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Cabinet tackles DENR, DoST priorities 

PHILIPPINE STAR/KRIZ JOHN ROSALES

PRIORITY programs of the Environment and Science and Technology departments were discussed during a Cabinet meeting on Tuesday, according to the presidential palace.    

Among the priorities of the Department of Science and Technology (DoST) is the creation of technology-based enterprises “for regional development,” Press Secretary Trixie Cruz-Angeles told a televised news briefing. 

Plans on food security and resilience, health security, water security and environmental protection were also tackled by DoST officials at the meeting, she added. 

Ms. Angeles said the Environment department discussed plans to enhance the natural capital accounting system, “including the valuation of ecosystem services.”  

It also talked about budget realignment and collaboration with other agencies, local governments, the private sector, academe and other stakeholders. — Kyle Aristophere T. Atienza 

Procurement agency promises reforms amid call for abolition

BW FILE PHOTO

THE Procurement Service of the Department of Budget and Management (DBM) said it will overhaul its processes amid calls to abolish the office following the alleged overpricing of laptop computers acquired for the Department of Education (DepEd).

“Procurement transformation… need not be too technical and convoluted. We will go back to the basics and execute them well to strengthen our foundation, and implement the doable,” Procurement Service Executive Director Dennis S. Santiago said in a statement on Tuesday.

Mr. Santiago said the reforms being contemplated include a focus on common-use supplies and equipment, rather than materials needed specifically by individual agencies; more realistic price canvassing; and improved supply chain management.

He also proposed greater use of electronic procurement platforms, capacity building, compliance with “green” principles in public procurement, and supplier partnerships.

“I fully understand the sentiment of some groups and even by our own esteemed and honorable legislators. We know where they are coming from as we share their clamor for zero tolerance against irregularities in government,” Mr. Santiago said.

“But, with all due respect, I think we need to strike a careful balance. I believe the calls must be tempered with the understanding that (the Procurement Service), along with its many dedicated and well-meaning employees, has ably served government for many decades,” he added.

The Procurement Service, whose primary task is to centralize procurement of common office supplies and equipment for government agencies, was flaged by the Commission on Audit (CoA) found irregularities in the purchase of laptops for public school teachers and medical supplies for the pandemic response.

The CoA report questioned the agency’s purchase of P2.4 billion worth of outdated laptops for the DepEd. Another audit report flagged P1.39 billion worth of personal protective equipment procured by the service for the Department of Health.

On Aug. 16, the Procurement Service suspended the procurement of non-common use supplies and equipment (NCSE) until further notice, and is currently focusing on common-use supplies and equipment (CSE).

“During the suspension, the Procurement Service shall not accept new requests for non-CSE procurement until further notice,” Mr. Santiago said.

Mr. Santiago said he plans to return to the Treasury over P3 billion worth of high-yield investments held with government banks, which was flagged by CoA as unauthorized.

“The amount of P3 billion is intact, and I am for the return of the money to the national treasury soon as we have properly clarified the nature of the funds with CoA,” he said.

In a management letter, CoA ordered the agency to “immediately remit the balance of the savings” to the Treasury.

CoA said the agency’s failure to return the money to the general fund of the Bureau of Treasury is in violation of Executive Order No. 431.

Mr. Santiago also said he supports Budget Secretary Amenah F. Pangandaman’s earlier call to give the Procurement Service a chance, adding that officials should allow the new administration to reform the agency.  

“We already have programs on how to fix (the Procurement Service) if you (would only) give us a chance,” Ms. Pangandaman said during the Development Budget Coordination Committee’s briefing for the House Committee on Appropriations on Friday. — Keisha B. Ta-asan

Kennon Road rehab deal seen signed next year; future toll road to be operated by private partner

THE Department of Public Works and Highways (DPWH) said it expects to sign a contract with a private partner for the P11.5-billion Kennon Road rehabilitation project in April, which will result in its modernization and reconfigure it as a commercially operated toll road.

The feasibility study was still being finalized as of July, the DPWH said on its website.

A tender for the public-private partnership (PPP) project was expected to take place between July this year and March 2023.

Kennon Road links the Luzon lowlands to Benguet Province.

“The project involves the rehabilitation, reconstruction, and improvement of Kennon Road to prevent road slope disasters such as soil collapse, rock fall, road slip, landslide, and river erosion that frequently occur along this road,” the DPWH said.

Kennon Road offers the shortest route from Rosario, La Union to Baguio City, with a total length of 33.7 kilometers.

The DPWH expects civil works to cost P11 billion, and the acquisition of right of way P550 million.

“At the end of the rehabilitation or reconstruction, the project is expected to reduce travel time from Rosario to Baguio City from one hour to only 30 minutes,” the DPWH said.

