Home Blog Page 5343

Local transmission of more infectious Omicron subvariant confirmed

PEOPLE in face masks attended a mass infant baptism in Mabuting Pastol Parish in Commonwealth village, Quezon City on Oct. 23. — PHILIPPINE STAR/ MICHAEL VARCAS

Philippine health authorities on Tuesday confirmed the local transmission of a more contagious Omicron subvariant that has become dominant in the US.

“There’s local transmission of the Omicron subvariant BA.2.12.1 in specific areas in the country,” Health Undersecretary Maria Rosario S. Vergeire said at a televised news briefing.

She said local governments were now boosting a four-door strategy that involves border controls and basic containment strategies to contain the Omicron subvariant that isabout 20% more infectious than BA.2, the dominant subvariant of Omicron in the Philippines.

The fourth phase of the strategy involves ensuring that the country’s healthcare capacity is ready for a surge in infections.

BA.2.12.1 can evade immune protections and is highly transmissible, according to health experts. The Philippines has detected 17 cases of the subvariant, 16 of which were locally acquired while one was a returning Filipino who lives in central Philippines. — Kyle Aristophere T. Atienza

DoJ drops 29 cases of ‘state-sanctioned’ drug killings

THE DEPARTMENT of Justice (DoJ) has dropped 29 cases from its list of extralegal killings and torture cases for lack of evidence, according to the Justice secretary.

“We created a small working group to move the investigation and prosecution of cases of international humanitarian law violations,” Justice Secretary Menardo I. Guevarra told reporters in a Viber message on Tuesday.

“We delisted from our inventory certain old cases where witnesses could not be found or where complainants had desisted, with exception of enforced disappearance cases which shall continue to be in the active file,” he added.

Mr. Guevarra said 29 of these cases were from the Calabarzon and Eastern Visayas regions.

An inter-agency committee formed 15 teams last year that probed extralegal killings and human rights violations involving the government’s anti-illegal drug operations.

Mr. Guevarra said the agency had streamlined the procedure to classify cases as either ordinary crimes or incidents that the special committee could pursue.

The International Coalition for Human Rightssaid in March it would sanction the architects of President Rodrigo R. Duterte’s war on drugs.

The measure by the group is a follow-up on a report conducted last year by Investigate PH, an independent human rights group that alleged patterns of systemic human rights violations including crimes against humanity by the government.

Filipino lawyers have been calling on the International Criminal Court (ICC) to resume its probe of the government’s anti-illegal drug campaign, saying the Justice department was only looking into 52 deaths out of the tens of thousands killed.

Government prosecutors have filed charges in court against law enforcers in four cases and plan to probe 250 more of what could have been wrongful deaths in Mr. Duterte’s drug war, Mr. Guevarra told the United Nations Human Rights Council in February.

The Philippines would remain “positively engaged” with the international community and all human rights mechanisms on issues concerning rule of law and institutions in the country, he said. “But we will draw the line between parties that engage in good faith, and those that abuse and exploit these mechanisms to make demands of accountability with little or no factual basis.” — John Victor D. Ordoñez

Marcos offers Laguesma, Ople Cabinet posts

FERDINAND R. MARCOS, JR. — PHILIPPINE STAR/KRIZ JOHN ROSALES

THE CAMP of presumptive president Ferdinand “Bongbong” R. Marcos, Jr. on Tuesday confirmed that it has invited former labor secretary Bienvenido E. Laguesma and migrant workers’ rights advocate Susan “Toots” Ople to be part of the incoming administration.

Mr. Laguesma has been offered to head the Labor department, while Ms. Ople for the newly-established agency for migrant workers, Mr. Marcos’ spokesman Victor D. Rodriguez said at a news conference.

“Their reception was very warm. They were honored,” added Mr. Rodriguez, who also heads Mr. Marcos’ transition team.

He said the personalities asked for some time to consult with people they trust to seek advice.

Among the personalities expected to be part of the next Cabinet is former Metropolitan Manila Development Authority chairman Benjamin “Benhur” Abalos, Jr. for the Interior department. Mr. Abalos was the manager of Mr. Marcos’ presidential campaign.

