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Education department not seeking to revise history, VP Carpio says

PHILIPPINE STAR/ RUSSELL PALMA

VICE-President (VP) and Education Secretary Sara Duterte-Carpio on Tuesday said her agency was not seeking to revise Philippine history by rebranding the martial law regime of the late dictator Ferdinand E. Marcos. 

“As the Education secretary, it is not part of my mandate to ruin the integrity of our history,” she said in a statement. The Department of Education (DepEd) is preoccupied with education programs and does not have time for historical revisionism, she added. 

“DepEd is not in the business of erasing these facts and replacing them with something else.” 

Ms. Carpio, who teamed up with the late dictator’s son for the top two government posts in the May elections, issued the statement after reports that martial rule was being reintroduced in schools as the “period of the New Society.” 

A senior high school student from Marinduque island earlier posted on social media, including a photo of a DepEd module, that her class was being taught to call the dictatorship from 1972 to 1981 the “period of the New Society.” 

Ms. Carpio said the terms New Society and martial law involve “historical facts” that have been used “within their proper context” in DepEd textbooks since 2000. 

She accused critics of using the agency to incite feelings against the dictator’s martial rule. 

“The period of the New Society started on Sept. 21, 1972,” according to a copy of the module obtained by BusinessWorld

During that period, “newspapers donned new forms.” “News on economic progress, discipline, culture, tourism and the like were favored more than the sensationalized reporting of killings, rape and robberies.” 

More than 70,000 people were jailed, about 34,000 were tortured and more than 3,000 people died under martial rule, according to Amnesty International. The dictator shuttered television stations, newspapers and radio stations. 

The Marcoses have been accused of living lavishly in the Philippine presidential palace while Filipinos suffered from a collapsing economy, which declined by 7.3% in 1984 and 1985. 

“It is a historical fact that New Society refers to the program launched by former President Ferdinand Marcos, Sr. during his administration,” Ms. Carpio said. “And it is another historical fact that martial law refers to the 14-year rule of the former president.” 

Michael Henry Ll. Yusingco, a policy analyst, said the “obvious misrepresentation” of the martial law period “warrants a congressional investigation.” “This matter is very serious because it involves the education of young Filipinos,” he said in a Facebook Messenger chat. 

Arjan P. Aguirre, a political science professor at the Ateneo de Manila University, said there should be “a proper investigation about what happened and a quick and appropriate correction of the error made in the module.” 

He said the public should be informed about revisionist attempts “especially now that our democratic ideals, institutions and practices are being undermined by political forces that aim to have more control.” 

“It may not be a surprise if the current DepEd secretary will not do anything for now,” Maria Ela L. Atienza, a political science professor at the University of the Philippines, said in a text message. 

Different groups and political players want to change history books to paint the dictatorship in a better light, she said. 

“There are also political elites and petty bureaucrats who want to win favors from the current leadership and they think changing modules may be one way,” she added, noting that there are also groups standing up against attempts to distort history. — Kyle Aristophere T. Atienza and Matthew Carl L. Montecillo 

Gatchalian pushes for long-term solutions to work overload among teachers 

DEPED.GOV.PH

A SENATOR said the government should find long-term solutions to the problem of work overload among teachers to help address the education crisis in the country.   

“One of the steps to take care of the quality of education that our young people receive is to make sure that our teachers have enough time to teach,Senator Sherwin T. Gatchalian, who chairs the Senate Basic Education Committee, said in Filipino in a statement on Tuesday. 

But we cannot do this if teachers remain burdened with other tasks that have nothing to do with actual teaching,” he added.  

Even before the disruptions brought by the coronavirus pandemic, the Philippine Institute for Development Studies (PIDS) already pointed out in a 2019 study that the quality and delivery of education is affected by administrative and student support roles handled by teachers. 

Teachers are also required to participate in government programs such as mass immunization, deworming, and election.  