It is also expected to reduce travel time from Manila to Baguio City from four hours to three hours and 30 minutes via North Luzon Expressway, Subic-Clark-Tarlac Expressway, Tarlac-Pangasinan-La Union Expressway and Kennon Road.

At the same time, the project is expected to “contribute to the growth of the region’s tourism industry and related business activities, including their expansion to remote communities near the project area.”

The current administration has identified the Kennon Road rehabilitation as among its priority PPP projects.

Public Works Secretary Manuel M. Bonoan has said that the Marcos administration will work to attract more investors to its infrastructure program through PPPs. — Arjay L. Balinbin

CAMPI lobbies to retain excise tax exemption on pickup truck category

REUTERS

THE Chamber of Automotive Manufacturers of the Philippines, Inc. (CAMPI) said it will ask legislators not to remove the excise tax exemption for pickup trucks, expressing fears that the resulting price hikes on a significant vehicle segment will blunt the industry’s recovery.

“We will seek opportunities to present and discuss our position with concerned legislators and appropriate government agencies,” CAMPI President Rommel R. Gutierrez said in a mobile phone message when asked to comment on the proposed removal of the exemption.

Separately, Mr. Gutierrez said on the sidelines of a news conference in Parañaque City on Tuesday that pickup trucks account for 17% of the industry’s vehicle sales. 

“That is how big it is. Many are using pickups, since these are for business,” Mr. Gutierrez said, referring to the vehicle’s role as a farm, construction, or delivery vehicle. Many pickups, however, are employed as personal transport.

“We are concerned about the addition of the taxes. As we know, the demand for vehicles is price-sensitive. This will definitely impact prices,” Mr. Gutierrez said.

“We are still recovering. We have not yet recovered fully to pre-pandemic levels. We express concern,” he added.

Mr. Gutierrez urged the government to consider the auto industry’s condition in tax policy, saying that the two sides are partners in the economy.

“It’s really a collaboration between the government and private sector. We want to strike a balance (between) the government’s intention (to tax) and the situation of the auto industry. We will definitely discuss, at least ask for discussions… in resolving this issue,” Mr. Gutierrez said.

“We will follow the process in Congress. They have public consultations or committee hearings on the issue. We will go there upon invitation. We will submit, as needed, the collective position of all the members,” he added.

The House Ways and Means Committee approved last week the fourth package of the Comprehensive Tax Reform Program which included the elimination of the excise tax exemption on pickup trucks.

The fourth package was previously called the Passive Income and Financial Intermediary Taxation.

The removal of the excise tax exemption is expected to generate P52.6 billion worth of additional revenues from 2022 to 2026, according to the Finance department.

Pickup trucks are exempted from excise tax under Republic Act No. 10963 or the Tax Reform for Acceleration and Inclusion. The exemptions are targeted at small business owners and professionals who use the trucks for work.  

CAMPI and the Truck Manufacturers Association, Inc. estimate that vehicle sales increased 18.4% to 182,687 units in the seven months to July.

Commercial vehicles, including pickup trucks, accounted for 75.18% of the total, or 137,338 units.

CAMPI has set a sales target of 336,000 units this year, up 17%.

Separately, CAMPI announced that it will stage the 8th Philippine International Motor Show (PIMS) between Sept. 15 and 18 at the World Trade Center in Pasay City.

PIMS returns after a four-year hiatus, with exhibitors including BMW, Chery, Foton, Geely, Honda, Hyundai, Isuzu, Kia, Mazda, Mitsubishi, Nissan, Suzuki, and Toyota.

At the motor show, “We will… come together to showcase the positive impact of sustainable and future-ready innovations on our day-to-day lives,” Mr. Gutierrez said. — Revin Mikhael D. Ochave

House bill proposes P15-B annual allocation for RCEF

A BILL filed in the House of Representatives proposes to raise the annual allocation for the Rice Competitiveness Enhancement Fund’s (RCEF) to P15 billion from the current P10 billion.

House Bill No. 212, which was filed by Nueva Ecija Rep. Mikaela B. Suansing and Sultan Kudarat Rep. Horacio P Suansing, Jr., seeks to raise the program’s allocation to “maximize its efficacy in improving the productivity and incomes of Filipino rice farmers.”

The RCEF is a component of the Rice Tariffication Law. RCEF receives P10 billion from rice import tariffs a year for six years to support farm mechanization, seed development, training, and credit assistance.

“The RCEF was designed to reduce palay production costs by 30%, to increase yields by 50% and to double farmer incomes in six years to boost Filipino farmers’ competitiveness (following) the liberalization of the Philippine rice trade in 2019,” according to the bill.

“However, there have been reports that, despite RCEF’s implementation, farm yields have not improved, production costs have not declined, while farmgate prices of domestically produced palay have remained low,” it added.

Apart from the increase in budget, the bill proposed to make RCEF funding perpetual.