Presumptive vice president Davao City Mayor Sara Duterte-Carpio has also agreed to be education secretary. Kyle Aristophere T. Atienza

Comelec says discrepancies in vote canvassing audit minor

THE COMMISSION on Elections (Comelec) found discrepancies in the manually encoded overseas certificates of canvass, but these were minor and have been corrected, according to an election commissioner.

“We received the report of the tabulation and audit committee that said many discrepancies were found and so adopted the recommendation of the group to correct such discrepancies,” Election Commissioner George Erwin M. Garcia told a news briefing on Tuesday.

He noted that the variance in the vote tallies from the manually prepared certificates of canvass were minor and likely caused by human error, but will still be investigated by the Comelec law department.

The Comelec full court as the National Board of Canvassers on Monday afternoon finished the vote canvassing for all overseas certificates of canvass for senatorial and party-list positions, according to a live-streamed video on the Comelec Facebook Page.

With 172 out of 173 certificates of canvass already counted, Lanao del Sur province in southern Philippines is the only area remaining to be counted in the official tally.

A failure of elections was declared in several barangays of the province last weekdue to violence and irregularities, and preparations are underway for the conduct of special elections in these areas with about 6,291 voters.

Mr. Garcia told a press briefing on Monday that the election body would probably proceed with the proclamation despite the pending special elections in Lanao del Sur since the results were unlikely to affect the overall outcome.

“Technically we already know what the results are, but officially we still need the report from our supervisory group as a basis for a resolution to proclaim the 12 winning senatorial candidates,” he said.

Mr. Garcia said the 12 winning senatorial candidates may be proclaimed by Wednesday afternoon, while some party-list winners may be announced a day later.

Comelec has officially invited the president, vice president, senate president, and chief justice to attend the proclamation ceremony, which will be held at the Philippine International Convention Center, he added.

PRESIDENT, VP COUNT

Meanwhile, the Senate had received 82% or 141 of 173 election certificates and returns for president and vice-president as of Tuesday morning, it said in a statement.

It took delivery of local certificates and returns from Tawi-Tawi, Leyte, Davao City, Zamboanga del Sur, Siquijor, Bohol, Manila, and 63 barangays of the Bangsamoro Autonomous Region in Muslim Mindanao.

Overseas absentee voting certificates from Kuwait, Japan, Oman, and the Commonwealth of Northern Mariana Islands, formerly known as Agana, have also arrived.

The Senate and House of Representatives are expected to convene in a joint session on May 24 to canvass the votes for the 2022 presidential and vice-presidential elections.

Senate President Vicente C. Sotto III has said the country’s two top leaders could be proclaimed by May 27 or 28. John Victor D. Ordoñez and Alyssa Nicole O. Tan

Israel Aerospace to supply electro-optics to Philippine Navy

JERUSALEM — Israel Aerospace Industries (IAI) said on Monday it won a contract to supply the Philippine Navy with its maritime electro-optics systems that will be integrated on Philippine patrol boats.

Financial terms of the deal were not disclosed.

The systems by state-owned IAI are lightweight and compact multi-sensors observation system built for maritime applications. They are designed to operate during both day and night, and meet harsh environmental conditions such as shock, vibration from waves, and extreme temperatures, IAI said.

The payload provides real-time imaging, automatic video tracking, and precise target geo-location capabilities that can be used as a stand-alone observation system on small and medium sized vessels, it added. Reuters

Cebu Pacific apologizes to VP Robredo over baseless claim by pilot

A CEBU Pacific Air pilot who said in a social media post that Vice President Maria Leonor “Leni” G. Robredo asked for priority landing last month has admitted that his claim had no basis, the budget carrier said in a statement on Tuesday.

The pilot’s claim “had no basis,” Samuel Avila, Cebu Pacific’s vice president for flight operations, said. The pilot’s post “was purely speculative and careless on his part.”

“On behalf of Cebu Pacific, and as Head of our Pilot Group, I take command responsibility and apologize unreservedly to the Vice President and the general public for the actions of our pilot,” Mr. Avila said.

The pilot is now under disciplinary review by the company.

