THE SENATE minority bloc has called for an assessment of the government’s response to typhoon Odette, internationally known as Rai, to determine policy and funding needs in the continued recovery efforts.
Senate Resolution 976, filed Monday, directs the Senate finance committee to “conduct a thorough evaluation of government response including gaps and structural inefficiencies, and identify the needs for rehabilitation, recovery, and reconstruction, including the corresponding budgetary and policy requirements.”
It was signed by Minority Leader Franklin M. Drilon and Senators Ana Theresia “Risa” N. Hontiveros-Baraquel, Leila M. de Lima, and Francis “Kiko” N. Pangilinan.
“Many families remain without a decent roof over their heads, groping in the dark, with scarce food and clean water. We must not forget that heavy task lies ahead to help Odette victims rise,” said Mr. Pangilinan in a statement on Thursday.
Odette, tagged by the United Nations Office for the Coordination of Humanitarian Affairs as the second deadliest disaster to hit the globe in 2021,
struck central and southern parts of the Philippines last month.
It affected over 2.34 million families and left damage to infrastructure and agriculture worth P17.2 billion and almost P16 billion, respectively.
Under the resolution, the assessment of government response and relief efforts should be done with the goal of protecting the people and improving the existing National Disaster Risk Reduction Framework.
“These (typhoons) have catastrophic economic, environmental, and social impacts. Typhoon Odette and previous natural disasters have revealed the vulnerabilities and problems in the present framework, in government policies, as well as public spending for disaster response. Government must address these to be prepared for future shocks and disasters,” the authors wrote in the resolution.
JAPAN AID Meanwhile, the Japanese government has exchanged notes verbale with representatives of the International Organization for Migration (IOM) for an aid program for Odette survivors, its embassy in Manila announced Thursday.
IOM will receive $4.2 million to fund shelter repair kits and emergency medical equipment, among other aid initiatives.
“This project partnership of the IOM with the Catholic Relief Services and CARE Philippines will indirectly benefit an estimated total of 64,681 individuals,” the Japanese Embassy said in a statement.
The project is part of the $13 million or about P663-million Emergency Grant Aid that Japan committed on Jan. 14 to provide to the Philippines. — Alyssa Nicole O. Tan
THE TRANSPORTATION department’s maritime sector said more measures are being implemented to address the congestion at the Matnog-Allen route, a major passage connecting Luzon in the north to the Visayas in central Philippines.
In a Jan. 19 joint statement, the Philippine Ports Authority (PPA), Maritime Industry Authority (Marina), and the Philippine Coast Guard (PCG) said that with vessels servicing the route resuming full commercial operations on Jan. 18, “additional measures are expected to dramatically lessen the inconvenience” now being experienced by stake holders and port users.”
A transport agency reported on Monday that nearly 800 vehicles and about 5,000 people were stranded along the highway leading to the Matnog Port in Sorsogon due to damaged ramps for roll-on, roll-off and fastcraft vessels.
“The PPA shall work to immediately complete all the necessary repairs on office facilities damaged by typhoon Odette at the Port of Matnog, in order to encourage additional frequency of vessel calls from existing, and other vessel operators looking to service the route,” the maritime agencies said.
They also said that Marina will strictly enforce an on-time turnaround of trips for vessels plying the route for better scheduling and predictability.
For its part, the PCG is expected to take over the management of queueing of vehicles leading towards the Port of Matnog.
Meanwhile, Samar Rep. Edgar Mary S. Sarmiento, House transportation committee chair, said he wrote a letter to President Rodrigo R. Duterte to seek assistance in finding a solution to the recurring problem.
He said that Transportation Secretary Arthur P. Tugade assured him that the government would address the issue of congestion and had put in place measures to stop port corruption.
“The House Committee on Transportation received several complaints regarding the recurring issue of congestion and corruption in the Port of Matnog in Sorsogon,” Mr. Sarmiento said. — Arjay L. Balinbin
MEMBERS of the Makabayan bloc in the House of Representatives filed a resolution to investigate the takeover of Benguet Electric Cooperative (BENECO) through an allegedly “anomalous appointment” of its general manager by the National Electrification Administration (NEA).
House Representatives Carlos Isagani T. Zarate, Ferdinand R. Gaite, and Eufemia C. Cullamat filed House Resolution 2457 on Wednesday directing the committees on energy and cooperatives development to jointly probe the issue.
BENECO’s board of directors elected Melchor S. Licoben as general manager after the April 2020 retirement of the late Gerardo P. Versoza.