Mr. Gatchalian urged the Education department to adopt a proposal from the state think tank to conduct studies on teacher workload, as it will help rationalize their job and allow them to allocate more time for teaching.  

The senator also filed the Digital Transformation in Basic Education Act to promote efficiency in delivering basic education services.  

Senate Bill 383, if passed, will help streamline teachers’ workflow through the use of technology.  

Mr. Gatchalian is also pushing for amendments to the 56-year-old Magna Carta for Public School Teachers to improve provisions on benefits as well as make it more responsive to present challenges. Alyssa Nicole O. Tan 

Cagayan province declares state of calamity after series of typhoons

FLOODED farm areas in the town of Allacapan on Oct. 12. — ALLACAPAN MAYOR HARRY D. FLORIDA

CAGAYAN in northern Philippines has been placed under a state of calamity following damage from four typhoons since August, the provincial government announced on Tuesday.  

The provincial council unanimously approved on Oct. 24 the state of calamity declaration, which paves the way for the release of local disaster response funds to assist affected residents.  

The provincial disaster management office recommended the declaration, citing the impact of severe tropical storm Florita (international name: Florita) in August; and typhoons Mamay, Neneng (international name: Nesat), and Obet in October.   

Persistent rains brought by the shear line, or the meeting of cold and hot air, has also aggravated flooding and landslides, the disaster management office said.  

Overall damage to crops, mainly rice, was estimated at over P565.8 million and another P4 million in livestock.   

Infrastructure damage reached 78.4 million.  

Around 66,510 families or 232,982 individuals have been affected.   

Cagayan, composed of 28 towns and the capital city of Tuguegarao, has a population of 1,268,603 based on the 2020 census. MSJ 

NGCP tower bombing leaves western Mindanao areas without power 

NGCP
NGCP

A POWER transmission tower in Kauswagan, Lanao del Norte was bombed on Monday, causing supply interruptions in western parts of the southern Philippine island of Mindanao, the country’s grid operator reported on Tuesday. 

The National Grid Corp. of the Philippines (NGCP) said Tower No. 8 of the Baloi-Aurora 138-kiloVolt (kV) line was bombed, which prompted rotational brownouts to prevent overloading of the remaining line.   

The tripping was due to the bombing of Tower No. 8 of the said line located in Sitio San Isidro, Brgy. Bagombayan, Kauswagan, Lanao del Norte. The bombing resulted in the toppling of the said tower,NGCP said in a media release.   

The transmission firm said affected areas are the provinces of Zamboanga del Norte, including the cities of Dipolog and Dapitan; Zamboanga del Sur, including the cities of Pagadian and Zamboanga; Zamboanga Sibugay; Misamis Occidental; and several areas of Lanao del Norte.   

Power restoration in affected areas may take two to three days, NGCP spokesperson Cynthia P. Alabanza said in a Viber message on Tuesday.   

“NGCP is currently coordinating with local law enforcement to secure the area as repairs are to be done by NGCP personnel,the company said.    

Preliminary investigation by authorities show that improvised explosive devices (IEDs) were used.    

A still unidentified individual was found at the scene with fatal injuries, but “it is unclear if this is related to the bombing,NGCP said.    

The transmission firm warned that “suspicious activities within or along the power transmission corridor which may disrupt the transmission of power is punishable by law, with a penalty of as much as P200,000 or 12 years imprisonment, or both.”Ashley Erika O. Jose 

Sister of middleman in broadcaster’s murder placed under witness protection

BW FILE PHOTO

THE SISTER of the alleged middleman involved in the killing of a local broadcaster has been placed under the Witness Protection Program, the Department of Justice (DoJ) said on Tuesday. 

“When she arrived here at the DoJ, she gave Justice Secretary Jesus Crispin C. Remulla information about her dead brother and we found that the information was relevant to his death, DoJ spokesman Jose Dominic F. Clavano IV told reporters in mixed English and Filipino, based on a video posted by state-run media People’s Television Network on Twitter. 