“As professional aviators and free citizens of this country, we are free to express opinions, but we are also expected to carry out our roles and duties with utmost discernment and caution,” he said.

Meanwhile, the Civil Aviation Authority of the Philippines (CAAP) said in a statement that it “sees the issue as an internal matter that must be discussed by the airline and concerned pilot.”

“CAAP would like to clarify that Air Traffic data, sourced out from the Air Traffic Service are included in the Authority’s confidentiality clauses as this information has its security implications.”

CAAP noted that it issued a memorandum on presidential movements in 2016, ensuring smooth and safe operations in all CAAP-managed airports.

“As the country’s national aviation authority, responsible for keeping air traffic organized and safe, CAAP will always uphold safety and security over personal and political angles.” Kyle Aristophere T. Atienza

Davao cacao growers get post-harvest, biomass facilities

DA-11/SJABASTILLAS

TWO cooperatives in Davao Region have received cacao post-harvest and biomass production facilities to boost farmers’ income from the high-value crop that is being developed as a major export commodity.

In Davao Occidental, the Southern Davao Multipurpose Cooperative was recently given P3.9-million worth of facilities forcacao drying, storage, and fermentation, according to the Department of Agriculture (DA) regional office.

“DA recognizes the importance of cacao as a driver of rural development because of its potential as a raw material that can increase the country’s export earnings,” DA-Davao Regional Technical Director for Research and Regulations Andres L. Alemania said in a statement.

In Davao City’s Baguio District, the Fardeco Agricultural Multi-purpose Cooperative will be granted equipment and skills training for the production of briquettes from cacao pod husk and other biomass wastes.

Fardeco signed earlier this month an agreement with the DA’s Philippine Center for Postharvest Development and Mechanization (PHilMech) for the project, which will be a pilot initiative for the biomass technology.

PHilMech will provide the cooperative a package of equipment composed of briquetting machine, carbonizer, shredder, hammer mill and mixer to produce briquettes from cacao pod husk.

Fardeco was also a beneficiary of the National Greening Program of the Department of Environment and Natural Resources (DENR), which combined farming and forest tree planting for a sustainable livelihood and conservation program.

The cacao briquettes are eyed as an alternative to wood charcoal, which is still widely used for cooking in rural areas.

The DENR-Davao regional office said the project is also part of the government’s coronavirus pandemic response measures to help farmers have additional income sources and food security.

Davao Region, declared as the Philippines’ cacao capital, produced 2,490 metric tons of cacao dried beans with pulp in the last quarter 2021.

This accounts for or 81% of the country’s total output of 3,080 metric tons, which is 11.4% higher than in the same quarter the previous year. MSJ

The economic status of Philippine regions Robust growth outside NCR

PHOTO CREDIT: ROAD AHEAD-UNSPLASH

(Part 1)

In 2019 before the pandemic, I wrote that the province of Batangas will be the epicenter of the next metropolis that will rival Metro Manila as the economic powerhouse of the Philippines.

I was not surprised when, on April 28, the Philippine Statistics Authority (PSA) issued a press release saying that in 2021— the post-pandemic recovery year — Calabarzon* or Southern Luzon was the fastest growing region at 7.6%, which was far above the national growth of 5.7%.

The National Capital Region (NCR) grew at a lackluster 4.4%, which, incidentally, was already the level of growth it was registering even before the pandemic. I did not buy the explanation given by PSA that the slower growth of the NCR was due to it having the longest lockdowns among the regions. Metro Manila had already been losing its premier position for some time now. There were years immediately before the pan-demic when regions like Davao and even Bicol were growing at 8% while NCR was struggling to grow at 4%. I had already celebrated the fact that Metro Manila was being dethroned by other more dynamic regions. This is something very positive for national economic development. There is increasing decentralization of economic activities away from the center to the periphery.

From April 13 to May 5, I had the good fortune of being able to spend three weeks in the City of Pines attending a long live-in seminar for continuing education in the humanities. I take very seriously the dictum that the acquisition of skills and knowledge is never ending. During these days of study, rest, and recreation, I saw how in Baguio, starting on Holy Week and the weeks following, Filipinos from all over Luzon had taken very seriously the “revenge traveling” that was foretold. The crowds of domestic tourists that filled this “smart city” made it seem that the pandemic never happened. Kudos to the local government officials who knew how to keep a proper balance between health measures and the growth of the economy.