“That is, RCEF will not only be a six-year program… The government should continually provide support to our farmers to ensure the sustainability and competitiveness of the Philippine rice sector, as well as ensure food security,” according to the bill.

“While the amount appropriated to the rice fund and/or the amounts allocated to each individual RCEF component program can be changed, the rice fund itself should be (made permanent) and its receipt of annual appropriations should be guaranteed to perpetuity,” it added.

According to the bill, P5 billion from the fund will be allocated towards subsidies for essential farm inputs, such as fertilizer and chemicals, amid rising input costs.

The price of granular urea increased to P3,002.17 per bag from P1,115.52 before the recent global shortages, while complete fertilizer prices rose to P2,212.15 per bag from P1,094.48, according to the Fertilizer and Pesticide Authority.

“Based on a survey of rice farmers (with irrigated farms) in Nueva Ecija, expenditure on fertilizer comprises 39% of their total expense throughout the cropping season, while expenditure on other chemicals comprises 8%. This shows that subsidies for these other essential farm inputs are much needed, as low usage of fertilizer has reduced the palay yield in the first semester of 2022 by about 6.8%,” it said.

“While the Department of Agriculture has provided fertilizer subsidies in the past, it has been on an ad hoc basis. That is, subsidies have been provided during some cropping seasons but not others, and amounts allocated towards subsidies have varied greatly depending on fund availability,” it added.

The bill also proposed to increase the annual allocation for rice farm machinery and equipment to P5.5 billion from the current P5 billion and decrease the annual allocation for expanded rice credit assistance from the current P1 billion to P500 million.

It also seeks to enhance the reporting, monitoring and coordination mechanisms between the Congressional Oversight Committee on Agricultural and Fisheries Modernization and RCEF-implementing agencies. — Luisa Maria Jacinta C. Jocson

Colliers sees gap in market for Region III industrial space

COLLIERS Philippines said the market for industrial space in Central Luzon (Region III) remains underserved relative to the region’s economic potential.

In a statement on Tuesday, Colliers, a property consultancy, said that Central Luzon has the potential to attract job-generating manufacturing investment.

“Central Luzon is becoming a preferred hub for industrial park development,” it said.

Colliers Associate Director of Research Joey Roi Bondoc called Central Luzon a viable consumer base for manufactured goods, noting its high growth levels.

He added that developers with a significant industrial footprint in Central Luzon include Filinvest Land, Inc. and Ayala Land, Inc.

“Colliers believes that property firms should continue developing industrial parks and modernizing warehouses in Central Luzon to capture the region’s economic expansion and continued industrial space take up from manufacturing locators,” Mr. Bondoc said.

“We see more national and local developers following suit in Central Luzon,” he added.

“From 2022 to 2024, we see the completion of about 307 hectares of new industrial space particularly in Pampanga, Tarlac, and Zambales,” it said.

“The Department of Trade and Industry (DTI) is currently pitching Central Luzon as a manufacturing and logistics hub… Singapore firms are also keen on investing in the Filinvest Innovation Park in New Clark City. The first phase of the industrial hub is now accepting locators, particularly companies involved in logistics, e-commerce, light manufacturing, and data center operations,” it added.

Colliers added that the infrastructure in Central Luzon will help attract more manufacturing and logistics investment.

“The modernization of Clark International Airport should raise the attractiveness of Central Luzon for more manufacturing and logistics investment. The development of passenger railways such as the Manila–Clark Railway, as well as cargo railway systems should also support the expansion of industrial activity in the region,” it said.

“Other big-ticket infrastructure projects that will likely spur growth in Central Luzon include Skyway 3 and Central Luzon Link Expressway (CLLEX),” it added.  — Revin Mikhael D. Ochave

DA seeks to stimulate demand for alternatives to bangus, tilapia

PHILSTAR FILE PHOTO

THE Department of Agriculture (DA) said it will seek to promote to consumers fish alternatives that are readily available domestically to address supply concerns.

“Aside from improving the yield of agricultural inputs to help farmers (achieve) a better yield, we are also looking at alternative commodities like fish (beyond consumer favorites like) galunggong (round scad), bangus (milkfish) and tilapia,” Agriculture Undersecretary Kristine Y. Evangelista told a hearing on Tuesday at the House committee on agriculture and food.

The goal is to “strengthen our other produce and influence consumer preferences to shift to certain commodities that we have in abundance.”

“For us to be able to increase the yield of farmers, we need to engage them in our programs…it’s a whole ecosystem. Increase in production is one, shift of consumer preference is also a direction we are taking, and the last resort is augmentation with imports,” she added.

Last week, the DA said it is pursuing initiatives to improve domestic salt production with the aim of making the Philippines more self-sufficient. The department estimates that the Philippines is 93% dependent on imported salt.