Senator Rafael Raffy” T. Tulfo said in a statement on Tuesday that the woman sought his help on Monday. She later revealed during the lawmaker’s radio program that her brother told her before his death that three individuals may kill him in the national penitentiary. 

The senator and his brother, Social Welfare Secretary Erwin T. Tulfo, put her in contact with the Justice department. 

“There were names mentioned but all of these are allegations as of now,” Mr. Clavano said. “So now we have to verify and vet this information.” 

The Justice secretary earlier said one of the middlemen who contracted the killers died of unknown causes. He also said there was a second middleman whom police had detained.  

Last week, the alleged gunman in the murder of 63-year-old Percival Mabasa surrendered to authorities and said he had been hired by someone inside the national penitentiary. He and three other accomplices supposedly got paid P550,000.  

The broadcaster’s YouTube channel which had more than 200,000 subscribers showed he had been critical of ex-President Rodrigo R. Duterte and some policies of current officials.  

Meanwhile, the Philippine National Police said it will ask for help from the Tulfo brothers to examine the woman’s mobile phone for possible leads.  

“Maybe they can help us with the turnover of the sister’s cellphone so we could conduct a forensic examination and it would form part of the evidence that would lead to the mastermind, national police chief Rodolfo S. Azurin told ABS-CBN Teleradyo on Tuesday. John Victor D. Ordoñez

Retired Navy officer found guilty of corruption in medical supply contracts 

PHILSTAR FILE PHOTO

THE PHILIPPINES’ anti-graft court has convicted a retired navy admiral of graft and malversation for approving anomalous medical supply procurements from 1990 to 1991. 

In a 586-page decision dated Sept. 16, Sandiganbayan Third Division said former Philippine Navy Rear Admiral Gilmer B. Batestil showed intent to “defraud the government” through falsification of documents.  

“Here the acts of accused Betestil in signing the subject purchase orders and disbursement vouchers checks show the concurrence of will and unity of purpose between the said accused in defrauding the government,” according to the ruling penned by Associate Justice Amparo M. Cabotaje-Tang.  

The court sentenced him to 12-18 years in prison for the malversation charges and 6-10 years for graft. The officer was also ordered to pay a fine worth P17.09 million.  

The ex-navy officer had testified that he was in charge of signing the purchase orders.  

Mr. Batestil did not immediately reply to a Facebook Messenger chat seeking comment.  

The case stemmed from a report by state auditors that flagged the irregular procurements.  

The owner of the private supplier was also ordered to pay a fine of P7.7 million for taking state funds by falsifying documents to make it appear that there were deliveries of the medical supplies.  

The court added that the private firm did not have a license as a medical supply distributor and retailer.  

“The truth, however, is that there were no deliveries at all,” the Sandiganbayan said.  

Under the law governing the Sandiganbayan, decisions may be appealed through a petition for reconsideration or elevated to the Supreme Court. John Victor D. Ordoñez 

House bill seeks suicide prevention programs for students 

PHILIPPINE STAR/KRIZ JOHN ROSALES

A BILL that aims to set up suicide prevention programs for students at all school levels has been filed in the House of Representatives, citing the need to recognize and address mental health concerns among the youth.

House Bill 2895 or the proposed Student Suicide Prevention Act tasks the Department of Education (DepEd), the Commission on Higher Education (CHED), and the Technical Education and Skills Development Authority (TESDA) to establish their respective programs that will help prevent student suicide incidents.  

Suicide is not a crimeit is a serious problem that must be addressed,said the bills authors in a statement on Tuesday. In the Philippines, unfortunately, no concrete steps have been taken to determine the causes of suicide among the Filipino youth.  

The measure cites a study by the University of the Philippines Population Institute that shows suicidal intention rates among young adults aged 15 to 25 doubled in 2021 from 2013.  

Mental health issues among the youth have also been aggravated by mobility restrictions during the two-year pandemic, they said.  

The government, through the DepEd, CHED and TESDA, should take steps to raise awareness of student suicide as a serious public health program.” 