However, NEA, which supervises electric cooperatives, also appointed Ana Maria Paz Rafael as BENECO’s general manager for scoring highest in the interview.
Ms. Rafael took over on Oct. 18, escorted by around 50 heavily-armed members of the police, which led to a two-day closure of the BENECO office.
NEA has asserted that its appointment of Ms. Rafael was based on Memorandum 2017-035, which contains revised policies on the selection of electric cooperative general managers.
On the other hand, BENECO legal counsel Delmar O. Cariño said in November that NEA’s intervention violated its own rules of general manager recruitment under NEA Memoranda 2017-035 and 2018-004.
“The act of NEA ignored the power of the BENECO board of directors to choose the GM,” Mr. Cariño said. — Alyssa Nicole O. Tan
THE HEAD of the national penitentiary’s maximum security facility and the commander of guards have been dismissed from their posts, the Bureau of Corrections (BuCor) announced Thursday.
In a statement, the agency said BuCor Director General Gerald Q. Banta has ordered the relief of Arnold J. Guzman as acting superintendent of the New
Bilibid Prison’s maximum security compound and Commander of the Guards Israel Basi.
The two have been temporarily placed under the Directorate for Administration of BuCor while the investigation of the Monday morning escape incident is ongoing.
BuCor appointed Roy Villasi as new superintendent and Reynaldo Tuguinay as guard commander.
Justice Secretary Menardo I. Guevarra said in a Viber message that a full report on the incident has yet to be released.
Four inmates escaped from the national penitentiary Monday morning.
Two of the escapees were killed in firefights with police and BuCor officers.
Still at large are Chris Candas Ablas and Drakilou Yosores Falcon, both convicted of robbery with homicide. — John Victor D. Ordoñez
SECRETARY Bernie F. Cruz of the Department of Agrarian Reform is the latest Cabinet official to test positive for coronavirus amid a fresh surge that is largely within the capital region and surrounding areas.
“I am very thankful that I remain asymptomatic. I am in quarantine now and following the established health protocols to protect everyone,” Mr. Cruz said in a media release Thursday.
In a memorandum released by the department, Mr. Cruz said his test came back positive on Monday before attending a scheduled land distribution ceremony in Victoria, Oriental Mindoro.
He said persons he was in contact with prior to and on the day of his RT-PCR test are “all well and all [tested] negative of the virus.”
He said he will continue working remotely. — Luisa Maria Jacinta C. Jocson
INDIVIDUALS at Ilaya, Divisoria show their vaccination cards following a surprise inspection by Manila’s Task Force Malasakit on Jan. 12. The inspection was made following the approval of a new city ordinance prohibiting unvaccinated individuals from going outside of their homes. — PHILIPPINE STAR/ MICHAEL VARCAS
With the new wave of the Omicron COVID-19 variant and the subsequent upgrades in alert levels and their impact on mobility and business activities, many think tanks and research groups are going back to the drawing board to recast their growth forecasts for the Philippines this year and the next.
On the global scale, it was the International Monetary Fund (IMF) which initiated a possible reduction in their output forecasts as early as Dec. 3 last year. The Fund Managing Director Kristalina Georgieva was disturbed because Omicron may spread very rapidly, dent confidence, increase uncertainty, and prolong the timeline for overcoming the pandemic.
Three weeks later, The Wall Street Journal reported a number of economists cutting their growth forecasts for the US in 2022, citing cancellations of thousands of flights over the Christmas holiday, sporting events, and Broadway shows. Demand was expected to be crimped mostly by spending on services. While the US restrained itself from imposing strict lockdowns, there were reports that people were voluntarily practicing social distancing, obviously hesitant to eat out and stay in various types of accommodations. Growth and employment are bound to suffer. Goldman Sachs had already reduced its US growth forecast from 4.2% to 3.8% for the year.
Rethinking the growth prospects is not limited to the US. International financial institutions, central banks, and other research institutions in Europe and elsewhere have expressed concern about the rolling disruptions in supply chains in the spring. The less fatal Omicron is capable of triggering a widespread wave of sick-outs and involuntary quarantines. If we think this new variant is less debilitating, we may have to reconsider.
In contrast, at the time the Fund was sounding the alarm in the early part of December, some local economists remained bullish even as they premised their prognosis on the outcome of the new variant. In fact, the Government itself was unusually optimistic that, with only 15 days left of 2021, it decided to even upgrade its growth forecast for 2021 from 4-5% to 5-5% and keep the lofty goals of 7-9% and 6-7% for 2022 and 2023, respectively.