I was not surprised that the Cordillera Administrative Region (CAR) also grew at an above-average 7.5%, outshining Metro Manila. Domestic tourism is in full force. A visit to the Balatoc mine site of Benguet Corp. in Benguet, complete with a briefing from the managers about their performance for 2020 to 2021, also made me realize how and why CAR has grown faster than the national average. Mining, thanks to the more reasonable policies followed by the Duterte Administration after the initial anti-mining measures enforced in the first years of the outgoing Administration, is a booming industry with record prices of gold, copper, and nickel that are prevailing because of the strong world demand for minerals. A recent report in the Financial Times (April 28) described a serious shortage of these minerals in Europe, as the whole region tries to significantly reduce its dependence on fossil fuels. Nickel and copper, among other minerals, are indispensable in the manufacture of batteries, solar panels, and equipment for wind mills — not to mention all the digital devices required for Industrial Revolution 4.0 such as laptops, smart phones, iPads as well as cables for telecom and electric networks.

It is also notable that CAR saw household spending grow at an above-average rate. While Household Final Consumption Expenditures grew at a national average of 4.2%, consumption grew at almost double the rate of 8% in CAR. It is unfortunate, though, that despite talk about Baguio City becoming a smart city — even vying to become an ASEAN Creative Industry hub — its infrastructure still leaves a lot to be desired. You still see a lot of trucks delivering water to the households, despite the presence of Manila Water in the area. Electric “brownouts” are not infrequent. Whoever were the local government officials elected in Baguio and the surrounding localities must assign the highest priority to improve these public services. A fair share of the funds that will result from the Mandanas-Garcia ruling should be budgeted for the improvement of these services. The LGUs, working in tandem with the private business people in Baguio, should also proactively search for foreign direct investors from such countries as Japan, South Korea, Taiwan, and Spain who can invest in these public services that have been liberalized with the amendment of the Public Service Act. In fact, Acciona, a powerful Spanish conglomerate involved in infrastructure ownership and management all over the world, already announced its plan to invest as much as $12 billion in the Philippines for the development of infrastructure, especially water utilities.

Another region that grew much faster than the NCR is Region 3 or Central Luzon which, like Calabarzon, is already replacing Metro Manila as a residential, commercial, and industrial hub. In 2021, the region posted a growth rate of 7.4% compared to the NCR’s 4.4%.

Like Southern Luzon, this is not the first time that Central Luzon has outperformed Metro Manila in regional growth. It had been systematically growing faster than the NCR for at least the last five years before the pandemic, especially in the areas that are referred to as the Pampanga Triangle (Angeles, San Fernando, Clark-Subic). All the major real estate companies with a national reach have major projects in Central Luzon, such as Ayala Land and subsidiaries, Megaworld, Vista Land, Robinson Land, SMDC, Federal Land, etc.

The surrounding provinces of Tarlac, Bataan, and Bulacan are also attracting investments away from Metro Manila, especially as major infrastructure projects like the railway from Clark to Bulacan to Calamba, and finally all the way to Bicol, will be completed in the next few years with the assistance of the Japanese. The International Airport project of San Miguel Corp. in Bulacan will be a major game changer. Another game changer for Central Luzon will be the bridge that will be constructed connecting Cavite to Bataan, passing through the island of Corregidor. This will facilitate travel to Bataan province which has one of the highest Human Development Indices in the country.

It is also notable that there are two regions in Mindanao that grew faster than the national average. These are Region 13, i.e., Caraga**, and the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). This fact demonstrates the enlightened policy under the Duterte Administration in which the bulk of infrastructure projects funded by the Government were focused on the underdeveloped regions of the countryside. The Build, Build, Build program accounted for the very high growth rate of Gross Capital Formation during the 2020-2021 period, the height of the pandemic. This component of the GDP (in addition to household final consumption expenditure, government final expenditure, exports of goods and services and imports of goods and services) grew at an astronomical double-digit rate of 20.3%. The high rates of growth in Caraga and BARMM must have been mostly due to government capital expenditures in infrastructure. This is a trend that must be continued by the next Administration. Government money for public works must be spent on farm-to-market roads, irrigation systems, post-harvest facilities, and others that can improve the lot of the rural folks.