The bill was filed by Camarines Sur Reps. Luis Raymund F. Villafuerte Jr., Miguel R. Villafuerte, and Tsuyoshi Anthony G. Horibata, and BICOL-SARO Party-list Rep. Nicolas C. Enciso VIII. Kyanna Angela Bulan

PHL senators visit French counterparts to discuss climate change, enhance ties

EIGHT SENATORS are in France this week to meet with their counterparts to enhance bilateral ties, including cooperation in the areas of climate change, economy, and people-to-people relations.

“This meeting is an opportune time for us to assess our country’s strong ties with the French Republic and discuss how we can foster our friendship and cooperation, especially on areas that concern both the Philippines and France,” Senate President Pro Tempore Lorna Regina “Loren” B. Legarda said in a statement on Tuesday.

Ms. Legarda, who is among the delegation, said climate change is a priority topic.

“Our country fully recognizes France’s steady allegiance to be a global leader in addressing the issue, and we are fully committed to supporting the Paris Agreement,” she said.

The Paris Agreement, also known as the Paris Climate Accord, is an international climate change treaty adopted in 2015 by members of the United Nations Framework Convention on Climate Change.

The Philippines is among the 193 signatory states along with the European Union. The two biggest carbon emitters, China and the United States, have also acceded to the agreement. — Alyssa Nicole O. Tan

Lawmaker calls on DA to boost sweet potato development as alternative to rice

THE Department of Agriculture (DA) should fund the development of sweet potato, locally known as kamote, to boost production and food innovation to make it a more attractive alternative to rice, a lawmaker said on Tuesday.

Iloilo Rep. Janette L. Garin, a physician and former health secretary, said promoting alternatives to the Filipino staple is necessary as rice growers have warned of a potential shortage next year amid the continuing rise in input costs and low farmer income.

She said the Agriculture department should “increase production and make the necessary investment in root crops — in terms of agricultural research, food technology, or marketing.”

“Our love for rice has given birth to the famous ‘extra rice’ and ‘unli rice’ cultures. Unlike the popular expression ‘rice is life,’ we encourage restaurants to try using kamote in place of rice and even as French fries,” she said.

Ms. Garin also pointed out that sweet potatoes are a healthier food choice given its nutritional content compared with rice.

“Now that we have a possible problem with the supply of rice and its increased consumption contributes to more cases of Type 2 diabetes in Filipinos, it’s time to control our diet and, if possible, avoid eating a lot of rice,” she said.

Sweet potato production from April to June this year was 163.94 thousand metric tons, up 4% from 157.68 thousand metric tons in the same period of last year, based on data from the Philippine Statistics Authority.

The root crop is mainly used for local delicacies and as an ingredient in vegetable dishes.

A DA investment guide on sweet potato also cites its use as an ingredient for the production of “catsup, jam, soy sauce, jellies and other bakery products. — Matthew Carl L. Montecillo

Jobs and the private sector

Applicants fill up documents at a job fair in Manila, June 20, 2022. — PHILIPPINE STAR/KRIZ JOHN ROSALES

If you really want to get to know an economy, one of the first numbers you look at is jobs. Do people have a regular source of income, which they can use to buy their basic needs? How many people are out of a job and could be contributing more to the economy if only they had one?

More than that, jobs convey a value that goes beyond numerals. Are people actively engaged in economic activity, which enables them to support their families without relying on anyone? Do they have some measure of security about their future? Jobs are more than a source of income; they are a source of dignity. 

Small wonder that the creation of jobs ranks the highest among Filipinos’ concerns.

In a Stratbase-commissioned survey held between Sept. 17 and 21 this year, Pulse Asia asked respondents nationwide to give three issues that the private sector can address to boost the Philippine economy. Sixty-nine percent of respondents identified job creation — the most frequently cited issue.

The dominance of job creation as an area of cooperation with the private sector is consistent across all regions in the Philippines, and was cited the most by respondents from the National Capital Region (77%) and those from socioeconomic class D (71%).