Apart from Omicron’s growth-negative effects on mobility and business activities, economic growth could retreat due to two additional causes. Monetary policy might have to be tightened, and fiscal policy might be constrained by large debt exposure of the Philippine government.
Last week we wrote about another ball in the air of radical uncertainty: the US Federal Reserve decision on the stance of US monetary policy. It has already hinted a possible three one-quarter adjustments for 2022. Should capital flows react against emerging markets including the Philippines, the Bangko Sentral ng Pilipinas (BSP) might be forced to jack up its policy rate to stem the tide which could drain some foreign exchange and lead to peso depreciation. The BSP must have assumed more optimistic currency trends for 2022 and 2023 because the peso was strong for the most part of 2020 and 2021. While good for exports, peso depreciation could also push inflation higher.
There are other potential events that could force the BSP’s hand to tighten. The other day in another broadsheet, there were two news reports on the same page showing the BSP’s assurance that inflation will exceed the 2-4% target only if oil prices surpass $95 per barrel. The other report, by AFP from Hong Kong, quoted Brent crude oil hitting a more than seven-year high due to expected growth recovery. Brent North Sea crude rose to $87.78 per barrel while West Texas International hit $85.43 per barrel. These are uncomfortably close to the BSP’s assumption at which inflation could exceed the targets.
Yet the BSP’s forecasts are first approximation. As it explained, the “scenario analysis considers only the direct effects and does not incorporate any potential second round effects on transport fares, food prices, and wage increases, among others.”
Some supply shocks may also be forthcoming, including higher shipping costs of imports and what many sectors believe to be a fish shortage because of foreign pouching in the West Philippine Sea. Unless oil prices calm down and transport logistics are brought back to normal, import costs will be elevated and inflation can only rise as a result. Unless imports of so-called pelagic fish such as galunggong and mackerel are delivered within the first quarter of 2022, the shortage may persist and again, inflation can be entrenched.
We do not buy the idea that responding to capital outflows and emerging inflation may have to be done at the expense of abandoning support to the real economy. Monetary policy has done its part in supporting the real economy and if the BSP would like to maintain the sustainability of growth, it would have to help the cause of price and financial stability which is the BSP’s primary mandates. There is sufficient monetary space to do it.
The other potential impediment to the growth momentum is a fiscal policy that is constrained by the Government’s already large exposure to both the domestic and external capital markets. As of end-September 2021, outstanding debt of the National Government stood at nearly P12 trillion or more than 63% of gross domestic product. Fiscal deficit to GDP ratio is already overstretched at more than 8% of GDP. It is good the country’s debt spreads continue to be relatively tight but with a 2022 fiscal scenario of more borrowings, more and more credit ratings should be expected to start asking questions.
Raising new taxes to finance additional pandemic response and infrastructure, while necessary, may have to yield to better timing. Instances of corruption, especially during the pandemic, should also be dealt with because they cause distrust of public institutions and ineffective handling of the health crisis.
With smaller elbow room for additional borrowing, and limited ability to raise new taxes to fund health and economic recovery, we may really have to review where we stand.
Foreign investment is hardly an option. The Board of Investments (BoI) recently announced its approval of around P655 billion in pledges in 2021 which was nearly 35% lower than the 2020 level. Only these lower pledges are expected to be realized this year and in subsequent years. This level is also below BoI’s target.
With monetary policy having to pay attention to price and financial stability objectives this year, it would likely continue to provide assistance to the National Government but at less sizeable amount. After all, whatever is extended to the National Government will have to be mopped up by the BSP itself at some cost. Yet BSP lending to the Government is interest-free.
Under Duterte’s watch, the people of the Philippines should be concerned about that headline of one broadsheet the other day: “Government turns to artworks, ‘hot’ cars for extra revenues.”
Diwa C. Guinigundo is the former deputy governor for the Monetary and Economics Sector, the Bangko Sentral ng Pilipinas (BSP). He served the BSP for 41 years. In 2001-2003, he was alternate executive director at the International Monetary Fund in Washington, DC. He is the senior pastor of the Fullness of Christ International Ministries in Mandaluyong.
BARANGAY WATCHMEN in Pasay City man an outpost at Brgy. 61 after 23 individuals in the area were reported as positive COVID-19 cases. — PHILIPPINE STAR/ MICHAEL VARCAS
The record-breaking surge in the number of daily COVID-19 cases and its devastating impact on business operations and workers’ livelihoods are among the more visible consequences of the government’s pre-holiday rush to seeming normalcy as the year 2021 was ending.