Infrastructure in urban areas like Metro Manila and Metro Cebu must be generally funded by such private corporations as San Miguel Corp., ICTSI, Megawide, First Metro Pacific and other conglomerates that have been very active in building airports, tollways, skyways, subways, etc. The next Administration must make a special effort in attracting Foreign Direct Investments to supplement the long-term capital that these domestic corporations have been investing in the Build, Build, Build program.

In the Visayas, it is also a good sign that there are regions that are growing faster than Central Visayas to which Metro Cebu belongs. Central Visayas grew at the below-average rate of 5.4% compared to Western Visayas that grew at 5.9%, and Eastern Visayas at 6%. This represents a healthy trend that resembles what is happening to the Metro Manila region. There is decreasing concentration in Metro Cebu and more investments in Western Visayas, especially in the Iloilo-Bacolod corridor which will be even more attractive for investors once the bridge connecting Iloilo to Guimaras to Bacolod is completed. This will unite into one megacity these two Ilonggo urban centers. In fact, Iloilo is already considered a more attractive site for new investments in real estate, the hospitality industry, and the BPO-IT sector than traffic-infested Metro Cebu. The higher growth rate in Eastern Visayas bodes well for a more equitable distribution of income because Samar and Leyte have always suffered from having some of the highest poverty incidences in the country. n

(To be continued.)

 

*A portmanteau of the names of the provinces of Cavite, Laguna, Batangas, Rizal, and Quezon.

** The region comprises five provinces: Agusan del Norte, Agusan del Sur, Dinagat Islands, Surigao del Norte, and Surigao del Sur.

 

 

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

Duterte signs youth council dev’t law, 2 other measures

PRESIDENT Rodrigo R. Duterte has signed into law a measure strengthening youth councils in villages by expanding officers’ benefits and requiring certain qualifications for treasurers.

Under Republic Act (RA) No. 11768, members of Sangguniang Kabataan (SK) or youth council, including the treasurer and the secretary, shall receive a monthly honorarium in addition to any other compensation that they are currently getting.

However, the honorarium must not exceed the monthly compensation received by the youth council’s chairperson nor surpass 25% of the council’s fund.

Local government units may also grant additional honorarium as well as social welfare contributions and hazard pay to SK officials and appointed members through local ordinance, according to the law.

The law also mandates every youth council to appoint its secretary and treasurer, which should have an education and career background related to either business administration, accountancy, finance, economics, or bookkeeping.

Council members are tasked to create a three-year comprehensive plan for the youth in their community.

Meanwhile, Mr. Duterte also signed a law promoting the rights of abandoned children with unknown parents and recognizing their status as natural-born citizens.

Under RA 1176, an orphan found in the Philippines or in its embassies, consulates, and territories abroad shall be considered a natural-born Filipino citizen regardless of the status or circumstances of the child’s birth

The President also signed into law a measure extending the validity period of firearm licenses and registration from two years to a maximum of 10 years for people who are under high security risks.

RA No. 11766 provides that all licenses to possess a firearm, regardless of type or classification, should be renewed every five or 10 years unless sooner revoked or suspended by the government.

“Failure to renew a license or registration within the period stated above on two occasions shall cause the perpetual disqualification of the holder of the firearm license.”

The law exempts persons who are considered to be in “imminent danger” by the nature of their profession, occupation, or business from the threat assessment certificate requirement. Kyle Aristophere T. Atienza

The Marcos presidency and the future of Philippine foreign policy

(MAY 10, 2022) Supporters of presidential frontrunner Ferdinand "Bongbong" Marcos Jr. are in a festive mood as they gather in front of the campaign headquarters of Marcos along EDSA in Mandaluyong City on Monday night to celebrate the big lead in the unofficial tally of votes for the 2022 national elections against rival Vice President Leni Robredo. (PHOTO BY MIGUE DE GUZMAN)

fter one of the most consequential national elections in the country’s history, Ferdinand “Bongbong” Marcos, Jr. is set to become the 17th president of the Philippines through a majority vote.