A comparison with figures from December 2021, the last time Pulse Asia asked the same questions to its respondents, revealed a significant increase in the percentage of those who believed jobs are the primary issue the private sector can help address.

Nine months ago, some 58% of respondents nationwide believed the same, representing a jump of 11 percentage points. This is a strong message that more Filipinos give high value on how the private sector is the primary employer of the workforce population.

The marked increase from December 2021 to September 2022 is most pronounced in the National Capital Region (NCR), which saw jumps of 16 and 18 percentage points, respectively. Respondents from socioeconomic class D also had the same sentiment; responses from this group showed a 14-percentage point increase from 57% in December to 71% nine months later.

This is the same Pulse Asia survey which revealed that 86% of Filipinos nationwide agree that the private sector plays a crucial role in accelerating economic growth. In the NCR and Balance Luzon, more respondents — 90% and 88%, respectively — believe the same. Ninety-four percent of respondents from the ABC socio-economic group had the same sentiment.

The Pulse Asia survey, conducted via face-to-face interviews among 1,200 respondents from the NCR, Balance Luzon, Visayas and Mindanao has a margin of error of plus/minus 2.8% at the 95% confidence level.

The survey respondents’ emphasis on job creation is not misplaced. Official government figures show us that employment and unemployment remain a crucial concern for the country, especially as we try to recover from the crippling effects of the pandemic-induced lockdowns.

According to the Philippine Statistics Authority (PSA), unemployment in August 2022 hit 5.3%, up from 5.2% in July. The difference translates to 79,000 more Filipinos out of a job.

Meanwhile, underemployment also increased in August 2022 from the previous month, with the number of workers looking for more jobs or more working hours increasing to 14.7% (7.03 million) from 13.8% (6.54 million) in July 2022.

The PSA said in July that the services sector remained the top employment hub with 58.8% of the total number of employed persons. The agriculture and industry sectors employed 23.5% and 17.7%, respectively.

Through all these, there are several sectors that saw an increase in employment. Year on year, or from July 2021 to July 2022, the following sub-sectors saw the largest increase in the number of employed persons: wholesale and retail trade, repair of motor vehicles and motorcycles (2.14 million); agriculture and forestry (1.74 million); accommodation and food service activities (498,000); other service activities (354,000); and public administration and defense, compulsory social security (206,000).

Within this year, between the first quarter and the second quarter, the largest increases in the number of employed persons were in the following sub-sectors: wholesale and retail trade, repair of motor vehicles and motorcycles (840,000); agriculture and forestry (268,000); accommodation and food service activities (170,000); administrative and support service activities (137,000); and construction (137,000).

A look at the industries and sub-sectors experiencing growth despite the still-precarious economic environment would tell us that the vast majority of these jobs are in the private sector, also validating the sentiments of the survey respondents.

Then and now, the private sector has consistently proven itself to be an indispensable partner of the government in economic development in general, and job generation in particular. The private sector’s strengths, resources, and know-how complement the government’s own capabilities.

The challenge to the new administration is to make a longtime commitment to work in tandem with the business community, not only through pronouncements, but more importantly by fostering transparency and accountability in government affairs, by establishing a fair, predictable, and business-friendly regulatory environment, and by respecting the rule of law.

In turn, more domestic and foreign investments will come, providing much-needed jobs for our people and enabling them to live the life they desire and deserve.

 

Victor Andres “Dindo” C. Manhit is the president of the Stratbase ADR Institute.

IT-BPM industry drives economic growth

PETR MACHACEK-UNSPLASH

(Part 2)

The developed world is due to suffer stagflation — high inflation and low economic growth — in the near future. Because of the high prices of commodities, partly caused by the Russian-Ukraine war — another recession is expected in the next three to four years. Even China has slowed down dramatically at a GDP growth rate of 3 to 4%.