The rush began in late October as the number of daily cases declined. It was apparently meant to convince the populace that the government had contained the pandemic that had confined many to virtual house arrest, and that everyone could then head for the exits.
The Duterte regime could have welcomed the decline with cautious optimism and with a reminder to the citizenry that the pandemic is still a threat, and everyone should continue to observe established health protocols. Instead, it relaxed domestic and foreign travel restrictions, allowed cinemas to operate, and opened resorts and tourist destinations to the public. Almost daily did its spokespersons issue glowing statements about the country’s celebrating “a better 2021 Christmas” which much of the populace interpreted as indications that things were nearly back to normal.
The reservations of the medical community were, as usual, ignored. Public transport vehicles — jeepneys and buses as well the MRT and LRT lines in the National Capital Region (NCR) — were ferrying passengers at almost full capacity in late October and in November, while shoppers thronged the malls and markets, in many instances without social distancing. Christmas and New Year’s eves contributed to the surge in cases as celebrators partied and made merry, assured as they had been that the Philippines was at low risk of further infections.
But scientists in Africa had discovered the Omicron variant of COVID-19 in travelers from Europe in early November. Following the lead of other jurisdictions, the Philippine government banned visitors and travelers from countries where Omicron cases had been reported, but exempted Filipino nationals. A few cases of Omicron in returning overseas Filipino workers (OFWs) were eventually found in the Philippines, with the numbers spiking as the year was ending. By the second week of the new year, the Omicron variant had become the dominant COVID strain in the country.
From its late 2021 policy of relaxing practically all restrictions, in reaction to the new year surge the Duterte regime has gone to the other extreme of imposing more restrictions on public mobility. But the policies are replete with exemptions and contradictions, and particularly disadvantageous to the poorer sectors of the population.
The “no vaccination, no ride” policy would make sense only if most of the populace were fully vaccinated. But only some 54% of the targeted 70 million have been. The policy has led to a rush to vaccination centers by the unvaccinated, but the first shot will not protect one and one’s fellow passengers in a bus or jeepney from infection.
Because it won’t — most of the vaccines require two shots, and need some time to take effect — the impact of the policy on public safety is thus limited only to those who have been fully vaccinated, and whose shots have had the time to develop the antibodies that would protect them.
The same policy assumes that the unvaccinated are against vaccinations. Some indeed are; but most are not. A number of other reasons make getting vaccinated problematic even if one wants to for such sectors as workers who are paid on a daily basis. For them, losing a day’s wages — there are long lines in most of the vaccination centers, where one has to wait for hours — can mean their family’s missing a meal. In belated awareness of that fact, the government now says workers are exempted from the “no vaccination, no ride” policy. Since most of those who take public transport are workers, the policy makes even less sense.
At the same time that it is supposedly being enforced, the checkpoints that have once again sprouted on major thoroughfares are stopping motorcycles, buses, and jeepneys in implementation of its sister policy of keeping the unvaccinated at home and arresting those who defy that rule. But they were not checking privately-owned and -driven vehicles, whose occupants, whether vaccinated or not, could come and go as they please.
The policy swing to what amounts to a lockdown by another name is contradicted by the Inter-Agency Task Force’s (IATF) approval, despite the protest of health and medical professionals, of shorter isolation and quarantine periods for asymptomatic and fully vaccinated persons.
Part of the reason for the policy seems to be the shortfall in nurses and other hospital personnel, many of whom have tested positive for COVID-19 as the surge in cases threatens to overwhelm the health system. The shortage is a problem of long-standing primarily because of the pittance in wages and benefits such personnel receive, to augment which they are still fighting for, two years into the pandemic.
In further contradiction of the swing to a veritable lockdown, the Department of Health (DoH) has proposed a stop to the testing and tracing of the close contacts of those found to be COVID positive as long as they are asymptomatic. Healthcare workers, senior citizens, and persons with other health problems would instead be prioritized for testing.
The argument is that because “many, many” Filipinos have been vaccinated, the chances of recovery of the COVID-positives’ contacts are supposedly higher and their hospitalization less likely. But the policy is in effect a gamble that most or all of those so exposed to the disease are fully vaccinated. Omicron is also a new coronavirus variant about which not enough information is currently available. Whether this policy makes sense will be determined only by future data on the extent to which it helped reduce the number of cases. The DoH proposal incidentally contradicts Mr. Duterte’s order to improve the healthcare system’s testing capacity.
In the midst of the confusion, distress, and anguish the government response to the COVID-19 surge has generated came an attempt to hype up the Omicron threat as a blessing rather than a curse.