Thirty-six years after being forced into exile in the United States, his family’s return to power holds significant implications for the country’s foreign policy.

The presidency of Bongbong Marcos is expected to face complex and multifaceted challenges brought by heightened geopolitical risks and power shifts in the region.

His call for “unity,” conveyed throughout the campaign period, will also be tested against circumstances on the ground, especially on critical issues such as the territorial and maritime disputes in the West Philippine Sea.

Formulating and implementing a foreign policy includes the participation of domestic and international actors along with their priorities and interests. The interplay between these actors enables the government to create a framework that will systematically guide the state in navigating the international system.

In the Philippine foreign policy landscape, the “independent” foreign policy pursued by the outgoing administration has led to a significant shift in focus and direction.

With a clear departure from the Aquino administration’s balancing strategy, President Rodrigo Duterte shifted his preference towards China in exchange for more trade and investments. His administration’s foreign policy pivot eventually degraded the country’s long-standing security alliance with the United States.

President Duterte’s non-confrontational approach toward China also weakened the country’s position in the West Philippine Sea. Illegal incursions and military construction activities such as those recently seen in Subi Reef were emboldened; these persist under his leadership.

With a few weeks left before the end of President Duterte’s term, the direction that the next administration takes is of serious concern.

Due to Marcos Jr.’s absence in most presidential debates and the lack of clarity in his team’s platform, experts and analysts have very limited statements to assess whether there will be continuity or change in the country’s foreign policy.

In one of his statements, Marcos Jr. said that Philippine foreign policy should not be shaped by the interests of other states. Like the vision of the outgoing administration, he expressed his intent to pursue strategic Philip-pine interests without being caught in the geopolitical competition between the US and China.

On the West Philippine Sea issue, Marcos Jr. said that he has no plans of giving up the country’s territory to any state, including China. He also emphasized his willingness to work and engage with the leadership in Beijing to discuss the West Philippine Sea issue and other common interests.

Despite voicing his concerns over China’s assertiveness in the West Philippine Sea, his neutral take on the 2016 arbitral ruling is an issue that needs to be reexamined.

But in one interview, he claimed that the arbitration, which invalidated Beijing’s nine-dash line in the South China Sea, is no longer available to Filipinos, and the only option is to engage with China bilaterally. This fa-vors China’s narrative.

On the US-Philippines alliance, Marcos Jr. is expected to veer away from the position of President Duterte, who has repeatedly threatened to abrogate the 1998 Visiting Forces Agreement (VFA) and the 2014 Enhanced De-fense Cooperation Agreement (EDCA).

In the lone debate that he attended, Marcos Jr. highlighted the importance of the alliance and what the United States did for the Philippines in the last war. Likewise, US President Joe Biden recently underscored the im-portance of strengthening the US-Philippines alliance and expanding the bilateral cooperation on global issues.

The Marcos administration should assess and consider the current regional landscape to effectively redirect the country’s foreign policy. Maritime security, economic diplomacy, and multilateral cooperation with like-minded states such as Japan, Australia, and the European Union are areas that need to be prioritized.

Filipinos deserve and expects the Marcos presidency to execute not only a strategically responsive foreign policy but also a clear, comprehensive, and consistent national security agenda that will not compromise Philippine interests.

Given the complex and multifaceted issues this presidency inherits, we at the Stratbase Albert del Rosario Institute shall publish a compendium of area-specific policy recommendations entitled Beyond the Crisis: A Strategic Agenda for the Next President, to be launched on May 20. The book offers a well-researched set of policy actions to resolve the most urgent challenges and risks confronting the nation.

The book focuses on the pillars of security, economy, and governance, and exposes their intersectionality to understand how they mutually reinforce one another as analyzed by 16 of the country’s top experts, collaborating with Stratbase to help the next government with policy recommendations that we feel will have the most strategic impact towards sustained economic recovery in the next six years and beyond.

We believe in fostering a collective and participative environment that encourages positive action through a developmental economic strategy and a well-balanced foreign policy agenda that demands respect for our territo-ries and adheres to the rule of law. n

 

VICTOR ANDRES “DINDO” C. MANHIT is the president of the
Stratbase ADR Institute.