Recent World Bank forecasts show that countries in the ASEAN will lead the world in growth with Vietnam and the Philippines still able to grow at 6 to 7%. India is expected to grow at even more than 7%.

I expect the economic difficulties to be faced by the developed countries in Europe, North America and Japan to actually benefit the information technology and business process management (IT-BPM) industry of the Philippines and India.

As costs of operations in the US grow because of the strong dollar, there will be greater pressure on their business enterprises to outsource non-core IT-BPM services to countries like the Philippines and India in which wages are much lower. This was actually the good news that I received when I attended a conference organized by the BPO-IT (business process outsourcing-information technology) industry association in Boracay from Oct. 20 to 23.

The main players actually expect a recession in the developed world to increase demand for Philippine BPO-IT services. They were so bullish that they expect to add 1 million more workers to their industry in the next six years. I considered their optimism quite realistic.

The Philippines serves countries spanning multiple time zones for contact center (CC) and business process (BP) delivery. It is actually providential that it is the US whose currency is getting stronger and stronger that continues to be the largest client because of cultural affinity and neutrality of the Filipino accent with the nature of work supported evolving from transactional to complex, such as customer experience management (chats and social media interaction, customer analytics, etc.).

Furthermore, especially after the health crisis during the pandemic, certain sectors such as clinical healthcare and nursing assistance have increased the share of North America. On the other hand, the Asia-Pacific region and Europe contribute the remaining BP services, with each having a share of 15%.

The IT-BPM sector is especially contributing to equitable economic growth because of its leveraging more and more cities and other municipalities outside of the National Capital Region in which income and employment opportunities have been overly concentrated to the detriment of the other regions.

Not only are IT-BPM enterprises locating in other major urban centers like Metro Cebu, Davao, Iloilo, and Cagayan de Oro. They are increasingly expanding to secondary cities and municipalities like Puerto Princesa, Tuguegarao, Dumaguete, Tanjay (Negros Oriental), Angeles (Metro Clark), and Capiz, among others.

In fact, there are provinces like Ilocos Norte whose medium-term strategic plan is to significantly improve internet connectivity so that they can attract locators in the burgeoning data center services.

Now that foreign enterprises can own 100% of telecom companies under the amended Public Service Act (PSA), greater competition in the telecom industry will actually benefit the move of the IT-BPM industry to the countryside.

One of the most promising prospects for improvements in telecom services presented at the Boracay industry conference was delivered by the representative of Elon Musk’s Starlink whose future operations in the Philippines can make internet connections even in the most remote islands of the country possible.

Another major contribution of the IT-BPM industry to Philippine equitable economic growth is the role it will play in the upskilling and reskilling of Filipino human resources.

The obvious challenge to the leadership of our Department of Education is to improve the quality of basic education which has descended to very low levels as evidenced by the very poor performance of the products of basic education in international achievement tests in reading comprehension, mathematical literacy, and scientific know-how. Our 15-year-olds are notorious for getting the lowest scores in these tests.

Another problem, however, is how to upskill, reskill and retool those who are already in the labor force among whom are those who are either unemployed (2.6 million in 2022) or underemployed (6.54 million). A whole session was devoted to the issue of talent development during the Boracay seminar. This is probably the biggest challenge to the industry in the next six years, considering that new job prospects for one more million workers in the industry are expected till 2028.

The Philippines has been delivering contact center management for end users in key demand markets since the late 1990s. Since then, this industry has undergone a fundamental shift from transactional to complex BP services, driven by the impact of automation and digital transformation that has been further accelerated by the pandemic.

Going forward, the continuing growth of the Philippines IT-BPM industry will depend on the country’s ability to ensure a continuous supply of talent and skills in demand, along with an enlightened and favorable environment and enabling physical infrastructure.

Given the high demand for contact-center services and business processes in the Philippines, there already exists a demand-supply gap in metropolitan areas such as Metro Manila and Cebu. The shortage is even more critical in the secondary cities like Davao, Bacolod, Iloilo, Angeles-Clark, etc. Furthermore, most of the talent is concentrated in the metropolitan areas with limited availability in the provincial locations such as Davao, Iloilo, Bacolod, etc. The shortage becomes more acute when it comes to such services as analytics, complex CC processes, Finance and Accounting, etc.