“We have not produced enough… as far as the DA is concerned, we are focused on (expanding) local production… to meet demand requirements. Aside from identifying areas of production, there is a need as far as technology is concerned, not only for our marginal fisherfolk, but also (at) industry level to meet demand,” Ms. Evangelista said.

“This will help our fisherfolk (as) this is (will become another) revenue stream for them,” she added.

In onion production, Ms. Evangelista said that the DA has not yet prepared an import plan to address the white onion shortage.

“We have not issued import permits. One of the reasons (is) we want to make sure no imports happen during the harvest season. We have to make sure we are not flooded with imported onions while harvesting,” she said.

“As far as smuggling is concerned, our field inspector team is working with the Bureau of Customs and there have been smuggled onions seized,” she added. — Luisa Maria Jacinta C. Jocson

ACEN’s Arayat-Mexico solar farm enters full operations

ACEN Corp. said on Tuesday that its joint venture project with Citicore Power, Inc., a 72-megawatt (MW) solar farm in Arayat and Mexico, Pampanga has entered full operations.

“We are extremely pleased to showcase another successful venture that moves us closer to our shared goals of sustainable development for our country,” Jose Maria Eduardo P. Zabaleta, chief development officer of ACEN, said in a statement.

ACEN, the Ayala group’s listed energy platform, said the solar farm produces sufficient energy to supplying electricity to about 45,000 households, which the company described as a “critical addition” to the grid.

ACEN said the project will do away with 72,000 metric tons of carbon dioxide emissions annually had conventional methods been used to generate the power. It also created more than 1,500 job opportunities in the host communities.

Oliver Y. Tan, president and chief executive officer of Citicore Renewable Energy Corp., said that the company will pursue more collaboration with ACEN.

“Citicore’s engineering excellence and end-to-end project development capabilities, from construction to commissioning, enabled a fast turnaround time for the completion of this maiden joint venture project with ACEN,” he added.

The P2.9-billion joint venture was completed less than a year after ground breaking in June 2021. In a disclosure in March 2022, ACEN said that the solar farm started to export power to the grid on March 23.

ACEN and Citicore are now developing the project’s 44 MW second phase, which is expected to be commissioned by the second quarter of 2023. Once fully operational, the project’s full capacity will be 116 MW. — Ashley Erika O. Jose

Addressing the challenge of agricultural development: Recognizing the causes

BW FILE PHOTO

(Part 2)

It might not have been a direct intention of President Ferdinand Marcos, Jr. when he decided to appoint Vice-President Sara Duterte to be the Secretary of Education and himself as the Secretary of Agriculture. It is serendipity, however, that the two highest officials of the land are responsible for the two most important sectors of society that contribute most to sustainable and inclusive growth, i.e., food security and education. Not only that. The two are so intertwined and interconnected — as the members of the Philippine Business for Education (PBEd) highlighted in a recent seminar about the interconnectedness between the poor quality of Philippine basic education and the state of malnutrition of children, as was pointed out in the first article of this series. The Philippines has the worst state of malnutrition in the ASEAN. It having the worst learning poverty rate is not a coincidence.

Here, I can only cite the most perceptive discussion of this interconnectedness between food security and the state of basic education by Dr. Cielito Habito in a column in the Inquirer (Aug. 9, 2022). No one else can better discuss this issue than Dr. Habito, who has undergraduate training in agricultural sciences from UP Los Baños and a Ph.D. in economics from Harvard University. He was the NEDA (National Economic and Development Authority) Director General during the Administration of the late Fidel V. Ramos.

He cites the scientific fact that 90% of a human’s brain development happens by age five. A chronically malnourished child who is stunted at age five will no longer be able to achieve his/her full physical and mental potential, and is irreversibly damaged for life. The very high rate of malnutrition among our children explains to a great extent why our country ranked lowest among all 10 ASEAN countries in average IQ in a cross-country assessment in the early 2000s. In the 2018 Program for International Student Assessment, the Philippines ranked at the bottom in reading comprehension and second to the bottom in science and mathematics among 79 participating countries. More recently, the World Bank announced the latest country assessments on learning poverty, which measures the percentage of children who cannot read and understand simple text by age 10. The Philippines got a high 90.9%, far above Indonesia’s 52.8%, Malaysia’s 42%, Thailand’s 23.4% and Vietnam’s 18.1%, and Singapore’s 2.8%.

This interconnectedness between food security and the quality of basic education should be a frequent matter of consultation between the two departments headed by the President and the Vice-President. As Dr. Habito recommends, school feeding programs are important, but making sure pregnant and lactating mothers are able to eat well is even more critical and urgent. All LGUs should study closely the very successful 1,000 days program for feeding mothers and newborn babies that was implemented in the province of Quezon during the term of Governor Jay Suarez, assisted by his wife who was a member of the House of Representatives.