Remembering the Right to be Forgotten

FIRMBEE.COM-UNSPLASH

Tech giant and search engine provider Google announced on April 27 that it will allow people to request for the deletion from its search results websites containing their personal contact information such as phone numbers, e-mail addresses, and physical addresses, as well as any information that can be used for identity theft. However, the request will be subjected to evaluation — it shall be denied when the web page containing the information is broadly useful, as in the case of news articles, or when the information is part of the public record on government or official websites. Meanwhile, the removal of the information from the search results does not entail its removal from the web page itself. Still, data subjects or users are not left without further remedy.

The “Right to Be Forgotten” (RTBF) under the General Data Protection Regulation of the European Union (GDPR) provides that data subjects, on specified grounds, shall have the right to demand the erasure of personal data concerning him or her without undue delay.

While the RTBF has been discussed in older court decisions, it is the case of Google Spain v. AEPD (2014) that paved way for the inclusion of the RTBF in GDPR. In this case, the European Union Court of Justice ordered the removal of newspaper articles referring to the complainant’s previous attachment and garnishment case from Google’s search results, when his name is entered. The court reasoned that the rights to privacy and protection of personal data override not only the economic interest of the operator of the search engine but also the interest of the general public in having access to that information upon a search relating to the data subject’s name.

The RTBF finds its Philippine counterpart in the right to erasure or blocking under the Data Privacy Act (DPA). Under the DPA, data subjects are granted the right to suspend, withdraw, or order the blocking, removal, or destruction of his or her personal information from persons or entities who collect, hold, process, or use it.

This right may be exercised on the grounds that the personal data is incomplete, outdated, false, or unlawfully obtained; the personal data is being used for a purpose not authorized by the data subject; the personal data is no longer necessary for the purposes for which they were collected; the data subject withdraws consent or objects to the processing, and there is no other legal ground or overriding legitimate interest for the processing; the personal data concerns private information that is prejudicial to the data subject, unless justified by freedom of speech, of expression, or of the press or otherwise authorized; the processing is unlawful; the personal information controller or personal information processor violated the rights of the data subject.

No distinction or qualification is made as to where the erasure or blocking shall apply or refer to. Thus, unless the government or the National Privacy Commission (NPC) comes out with specific rules, it can be interpreted that this right can be exercised against any persons or entities who hold or process the information, including those who manage websites that contain the disputed information.

To enforce this right, data subjects can first execute a written request with supporting documents to the Data Protection Officer (DPO) of the concerned entity. The letter must state that the request is being made in exercise of the right to erasure. The DPO must act on the written request and in the absence of or the impropriety of the action undertaken, a formal complaint may then be filed before the NPC.

In some cases, the attempt to enforce the RTBF results in unintended and opposite consequences: the information sought to be forgotten becomes immortalized and accessible by the public. This paradox is also called the Streisand Effect. The term originated from a case involving the demand of a famous singer to have the photo of her residence removed from a website. The court proceedings found their way to several news outlets around the country, stirring up the public’s curiosity. This resulted in an increase in website traffic and downloads of the photo.

As a safeguard against this phenomenon, the DPA and its Implementing Rules mandate that members, employees, and consultants of the NPC are required to ensure the confidentiality of any personal data that come to their knowledge and possession. In observance of this policy, the NPC maintains the confidentiality of its proceedings. In issuing its decisions and advisory opinions, the NPC abbreviates or redacts the name of the concerned parties, and omits unnecessary details that could lead to their identification. Thus, with these measures in line, the right to be forgotten will unironically be enforced, if recognized.

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

ANDREW STEPHEN S. LOTA is an associate in the Intellectual Property Department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).

aslota@accralaw.com
8830-8000

Calling a man ‘bald’ isn’t sexual harassment

zoran borojevic-unsplash

Everybody relax. It’s still safe to say “bald” in the workplace. News reports to the contrary notwithstanding, a UK employment tribunal didn’t hold last week that using the word is sexual harassment. What the panel did hold, however, was sufficiently nit-picky that it might scare people away from a perfectly good word. The wordsmith in me is alarmed.

