action plan items it had committed to comply with to be removed from the gray list.

“The most challenging action item is regarding terrorism financing prosecution. We need to file more terrorism financing cases and the one in charge of complying with this action item are the law enforcement agencies, including the AMLC,” he said.

Other remaining action plans include the effective risk-based supervision of nonfinancial businesses and professionals, mitigating risk associated with casino junkets, and streamlining access to beneficial ownership information, Mr. David said.

The Philippines has been in the global financial crime watchdog’s gray list of jurisdictions under increased monitoring for dirty money risks since June 2021.

Since the Philippines had failed to meet the FATF’s January 2023 deadline to comply with the action plans, Mr. David said the government has a self-imposed goal of exiting the gray list this month.

“The longer we are on the gray list, the bigger the possibility or the higher the risk that we will enter the blacklist,” he said.

Only three countries are currently in the FATF’s blacklist — North Korea, Iran and Myanmar.

President Ferdinand R. Marcos, Jr. on Tuesday presided over the  sectoral meeting on the status of the Philippines in FATF gray list.

“The President also directed the agencies of government to continue with their actions and to continuously sustain good coordination among themselves, between the law enforcement and other government agencies,” Mr. David said.

Enrico P. Villanueva, who teaches banking at the University of the Philippines Los Baños, said banks have done a lot of work and investments in order to manage risks related to money laundering and terrorism financing. Nonbank entities need to do more to catch up, he noted.

“For banks, improvement can still be made on drilling down customer accounts to the ultimate beneficial owners,” he said, noting that beneficial ownership information should be digitized and accessible to regulators and law enforcement agencies.

For nonbank entities, Mr. Villanueva said the regulator should impose penalties such as monetary fines or suspension of business licenses “to communicate seriousness in enforcement.”

Michael L. Ricafort, chief economist at Rizal Commercial Banking Corp., said the Philippines needs to lift the Bank Secrecy Law to make banking regulations at par with those of its Southeast Asian neighbors.

“It will also help in facilitating the integration of the country’s capital markets into the region,” he said via Messenger chat.

Should the Philippines be blacklisted by FATF,  Mr. Ricafort said investments and other fund flows into the Philippines would be affected.

Leonardo A. Lanzona, who teaches economics at the Ateneo de Manila University, called on the government to reverse its policy on offshore gambling.

“A first order of business should be the elimination of offshore gambling which is susceptible to money laundering schemes,” he said. “But of course, this should involve a whole-of-government approach which apparently this government has not done.”

In March 2020, then-senator Franklin M. Drilon flagged that millions of dollars brought into the Philippines between December 2019 and February 2020 might have been laundered through Philippine Offshore Gaming Operators (POGOs), which refer to Chinese gambling companies that offer online gambling services to markets outside the Philippines.

The Marcos administration began a crackdown on many POGOs after a spate of kidnappings that targeted their Chinese workers.

“The President has reiterated the government’s high-level political commitment and directed all government agencies concerned to swiftly address the remaining deficiencies in relation to the gray-listing of the Philippines,” Mr. David said at the Tuesday briefing.

He said investor confidence and even the country’s credit rating may be affected if the Philippines remains on the gray list.

“It may also affect foreign direct investments in the Philippines because if you don’t exit the gray list, they may think that our anti-money laundering, combating terrorism financing system is not adequate enough, or sufficient enough or strong enough,” he added.

Rommel C. Banlaoi, chairman of the Philippine Institute for Peace, Violence, and Terrorism Research, recognized the passage of The Terrorism Financing Prevention and Suppression Act of 2012, which was complemented by a 2020 law that amended the country’s Anti-Terrorism Act of 2001.

The two laws as well as the decline of terrorist threats would be enough for the Philippines to exit from the FATF’s gray list.

The country’s anti-terrorism financing measures should consider the emerging global financial landscape, Chester B. Cabalza, founder of Manila-based International Development and Security Cooperation, said via Messenger chat.

Mr. Cabalza cited the introduction of bitcoins, online transactions, and virtual wallets.

Mr. Villanueva said the action plan items needed to get out of the gray list may be challenging but not impossible.

“They just require bureaucratic or political will. For societies or governments that tolerate wrongdoings, political will may be wanting,” he said. — Kyle Aristophere T. Atienza

Jollibee boosts Tim Ho Wan capital by S$100M

FACEBOOK/TIMHOWANPH

JOLLIBEE Foods Corp. has increased its capital commitment to Titan Dining LP, the private equity fund that owns the Tim Ho Wan brand and stores, to S$414 million ($313.2 million) to fund its expansion.

In a disclosure to the Philippine Stock Exchange, the Philippine fast-food giant also said the participating interest of unit Jollibee Worldwide Pte. Ltd. in Titan would rise to 92% from 90% through the purchase of a 2% interest in another limited partner in the fund for S$7.7 million.

The fund size of Titan will increase by S$100 million to S$450 million, Jollibee said. “These amendments are necessary to support the growth expansion of Tim Ho Wan, other brands and other future food and beverages concepts that will be part of Titan’s portfolio,” it told the exchange.   

Jollibee shares rose by 1.43% or P3.60 to P255 apiece at the close of trading.

Tim Ho Wan operates 78 outlets in Asia and has stores in China, Taiwan, Hong Kong, Macau, Singapore, and the Philippines. Jollibee said it seeks to have 100 Tim Ho Wan restaurants in mainland China mid-term.

Jollibee invested S$45 million for a 45% stake in Titan, the master franchisee of Tim Ho Wan in the Asia-Pacific region, in May 2018.

The company noted at that time that by investing in the fund, it could acquire a substantial interest in Tim Ho Wan’s master franchise in the region through a purchase mechanism provided for in the investment agreement. To prepare for this, Jollibee set up a franchise operation of Tim Ho Wan in Shanghai.

In October 2019, Jollibee Worldwide’s capital commitment to Titan increased to S$120 million from S$45 million, its participating interest rose to 60% and the fund size of Titan doubled to S$200 million. Titan also expanded its assets by acquiring the Tim Ho Wan brand and trademarks. 

In October 2020, Jollibee’s participating interest in Titan increased further to 85% from 60% after its unit bought the 25% participating interest of another investor in the fund for S$36.3 million.   

In August 2021, Jollibee purchased the remaining 15% of other investors in Titan. Three months later, it entered into an amended limited partnership agreement with Titan to increase the fund size to S$250 million.

More investors also joined the fund with a 10% participating interest in Titan. Jollibee Worldwide’s commitment increased to S$225 million or 90% of the increased fund size and total commitments.   

In September 2022, the fund size of Titan increased by S$100 million to S$350 million, with Jollibee Worldwide’s fund commitment reaching S$315 million.

The listed Philippine fast-food company has two joint ventures with Titan for Tim Ho Wan in China, and for Tiong Bahru Bakery and Common Man Coffee Roasters in the Philippines. Tim Ho Wan has 19 restaurants in China, mostly in Shanghai.

Titan also owns and operates other businesses in the food and beverage segment such as the Open Farm Community, Tippling Club, Noka, Bochinche, The Butcher’s Wife, and Drunken Farmer brands. It also has a presence in the nonfood and beverage segment via its Strip, Browhaus, and Spa Esprit brands.

As of end-November, Jollibee had 6,805 stores globally across various brands, consisting of 3,487 international stores and 3,318 stores in the Philippines.   

Its largest brands by store outlets worldwide consist of Jollibee at 1,645, Coffee Bean and Tea Leaf at 1,146, Highlands Coffee at 757, Chowking at 614, and Mang Inasal at 571. — Revin Mikhael D. Ochave