Now that we have assessed the nature of the problem of the low productivity of our agriculture sector and the consequent lack of food security, what does the Transition Report of former Secretary William Dar and his team give as the causes of the poor performance of the Philippine Agriculture, Fisheries and Forestry (AFF) sector? The first reason given, with which I fully concur, is the very limited vision of successive previous leaderships of the Department of Agriculture (DA) who were fixated on farming and forgot that agribusiness consists not only of farm production but also includes the whole value chain of post-harvest, infrastructures, logistics, warehousing, cold storage, processing, and all the way to the so-called last mile to the consumers. The DA had a spending bias in the provision of input subsidies and support services which accounted for 93.2% of the total budget from 1999 to 2020. Except for some of the connectivity infrastructure (e.g., farm to market roads), public support for the economic segments of the agro-based value chains (such as the midstream, downstream, and the upstream segments) that could have significantly contributed to the modernization of the agribusiness value chains, were given scant attention. For instance, in 2015, the share of agricultural research and development (R&D) expenditure to agricultural gross value added (GVA) was only a measly 0.25% in the Philippines in contrast with Malaysia (1.14%) and Thailand (1.45%).

The second major reason for the underdevelopment of our agricultural sector is summarized in the pithy remark of Dr. Habito in his column on the interconnectedness of the food and education crises:

“Our overly protective (rather than nurturing and enabling) agricultural policies, which pushed food prices higher than they need to be, ultimately led to the poor’s food insecurity, malnutrition, and poor education outcomes, hence perpetuating their poverty.”

As a consequence of the misguided “self-sufficiency” policy of past DA Administrations, domestic agriculture producers remained relatively inefficient (especially compared to our ASEAN neighbors) by virtue of protectionist policies, such as tariff and non-tariff barriers that were not timebound. As can be inferred from the objections by some leaders of farmers to the Regional Comprehensive Economic Partnership (RCEP), there is a continuing clamor to shield the majority of agricultural commodities from global or international competition through Minimum Access Volume (MAV) mechanisms, high most favored nation (MFN) tariff rates, and other non-tariff barriers. With the absence of foreign competition, local agricultural producers (not only the small farmers) have little incentive to innovate and become more productive. This reminds me of the so-called “infant industries” in the last century that were pampered with so much protection that they never grew up and caused our industrialization efforts to fail.

The third cause of our lagging agricultural sector was the obsession of the DA with the impossible dream of rice self-sufficiency. This rice-centric policy impeded the growth and development of other agro-food value chains, in which we have greater comparative advantage in relation to our neighboring countries. Even if we exert our best efforts to improve the productivity of our rice farms, we will never be able to bring our costs of production lower than those of Thailand and Vietnam which have unlimited water sources because their rivers are like oceans. As an archipelago, water — which is the most crucial ingredient for rice production — will always be a scarce commodity in the Philippines.

Diversification of our agricultural produce — a must for expanding income sources in the rural areas and an impetus for robust agro-based value chain development — happened at turtle pace, rising minimally in the last two decades from 19.6% in 2000 to 20.6% in 2018 and 22.9% in 2019. This happened despite the promulgation of the High Value Crop Law way back in 1995. The slow growth of the production of high-value crops was in stark contrast with the robust improvement of similar crops, especially in Southeast Asia, where governments adopted a more outward-oriented policy of targeting the export markets, aligning local practices with global standards. As mentioned earlier, the classical example is the way the Vietnamese government helped their coffee producers catapult the country into becoming the second largest exporter of coffee in the world in a record time of just a decade.

The failure to diversify into high-value crops can be partly attributed to the obsession with rice self-sufficiency of past leaders. The heavy attention of the budget of the DA on rice had significant negative effects on the over-all performance of the AFF sector. Specifically, the lopsided focus on rice led to a neglect of potentially competitive agro-based value chains. A combination of trade and distortive domestic support policies were enforced in the rice value chains. Aside from trade restrictions, there were domestic support policies such as market price support and payments based on input subsidies. These distorted the inputs and outputs markets of other agro-based goods.

Approximately 50% of the banner program budget of the DA, on average, went to rice from 2009 to 2020. In fact, the imbalance of the DA budget in favor of rice is even higher when we take into account that the operational budgets of the National Irrigation Administration (NIA) and the Rice Competitiveness Enhance Fund are excluded from the Department’s rice banner program. The lack of competitiveness of the rice subsector slowed down significantly the agricultural transformation as it prevented labor from moving to more profitable agricultural commodities (including livestock) or to non-farm employment in the countryside or to urban employment.

Finally, another explanation for the underdevelopment of Philippine agriculture is the small average farm size in the country. This hinders the achievement of economies of scale and the attainment of efficient transfer and/or coordination of technology as well as of government intervention programs. Averaging about one hectare per farm, the fragmented structure of Philippine farming results in the absence of economies of scale and the limited vertical integration in the agro-food value chains (such as the contract growing arrangement) and the inadequate use of technology for farm production and primary post-harvest. Government interventions and/or regulations, such as capacity development, regulatory compliance such as on food safety, technology transfer, and delivery of other production and support extensions services are more efficiently coordinated and disseminated through organized groups such as farmers’ organizations, associations, or cooperatives. Unfortunately, successful farmers’ cooperatives and associations in the Philippines are the exceptions rather the rule.