A priest/molecular biologist with a number of involvements in government agencies and activities described the variant as “a blessing” because those infected with it would supposedly develop antibodies that would protect them from other coronavirus variants.
Octa Research fellow Nicanor Austriaco’s optimism was widely reported, but was repudiated by analysts, epidemiologists, and medical doctors for glossing over the crisis in the medical workforce and the resulting strain on the hospital system. It did seem to be based more on politics — was he throwing the rabble a bone so they’ll continue to support the administration? —rather than on science. But in their desire for some good news to hold on to, any number of Filipinos could have taken Fr. Austriaco’s claims for Bible truth.
Accurate, relevant, and verifiable information rather than lockdowns by some other name and other restrictions is in fact what is most needed for the country to survive its present predicament. Without it, no exit is possible from the hole the citizenry is in, and from further restrictions, immobility, discrimination, and mass confusion.
Well thought-out, pro-active policies based on informed and rigorous analysis could have helped the country navigate the treacherous waters of the pandemic from its very onset in 2020. The need for them was especially evident during the last quarter of 2021, as well as at the present time. But they are precisely what were and are still missing in the far from strategic and purely reactive government response to the pandemic.
The sunsets of our country are among the most spectacular in the world. The spellbinding and marvelous colors splashed against the sky are unique and difficult to capture on canvas.
One can compare the contrast of sunsets when viewed from a mountain peak amidst the clouds and the pine trees or on a windswept cliff above the merging, clashing waters of the azure West Philippine Sea and the ultramarine Pacific Ocean.
The sun’s farewell is awesome and inspiring.
The shades of the sunset became more stunning and startling after the eruption of the long dormant volcano, Pinatubo. After six centuries, it roared into an explosion of fiery fury. It was the giant whose rage knew no bounds, spewing tons of fine mineral dust, tiny silica sand particles into the atmosphere. The spectacle was an apocalyptic preview beyond our imagination. The towering black clouds stained the sky for thousands of miles as winds carried its dust to distant Pacific islands.
Since that eruption, our sunsets have become more intense, more magnificent. On a color spectrum, the luminous light of Provence and the golden colors of Hawaii’s sunsets are so lovely, but they are pale in comparison to our own.
The wondrous spectacle of light has a dark side, a shadow.
Pollution.
This environmental issue needs urgent attention from the National Government and the private sector.
Smog stings the eyes, causing chronic soreness.
The foul atmosphere threatens not only our natural resources but also public health. It triggers pulmonary ailments, asthma, and allergies particularly among the children and the elderly. The toxic factory fumes and garbage bonfires aggravate respiratory ailments and infections.
Smoke-belching public utility vehicles choke people who are exposed to hazardous fumes that poison the air and the clouds. The particles that linger in the atmosphere become a hazy blanket trapped in humidity.
Many decades ago, rainwater was pure and sweet to drink and bathe in. It did not require complicated filtration, ionization, or distillation. Streams, rivers, lakes, and deep wells had clean water for the fish to thrive in and for irrigation. The vast fields, hills and gardens had a verdant sheen.
Now all we get is acid rain that stains, corrodes and contaminates.
Manila Bay’s famous sunset is the ultimate postcard-perfect spectacle. The seascape is a palette of burnished gold, copper, and tangerine on a cobalt blue sea and indigo violet sky, streaked with vermilion and magenta. The color combinations vary with the many moods of nature.
Gazing at the natural wonders of creation, one wonders why such perfection is being destroyed by man’s callousness to nature. The cavalier attitude is “who cares!” The careless, destructive habits are destroying the rich environmental resources.
Floating debris and waste make the Pasig River so filthy and smelly. It pours out into the bay. The fish resemble distorted gargoyles and shellfish have become toxic. The toxic red tide used to come every summer. Now it seems the scourge is all year round. It is a symptom of our dying ecosystem and the ailing seas. It is nature’s karmic revenge for the abuse of the sea and the environment.
How can we resolve the problem? Through political will and discipline.
The government should intensify the campaign to protect and save the environment through education on all levels, a massive media campaign (next to the overwhelming health crisis management).
Public buses, jeepneys, and tricycles that emit fumes should be grounded. Permits and licenses should be revoked. Their owners and drivers should be fined heavily. Government should enforce laws that protect the environment and penalize the culprits who pollute the air and savage the marine life. Many cops turn a blind eye despite the trail of smoke coming from offensive vehicles.
Factories that spew noxious fumes into the air and disgorge solid and liquid waste into our rivers and lakes should be closed for rehabilitation. These are major crimes against nature.