Special attention in talent development should be given to data and analytics services. The consumption of these data-oriented services has witnessed a very rapid rise globally with increasing investments from enterprises to transform internal as well as external processes, reduce time-to-insights, repair obsolete analytical models, and understand the fast-evolving customer behavior.

Some estimates show that global data and analytics services demand could grow by as much as 15–20% annually in the coming years. The pandemic further fueled the need for these services across different industries.

For example, while data modernization and data-driven customer experience enhancement continue to be major drivers of Data and Analytics (D&A) services adoption in the Banking, Financial Services and Insurance (BFSI) sector, the pandemic expedited the need for fraud and risk analytics use cases to prevent increasing fraudulent transactions and to analyze risks in insurance grants.

Likewise, the Healthcare and Life Sciences sector saw an unprecedented need to develop the life-savings drugs and provide timely treatment as a result of the COVID-19 crisis, a phenomenon that was met by the rapid adoption of data and analytics, Artificial Intelligence, and other cognitive technologies aiding in drug discovery, DNA genome sequencing, COVID-19 detection, and digital therapeutics.

In producing the talents required in these emerging fields of data and analytics services, the role of the institutions of higher learning is indispensable. The leaders of the industry should work closely with the Commission on Higher Education (CHED) and the top universities to develop the appropriate knowledge and skills among the most intellectually capable university students and graduates.

Fortunately, there are already doctoral, masteral and undergraduate programs on data sciences and business analytics being offered by the top schools such as the Asian Institute of Management, the University of the Philippines, De La Salle University, Ateneo de Manila University, the University of the East, Far Eastern University, Southwestern University (PHINMA), and the University of Asia and the Pacific (UA&P).

In the last mentioned (where I teach), there is a very successful masteral program in business analytics that, in close cooperation with data analytics enterprises, is upskilling and reskilling professionals with different specializations as varied as law, economics, engineering, the sciences and others to become data analysts.

I would suggest that all these programs to address the increasing demand for data and analytics (D&A) services adopt the dual training system that the Germans have made popular. This means that as the future data analysts are receiving classroom instruction on the theories and tools of the profession, they are given on-the-job experiences in cooperating enterprises engaged in data analytics.

This very close cooperation between the academe and the business enterprises in the IT-BPM sector was highly emphasized in the session on talent development at the Boracay conference which I attended. I suggested that their industry leaders study very closely the success story of the Dualtech Foundation that over the last 40 years has produced more than 10,000 highly skilled workers for the industrial workforce, using the “dualvoc” system perfected in countries like Germany, Switzerland, and Austria.

(To be continued.)

 

Bernardo M. Villegas has a Ph.D. in Economics from Harvard, is professor emeritus at the University of Asia and the Pacific, and a visiting professor at the IESE Business School in Barcelona, Spain. He was a member of the 1986 Constitutional Commission.

bernardo.villegas@uap.asia

The ‘new normal’: The revised rules on telecommuting

BOJITHA WIMALASIRI-UNSPLASH

Due to rapidly evolving technology, coupled with the enduring risks of the coronavirus disease 2019 (COVID-19) pandemic, employers and employees alike have forged a “new normal” working environment — the work-from-home arrangement.

However, this setup is hardly new at all considering that Republic Act No. 11165, or the “Telecommuting Act,” which recognizes telecommuting as a legitimate work arrangement in the private sector, was approved on Dec. 20, 2018.

Subsequently, Department Order No. 202, Series of 2019, was issued by the Department of Labor and Employment (DoLE) on March 26, 2019, as its implementing rules and regulations prior to its recent revision in Department Order No. 237, Series of 2022, issued Sept. 16.