(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 failure of the Duterte Administration’s pivot to the non-traditional partners

PHILIPPINE STAR/EDD GUMBAN

On Feb. 24, Russia launched a full-scale armed invasion of Ukraine. The member-states of the Association of Southeast Asian Nations (ASEAN) found themselves confronted with the terrible implications of Russia’s unprovoked aggression in the Ukraine invasion.

The invasion was a blatant violation of an independent state’s sovereignty as enshrined in the United Nations (UN) Charter. Russia’s close partner in East Asia, China, might replicate Russia’s approach in pursuing its irredentist agenda. This could be achieved through its expansion into the South China Sea at the expense of other coastal states and the invasion of Taiwan, which China considers a renegade province.

The Philippines’ reaction was confusion and bewilderment. Initially, the Philippines directed all its attention and efforts to evacuate a few hundred Overseas Filipino Workers (OFWs) in Ukraine. Then, former Defense Secretary Delfin Lorenzana, declared that the Philippines would be neutral in the conflict because it was none of our business. He emphatically stated: “We are going to be neutral for now. We have nothing to do with Europe or what they are doing; we are not near the borders of Ukraine.”

However, on Feb. 28, the Permanent Philippine Delegation to the United Nations supported the US-Albanian-sponsored resolution passed during the Emergency Special Session of the UN General Assembly on Ukraine. The Philippine statement expressed its explicit condemnation of the invasion of Ukraine and urged the cessation of hostilities in the conflict. It also cited the UN Charter, which requires sovereign states to refrain from using force against other states’ political independence and territorial integrity.

The Philippines, nevertheless, refused to join the other US Indo-Pacific allies that imposed sanctions against Russia. This reflected Manila’s dilemma in supporting Washington’s efforts to isolate Moscow versus its interest in keeping its ties to Russia open, especially in defense. This was because Manila had just announced the purchase of Brahmos cruise missiles, jointly developed by Indian and Russian arms manufacturers, and a signed arms deal with Moscow to acquire Russian-made Mil Mi-17 heavy-lift helicopters.

In the next few days, the Department of National Defense (DND) found itself defending the Mi-17 helicopter deal in the face of several countries imposing sanctions and companies holding their business in Russia in protest over its unprovoked invasion of Ukraine. In his March 11 statement, Secretary Lorenzana said that the contract and initial payment for the Mi-17 heavy-lift helicopter acquisition project had been completed before the invasion.

The Philippines is upholding its contractual obligation as it takes note of the circumstances that may affect the project. Lorenzana said that the P12.7-billion ($254 million) contract had been signed in November, and a down payment had been made in January. Then, he added that the contract was unlikely to be scrapped for now.

THE FAILED PIVOT TO RUSSIA
During the early months of the Duterte administration, public and foreign observers focused on President Rodrigo Duterte’s controversial pivot to China while ignoring his efforts to strategically gravitate to Russia. Former President Duterte did his best to improve Philippine-Russia relations as one of his foreign policy initiatives based on his independent foreign policy. He planned to keep the alliance with the US intact, with the Philippines seeking cooperation with new or non-traditional partners like China and Russia.

In May 2017, President Duterte went to Moscow for an official visit and met with President Vladimir Putin. Against the backdrop of the battle for Marawi City, Russia took the opportunity to offer the Philippines direct military assistance such as assault rifles and armored personnel carriers and intelligence on the foreign ISIS fighters operating in Southeast Asia.

In October 2019, President Duterte visited Russia for the second time to affirm the Philippines’ commitment to building a robust and comprehensive partnership with Russia. The Philippines signed a deal to purchase 16 Russian-made Mi-17 medium-lift helicopters for $14.7 million. It was considered a symbolic acquisition from Russia that was expected to pave the way for more advanced and large-scale arms acquisition for the Armed Forces of the Philippines (AFP).

The Philippine military, however, was unprepared for the Duterte administration’s sudden shift toward China and, to a certain degree, Russia. This is because the AFP viewed both countries as traditional threats to national security.

The AFP also finds little need to expand security relations with Russia and acquire Russian-made weapons since they follow Eastern-bloc standards that could not be integrated with its NATO-certified weapons systems. There are also doctrine, training, and integration issues, which must be considered before the Philippine military purchases and acquires Russian-made armaments. Closer Philippine-Russia defense relations are also hampered by the lack of mutual awareness about each other’s interests. Also, the AFP and DND are concerned that closer ties between the countries could adversely affect the Philippine-US alliance.