Informal dwellers who live along the canals and rivers should be relocated and given adequate housing with sanitary facilities.
Fishermen who use dynamite and cyanide should be caught and jailed. Does the Coast Guard catch the offenders?
Passenger ships and inter-island ferries should be inspected (by the port authorities) before the vessels leave port. When these ships arrive at their destination, the authorities should inspect the garbage bins to verify proper garbage disposal procedures. An empty bin means that the garbage was surreptitiously tossed into the sea at night.
Over the past several years, we have written about this problem. There have been suggestions to impose a hauling fee on all sea vessels to cover the expense of garbage disposal whether the bin is full or empty. The official fees with receipts would discourage the ship captains from throwing garbage overboard. Shipping companies have a responsibility to keep our seas clean and safe. The severe penalties would make owners comply.
As good citizens, we can do our share by teaching our families, the staff and community the value of discipline and respect.
We should go green. We should use unleaded gas and conserve fuel. We should recycle, repurpose, reuse, reduce.
Ecotourism is one of our best assets. We should save the powder white beaches, the coral reefs, the emerald isles and turquoise blue waters where the dolphins and whales swim, and the fabled rice terraces.
As we begin the New Year, let us resolve to love and protect Mother Earth. It is our only chance to survive.
Maria Victoria Rufino is an artist, writer and businesswoman. She is president and executive producer of Maverick Productions.
BIKERS line up at a COVID-19 booster shot drive-through at the Kartilya ng Katipunan in Lawton, Manila. — PHILIPPINE STAR/ MICHAEL VARCAS
Last week the US Supreme Court came out with a decision of huge importance to the rule of law and civil liberties. In National Federation of Independent Business vs. Department of Labor, the Supreme Court reiterated the principle proclaimed in 2020’s Agudath Israel v. Cuomo and Roman Catholic Diocese of Brooklyn v. Cuomo that “even in a pandemic, the Constitution cannot be put away and forgotten.”
The present case arose from the US Secretary of Labor’s actions “through the Occupational Safety and Health Administration” (or OSHA), by which mandatory vaccination was imposed for much of the US workforce. “The mandate, which employers must enforce, applies to roughly 84 million workers, covering virtually all employers with at least 100 employees. It requires that covered workers receive a COVID-19 vaccine, and it pre-empts contrary state laws.”
The US Supreme Court eventually ruled that the petitioners (i.e., those against mandatory vaccination) “are likely to succeed on the merits of their claim that the Secretary lacked authority to impose the mandate.”
This was incredibly significant as the US Supreme Court essentially signaled to the lower courts that the arguments against mandatory vaccination are “likely to prevail,” hence preventing the vaccine mandate from taking effect. It represents also the first time since 1970 that the US Supreme Court heard a case for a “stay” petition. Thus:
“OSHA … is stayed pending disposition of the applicants’ petitions for review in the United States Court of Appeals for the Sixth Circuit and disposition of the applicants’ petitions for writs of certiorari, if such writs are timely sought. Should the petitions for writs of certiorari be denied, this order shall terminate automatically. In the event the petitions for writs of certiorari are granted, the order shall terminate upon the sending down of the judgment of this Court.”
Granted, federal government healthcare employees working at institutions accepting Medicaid and Medicare funding are still covered by the Biden administration’s mandatory vaccination requirements. Nevertheless, private employers, representing “roughly 84 million workers” nationwide, won’t be.
In an attempt to downplay the importance of this case within the Philippine context and its nightmarish COVID-19 policy, some legal commentators pointed out that the US Supreme Court’s ruling had nothing to do with the power of government to impose mandatory vaccination, but rather with the ongoing tussle between Federal and State authority. That’s not an entirely accurate representation and the case remains an utterly helpful guide to our jurisdiction.
Justice Neil Gorsuch, in his concurring opinion, gave out the reasons for the overturning of the vaccine mandate: “The question before us is not how to respond to the pandemic, but who holds the power to do so. The answer is clear: Under the law as it stands today, that power rests with the States and Congress.”
The ruling itself expounds on that reasoning: the US Congress “has never before adopted a broad public health regulation of this kind — addressing a threat that is untethered, in any causal sense, from the workplace.
“It is not our [the US Supreme Court’s] role to weigh such tradeoffs. In our system of government, that is the responsibility of those chosen by the people through democratic processes. Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.”