In fact, in recognition of the work-from-home arrangement as the new model of operations, and to settle the continuing issue on tax incentive claims concerning the conduct of business operations outside economic zones, the Fiscal Incentives Review Board (FIRB) has agreed to allow the transfer of registered Information Technology and Business Process Management (IT-BPM) companies to the Board of Investments (“BoI”).[1]

To effect the easy transfer of these registered business entities to the BoI, the 70-30 work-from-home arrangement for the IT-BPM sector has then been extended until Dec. 31, in accordance with Presidential Proclamation No. 57 which extended the country’s declared state of calamity until year-end.[2]

Telecommuting refers to a work arrangement that allows an employee in the private sector to work from an alternative workplace with the use of telecommunication and/or computer technologies.[3] This basically allows an employee to work outside the premises of the employer’s place of business under such terms and conditions as mutually agreed upon without loss of the minimum labor standards set by law,[4] without diminishing or impairing the terms or conditions of employment in any applicable company policy or practice, individual contract or collective bargaining agreement,[5] and ensuring fair treatment as that of comparable employees working at the employer’s premises.[6]

In its most recent issuance, the DoLE expansively defined “alternative workplace” as any location where work, through the use of telecommunication and/or technology, is performed at a location away from the principal place of business of the employer, including but not limited to the employee’s residence, co-working spaces or other spaces that allow for mobile working.[7]

Meanwhile, the regular workplace refers to the principal place of business or any branch office or physical premises established or provided by the employer where employees regularly report to or perform work.[8]

Despite this remote setup, work performed in the employee’s alternative workplace will still be considered as work performed in the employer’s regular workplace without considering such telecommuting employees as field personnel except when their actual hours of work cannot be determined with reasonable certainty.[9]

Considering the flexibility of this work-from-home set-up, the employer is still mandated to take appropriate measures in ensuring protection of data used and processed by the telecommuting employee for professional purposes, and in turn, the latter will also ensure that confidential and proprietary information are protected at all times.[10]

As already emphasized and highly encouraged, this work-from-home setup is completely voluntary on both employers and employees.[11]

Given the likelihood that this arrangement may be subject to ill execution, however, the telecommuting program mutually agreed upon must still abide by the minimum labor standards[12] and offer fair treatment to telecommuting employees as much as it does to employees working in their employers’ premises.[13]

As the dawn of the new “normal” arises, it is highly welcome that DoLE has taken upon itself to come up with rules to ensure the proper implementation of this work-from-home arrangement. With this current trend of working remotely, it must be ascertained that employees and their employers, especially, still maintain the same level of professionalism and mutual protection of rights as is done when working “traditionally.”

This article is for informational and educational purposes only. It is not offered as and does not constitute legal advice or legal opinion.

1 “FIRB approves transfer of registered IT-BPM enterprises to BOI, irons out long-standing WFH problem,” Sept. 16, 2022, available at https://firb.gov.ph/firb-approves-transfer-of-registered-it-bpm-enterprises-to-boi-irons-out-long-standing-wfh-problem/, last accessed on  Sept. 19, 2022. 

2 Ibid.

3 Republic Act No. 11165, Section 3. 

4 Republic Act No. 11165, Section 4; and Department Order No. 237, Series of 2022, Section 4. 

5 Department Order No. 237, Series of 2022, Section 4. 

6 Republic Act No. 11165, Section 5; and Department Order No. 237, Series of 2022, Section 8. 

7 Department Order No. 237, Series of 2022, Section 3(a). 

8 Department Order No. 237, Series of 2022, Section 3(c). 

9 Department Order No. 237, Series of 2022, Section 4.

10 Republic Act No. 11165, Section 6. 

11 Republic Act No. 11165, Section 4; and Department Order No. 237, Series of 2022, Section 5. 

12 Department Order No. 237, Series of 2022, Section 4. 

13 Department Order No. 237, Series of 2022, Section 8.

 

Carmella Gaye D. Perez  is an associate of the Cebu Branch of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).

cdperez@accralaw.com