SCRAPPING THE DEAL
The significant step to jump-start the Philippine-Russian defense relationship faltered when the Philippines opted not to consider Russia’s offer of two Kilo-class submarines for the Philippine Navy (PN). Instead, the PN narrowed its choice to two other countries — France and South Korea. The deal of the 17 heavy-lift helicopters became controversial because of logistic, financial, and political repercussions triggered by the Ukraine-Russia War.

The Duterte administration declared that it would honor its commitment to purchase these heavy-lift 17 Russian helicopters. Eventually, it backtracked and announced that it would review it, but ultimately canceled the arms deal. This means the Philippines had forfeited the P2-billion down payment to Russia. More significantly, it signified the failure of the Duterte administration’s strategic pivot to China and Russia.

 

Dr. Renato De Castro is a trustee and program convenor of the Stratbase ADR Institute.

Peculiar prior art sources in patent cases

Patents involve inventions where the law grants exclusive rights to the registrant, such as the right to commercialize and use the invention. However, before such exclusive rights are granted, the invention must not have been made part of prior art. This means that the invention should not have been made known to the public prior to the filing of the patent application. Otherwise, a prior art rejection will be issued.

Normally, prior arts are seen in scientific papers and patent databases. However, is prior art limited to these sources of information? If your answer is in the affirmative, then it is time to revisit some peculiar prior art sources you may consider looking into when doing a prior art search.

Section 24 of Republic Art No. 8293, otherwise known as the Intellectual Property Code (IP Code), defines prior art as “Everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention.”

The IP Code uses the word “everything.” As in everything — from patents, pending patent applications, comic books, science fiction films, keynote speeches, newspaper images, or even the Bible. Here are a few interesting examples.

The Donald Duck comics case1 — Karl Kroyer invented a method to raise a sunken ship by filling it with buoyant bodies fed through a tube. In 1964, Mr. Kroyer successfully lifted a sunken ship in Kuwait’s harbor by filling the ship with 27 million plastic balls. Did Mr. Kroyer obtain a patent for this invention? The answer is a yes and a no. The patent was granted in the UK. However, it was rejected in the Netherlands because the said method had already been described in the 1949 comic strip “The Sunken Yacht” showing Donald Duck, with the help of Huey, Dewey, and Louie, using the same principle and method to raise a ship with ping pong balls shoved through a tube. Below are side-by-side images of The Sunken Yacht comic strip from Walt Disney and Figure 1 of Mr. Kroyer’s Patent2.

Since ping pong balls are buoyant bodies, and they were fed to the yacht through a tube, the Donald Duck episode was deemed as having disclosed the same technique as that which was claimed in Mr. Kroyer’s patent application.3 Consequently, the Donald Duck story sunk Mr. Kroyer’s patent application as it was considered as novelty-destroying prior art.

2001: A Space Odyssey4 — Part of the patent war between Apple and Samsung is Samsung’s argument that the film 2001: A Space Odyssey proves that Apple did not invent the tablet. A screenshot from the said film was submitted as part of Samsung’s defense, claiming that “Long before Apple claims to have invented a design for a thin, rectangular flat tablet computer, dominated by a display screen, similar designs were part of popular culture and commercial practice.” In addition, Samsung’s defense states: “In a clip from that film lasting about one minute, two astronauts are eating and, at the same time, using personal tablet computers.”

The Bible5 — While not specifically cited in the search report, Matthew 3:12 formed part of the written opinion — not as a relevant document but merely as a reference to show that winnowing or separating the grain from the chaff has been known since the dawn of time. The said Bible verse reads, “His winnowing fork is in his hand, and he will clear his threshing floor, gathering his wheat into the barn and burning up the chaff with unquenchable fire.” The patent application involved here was EP3886614A1 which relates to a method for binding dust and particles generated in the cigarette manufacturing process.

The few examples above show that prior art can be found anywhere, not just in scientific journals, or granted and pending patents. Images, pictures, and reels may form part of prior art of the emerging technologies in the market. The technology now may have just been part of creative imagination of the past in written or image form; and such may hinder the allowance of a patent application. As the saying goes, “a picture paints a thousand words,” which can also mean that a picture can be an equivalent of written prior art.

Conducting prior art searches is not a simple task as it requires extensive research, as the law defines “prior” as “[e]verything which has been made available to the public anywhere in the world.”

An incomplete prior art search can cause one to lose the chance of getting a patent registration, making the effort and cost in making the invention fruitless. It is thus best to consult a lawyer specializing in intellectual property law for prior art matters.

1Joseph, R. 2019. Topic 2: Legal Requirements for Patentability and Typical Part of a Patent Application. World Intellectual Property Office website, accessed on Aug. 26, 2022, <https://www.wipo.int/edocs/mdocs/africa/en/wipo_aripo_ip_hre_19/wipo_aripo_ip_hre_19_t_2.pdf>.