Accordingly, any interference with civil liberties in response to public health issues must come from the elected legislative branch of government: Congress. The Executive Branch, of which the IATF (Inter-Agency Task Force for the Management of Emerging Infectious Diseases) is under, and local government units, whose power is derived essentially from Congress’ Local Government Code, simply cannot demand mandatory vaccination. It goes against the Bill of Rights and the tripartite, equal branches of government principles of our Constitution.
Another important point which Philippine lawyers should take note of, is that the judiciary “is not a public health authority. But it is charged with resolving disputes about which authorities possess the power to make the laws that govern us under the Constitution and the laws of the land.”
In this regard, Justice Gorsuch relies on the “major questions doctrine,” which “ensures that the national government’s power to make the laws that govern us remains where Article I of the Constitution [which is Article VI in the Philippine Constitution] says it belongs — with the people’s elected representatives. If administrative agencies seek to regulate the daily lives and liberties of millions of Americans, the doctrine says, they must at least be able to trace that power to a clear grant of authority from Congress. In this respect, the major questions doctrine is closely related to what is sometimes called the nondelegation doctrine.”
Hopefully, more Filipinos can be encouraged to stand up for their rights against the present unconstitutional measures of the IATF and many local government units
Jemy Gatdula is a senior fellow of the Philippine Council for Foreign Relations and a Philippine Judicial Academy law lecturer for constitutional philosophy and jurisprudence
WASHINGTON/KYIV — US President Joseph R. Biden predicted on Wednesday that Russia will make a move on Ukraine, saying Russia would pay dearly for a full-scale invasion but suggesting there could be a lower cost for a “minor incursion.”
Mr. Biden’s comments at a White House news conference injected uncertainty into how the West would respond should Russian President Vladimir Putin order an invasion of Ukraine, prompting the White House later to seek to clarify what Mr. Biden meant.
“My guess is he will move in,” Mr. Biden said of Mr. Putin at a news conference. “He has to do something.”
“Russia will be held accountable if it invades — and it depends on what it does. It’s one thing if it’s a minor incursion and we end up having to fight about what to do and what to not do, et cetera,” Mr. Biden said. “But if they actually do what they’re capable of doing … it is going to be a disaster for Russia if they further invade Ukraine.”
Russian officials have repeatedly denied planning to invade, but the Kremlin has massed some 100,000 troops near Ukraine’s borders, a buildup the West says is preparation for a war to prevent Ukraine from ever joining the NATO Western security alliance.
Shortly after the nearly two-hour news conference ended, the White House stressed any Russian military move into Ukraine would elicit a tough response.
“If any Russian military forces move across the Ukrainian border, that’s a renewed invasion, and it will be met with a swift, severe, and united response from the United States and our allies,” said White House press secretary Jen Psaki.
But cyberattacks and paramilitary tactics by Russia “will be met with “a decisive, reciprocal, and united response,” she said.
Mr. Biden said a third summit with Mr. Putin “is still a possibility” after the two leaders met twice last year. He said he was concerned that a Ukraine conflict could have broader implications and “could get out of hand.”
Speaking to reporters at length about the crisis threatening to engulf his presidency, Mr. Biden said he believed Mr. Putin would test Western leaders. The response to any Russian invasion, he said, would depend on the scale of Moscow’s actions and whether US allies squabbled over how to react.
Mr. Biden and his team have prepared a broad set of sanctions and other economic penalties to impose on Russia in the event of an invasion and the US president said Russian companies could lose the ability to use the US dollar.
Pressed on what he meant by a “minor incursion,” Mr. Biden said NATO allies are not united on how to respond depending on what exactly Mr. Putin does, saying “there are differences” among them and that he was trying to make sure that “everybody’s on the same page.”
“Big nations can’t bluff, number one. Number two, the idea that we would do anything to split NATO … would be a big mistake. So the question is, if it’s something significantly short of a significant invasion or … just major military forces coming across. For example, it’s one thing to determine if they continue to use cyber efforts; well, we can respond the same way,” Mr. Biden said.
Mr. Biden said Mr. Putin had asked him for guarantees on two issues: that Ukraine would never join NATO and that “strategic” or nuclear weapons never be stationed on Ukrainian soil.
US officials see limiting NATO expansion as a non-starter, but Mr. Biden noted there was little chance of Ukraine joining the alliance soon and he suggested there could be a deal under which the West might not station nuclear forces in Ukraine.
“We can work out something on the second piece,” depending on Russia’s own posture, Mr. Biden said.
Visiting Kyiv in a show of support, US Secretary of State Antony Blinken said Russia could launch a new attack on Ukraine at “very short notice” but Washington would pursue diplomacy as long as it could, even though it was unsure what Moscow really wanted.