Here’s the case in short: During a nasty argument over repairing machines on the factory floor, one employee called another a “bald c—” … and the supervisor did nothing about it. The employee who suffered the insult was later discharged and filed a formal complaint. Last week, he won.

The three members of the Employment Tribunal ignored the word my editor requires me to express with a dash. Instead they found “a connection between the word ‘bald’ on the one hand and the protected characteristic of sex on the other.” Why? Because men are far more likely than women tend to lose their cranial hair. Thus the insult “created an intimidating etc. [sic] environment” and “was done for that purpose.”

Thus the holding is narrow, applying only in the context of an angry argument where “bald” is (1) directed at a male and (2) with the intention of intimidating. Yet even if there was intimidation, it’s hard to imagine that “bald” — rather than the unprintable word with which it was coupled — was the source. A bit of wordsmithery will help explain why.

Although the use of “bald” as an insult can be traced at least to the Hebrew Bible, where the young men who taunt the prophet Elisha as a “bald-head” wind up being mauled by bears, I’ve found no source that classifies “bald” as derogatory or offensive.

True, the now-obsolete term “bald-headed row” is attested from at least the 1880s, after the supposed tendency of older men to sit in the front row of a burlesque house, so that they might (says the Dictionary of American Slang) “ogle women.” In 1924, the New York Times reported that a German theater owner took advantage of this stereotype by selling seats near the stage to bald men only, but in such a pattern that those seated higher up “could plainly distinguish the outlines of a bird formed by the shiny-pated men sitting contentedly below and wondering what all the laughing was about.”

Mockery of that sort has gone out of style, and even at the time was anything but universal. As the cultural historian Kerry Segrave has noted, during the 19th and early 20th centuries, there were professions — medicine and aca-demia, among others — where being bald was seen as adding value. When magazines of the era published cartoons featuring chess masters or other geniuses, they were almost always men without cranial hair.

On the other hand, for whatever complex set of cultural reasons, men have long been uneasy about hair loss. A thriving market for “cures” has existed at least since the 19th century.1 A treatise published in 1917 warned that unless doctors began paying attention to the public’s worries, the treatment of baldness would soon become “the camping ground for the ignorant and dishonest quack.”

Even today, going bald can be mortifying. Around two-thirds of men with hair loss wish they had more hair. The earlier the age at which hair begins to vanish, the larger the psychological distress — perhaps because baldness is widely taken as evidence of aging. And those figures are from studies of men.

Small wonder that treatment for the condition generates $2.6 billion in annual revenue in the US alone. New technologies are being harnessed, including nanomaterials for use in bioprinting. Expensive? Sure. But one study finds that men suffering pattern baldness would be willing to pay an average of $30,000 for a treatment that will restore their hair.

Moreover, there’s no doubt that negative stereotypes of men with less hair persist.2 The oddity is that those prejudices contribute little if anything to wage discrimination and don’t seem to affect more general behavior toward the bald. Even in politics, where image is deemed so vital, researchers have found little evidence of electoral bias against men who lack cranial hair. Maybe negative stereotypes are balanced by positive ones: For instance, the bald are generally perceived as more intelligent.

Not only is bald not an insult; it may not even be gendered. Based only on their own experience, the members of the tribunal concluded that “baldness is much more prevalent in men than women.” This common assertion has come under increasing challenge. By many estimates, over half of women in the US will experience “noticeable hair loss.” Although women are often better than men at hiding the condition, their distress tends to be even greater.

So, let’s see. “Bald” isn’t an insult; it’s not a characteristic that causes disadvantage in the workplace; and it’s not confined to men. As narrow as the tribunal’s holding was, the opinion still seems to be wrong about just about everything. n

BLOOMBERG OPINION

1 Yes, the concern was gendered even then. Charles Henri Leonard, author of popular works on health, suggested in 1879 that women suffered less from hair loss in part because “they are less subject to business worry, and do not heat their heads up continually with hats devoid of ventilation.”

2 Not always. Men who are perceived to have shaved their heads voluntarily (as opposed to losing their hair) are generally considered more dominant than men with full heads of hair.