2Ius Mentis. 2006. The “Donald Duck as prior art case,” accessed on Aug. 26, 2022, <https://www.iusmentis.com/patents/priorart/donaldduck/>.

3Id.

4Westaway, L. 2011. Samsung says 2011: A Space Odyssey invented the tablet, not Apple, accessed on Aug. 26, 2022, <https://www.cnet.com/culture/samsung-says-2001-a-space-odyssey-invented-the-tablet-not-apple/>.

5Soriano, Leopoldo Belda, 2022. When the cited prior art is not run of the mill, accessed on Aug. 26, 2022, https://belda.blog/2022/02/27/when-the-cited-prior-art-is-not-run-of-the-mill%EF%BF%BC/>.

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

 

Mary Cherwyn L. Castro is an associate in the Intellectual Property department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).

clcastro@accralaw.com

8830-8000

What the hawks didn’t get at Jackson Hole

CHRISTINE ROY-UNSPLASH

JACKSON HOLE is an unlikely place to look for rebels. Titans of global monetary policy sent out a largely unchallenged message from the Federal Reserve’s summer retreat in Wyoming: Inflation is way too high and must be crushed, almost regardless of the cost to growth. Amid this festival of hawkishness, there were some nuanced and important voices from Asia that risk getting lost in all the hard talk.

Fed Chair Jerome Powell dominated the show, warning that interest rates are heading higher for longer. European Central Bank (ECB) officials sounded similarly resolute. Where there was shading, it tended to come from places like Japan, New Zealand, and South Korea. Not refutation, but mostly refinements. Still, they stood out and are significant given all the chest-thumping and aversion to any intimation of weakness.

Bank of Japan (BOJ) Governor Haruhiko Kuroda certainly expressed resolve, but of a very different nature to his Group of Seven counterparts. Inflation has exceeded the Bank of Japan’s 2% target for a few months, but Kuroda isn’t particularly impressed and ultra-loose policy still rules. “We have no choice other than continued easing until wages and prices rise in a stable and sustainable manner,” Kuroda said at one panel.

That’s in line with Kuroda’s comments after recent BOJ rate decisions — in itself noteworthy. When visiting the US in April, he struck a different stance. In a speech at Columbia University, Kuroda appeared to abandon the bank’s forward guidance that policy will be further eased if necessary. He said that the economy wasn’t vulnerable enough to warrant such a step. Whatever his intent then, there’s little ambiguity about his position now. Any tightening may have to wait until after his second term concludes next year.

One of the earliest rate hikers went so far as to suggest that the bulk of his heavy lifting may be done. Adrian Orr, governor of the Reserve Bank of New Zealand, said that after four consecutive increases in the benchmark rate of half a percentage point, “We’re in a much more comfortable position.” Orr told Bloomberg Television’s Kathleen Hays that the slowdown under way is “a good signal that monetary policy is biting and we are doing our work.” But Kiwi policy makers were moving against inflation before Powell, ECB President Christine Lagarde or Bank of England Governor Andrew Bailey. The ability to soon slow down — even to pause rate hikes — is the reward; private sector economists see cuts as soon as next year.

Bank of Korea Governor Rhee Chang-yong was careful not to rule out a big hike. But this fell short of backing a return to jumbo adjustments. Rhee made a splash soon after his appointment when the Bank of Korea (BOK) broke a pattern of quarter-point nudges with a 50-basis-points move in July. Hours before he got on the plane, BOK policy makers returned to small steps in their August meeting. Altering course again wouldn’t look like resolve, but like there’s no plan or strategy. The bank has already reached what it considers to be a neutral range of levels of rates. Get to the upper end, and Seoul will weigh whether further work is required. Rhee also told the Jackson Hole audience that Asia can return to the days of low inflation that prevailed before COVID and its aftermath.

Not that Asian economies can strike out entirely on their own. What happens in the US can buoy or buffet them. The Fed’s path has an enormous influence on exchange rates; the dollar is on one side of almost 90% of currency transactions. As key exporters, Asian countries are susceptible to the ebbs and flows of economic cycles, something American monetary policy greatly shapes. If places like Korea and New Zealand had been late to interest rate liftoff, as the Fed and ECB were, Orr and company might well have made Powell blush with their hawkishness.

None of this suggests a wishing away of inflation. Kuroda, who has strived to push inflation up for his nine years in the job, would prefer that it not be driven by soaring global energy and commodity costs. Rhee and Orr may soon see the dividends of starting early, if they can take a break by the end of the year. Don’t expect them to countenance that notion too loudly, however. In this era of inflation busting, there are limits to what can be uttered in polite company.

Powell went out of his way to discourage the idea the Fed will retreat next year, as some traders have wagered. He might gaze across the Pacific with some envy.

BLOOMBERG OPINION