The Kremlin said tension around Ukraine was increasing and it still awaited a written US response to its sweeping demands for security guarantees from the West, including a halt to further NATO expansion and a withdrawal of alliance forces from central and eastern European nations that joined it after 1997. — Reuters
PEOPLE who had previously been infected with COVID-19 were better protected against the Delta variant than those who were vaccinated alone, suggesting that natural immunity was a more potent shield than vaccines against that variant, California and New York health officials reported on Wednesday.
Protection against Delta was highest, however, among people who were both vaccinated and had survived a previous COVID infection, and lowest among those who had never been infected or vaccinated, the study found.
Nevertheless, vaccination remains the safest strategy against COVID-19, according to the report published in U.S. Centers for Disease Control and Prevention (CDC) Morbidity and Mortality Weekly Report.
The results do not apply to the Omicron variant of the virus, which now accounts for 99.5% of COVID-19 cases in the United States.
“The evidence in this report does not change our vaccination recommendations,” Dr. Ben Silk of the CDC and one of the study’s authors told a media briefing.
“We know that vaccination is still the safest way to protect yourself against COVID-19,” he said.
For the study, health officials in California and New York gathered data from May through November, which included the period when the Delta variant was dominant.
It showed that people who survived a previous infection had lower rates of COVID-19 than people who were vaccinated alone.
That represented a change from the period when the Alpha variant was dominant, Silk told the briefing.
“Before the Delta variant, COVID-19 vaccination resulted in better protection against a subsequent infection than surviving a previous infection,” he said.
In the summer and fall of 2021, however, when Delta became the predominant circulating iteration of the virus in the United States, “surviving a previous infection now provided greater protection against the subsequent infection than vaccination,” he said.
But acquiring immunity through natural infection carries significant risks. According to the study, by November 30, 2021, roughly 130,781 residents of California and New York had died from COVID-19.
The analysis did not include information on the severity of initial infection, nor does it account for the full range of illness caused by prior infection.
One important limitation to the study was that it ended before administration of vaccine booster doses was widespread.
Dr. Erica Pan, state epidemiologist for the California Department of Public Health, said in an email that the study “clearly shows” that vaccines provide the safest protection against COVID-19 and they offer added protection for those with prior infections.
“Outside of this study, recent data on the highly contagious Omicron variant shows that getting a booster provides significant additional protection against infection, hospitalization and death,” Pan said.
Silk said the CDC is studying the impact of vaccination, boosters and prior infection during the Omicron surge and expects to issue further reports when that data becomes available. — Reuters
DEMAR DeRozan scored 30 points and Nikola Vučević contributed 24 points and 12 rebounds as the host Chicago Bulls stopped a four-game losing streak by cooling off the Cleveland Cavaliers with a 117-104 victory on Wednesday.
Ayo Dosunmu had 18 points and eight assists and Coby White chipped in 16 points as the Bulls snapped the Cavaliers’ five-game winning streak.
Chicago withstood a sparkling effort from Cleveland’s Lauri Markkanen, a former Bull, who scored a season-high 28 points on 9-of-14 shooting.
After trailing by 11 points in the fourth quarter, the Cavaliers whittled the deficit to 103-102 with 4:18 to go. However, the Bulls surged ahead once more, responding with a 14-2 run to close the game.
Darius Garland notched 20 points and 12 assists for Cleveland, while Evan Mobley (18 points) and Kevin Love (13) followed in double figures. Jarrett Allen snagged 10 boards for the Cavaliers.
Alex Caruso returned to the Chicago lineup for the first time since Dec. 20. He was set to come back earlier this month upon recovering from a left foot sprain but tested positive for coronavirus disease 2019 (COVID-19) shortly thereafter.
Caruso, who was playing under a team-imposed minutes restriction, scored nine points in 22:55. With Cleveland keeping things close late in the third quarter, Caruso drained a 3-pointer at the 3:01 mark and added a layup 29 seconds later to help the Bulls open an 11-point edge.
The Bulls led 58-49 at half time, overcoming 2-for-9 struggles from 3-point range to shoot 55.8% from the field overall.
After Markkanen hit a trey to put the Cavaliers on top 49-48 with 3:33 to go in the second quarter, Chicago closed the half on a 10-0 run. DeRozan led all scorers with 18 at the break. He finished the night with seven assists.
Bulls starters Zach LaVine and Lonzo Ball remain out, both with left knee injuries.
Chicago evened the season series after losing by 23 points in Cleveland on Dec. 8. The teams are set to meet twice in March to close the regular-season series. — Reuters
