Mining industry adopts climate change protocol

December 7, 2021 | 10:51 pm

THE Chamber of Mines of the Philippines (CoMP) adopted a climate change protocol put forward by the Towards Sustainable Mining (TSM) organization, while harmonizing its standards for managing mine tailings with global norms.

“This development was approved by the TSM community of interest (CoI) advisory panel following the recommendation of CoMP’s technical working group (TWG) that was tasked to align TSM with the global industry standard on tailings management,” CoMP said in a statement Tuesday.

The CoMP said TSM is a globally recognized sustainability program established in 2004 by the Mining Association of Canada that guides mining companies in managing key environmental and social risks. The global industry standard was issued in 2020 to operators of tailings facilities, aiding them in achieving zero harm to communities and the environment.

“The adoption of the climate change protocol will not only support the alignment with the standard of CoMP members with tailings facilities. It will also support the alignment of our nickel producers with other environmental, social, and governance standards, such as responsible steel,” CoMP Chairman Gerard H. Brimo said.

The chamber said the adoption of the protocol adds to the list of measurement tools that its members can use to grade their environmental and social responsibility obligations.

CoI panel member Carlos Primo C. David said the protocol is important because of the outsized impact of climate change on tropical island nations such as the Philippines.

“The efforts must remain strong for reforestation efforts and carbon footprint reduction, but the impact of climate change warrants ensuring business continuity and, more importantly, resilience in our communities in the near future,” Mr. David said.

“This climate change protocol and its supporting guide will provide mining companies the required focus to attend to local impacts and, through this, enable them to contribute to the global effort to address climate change,” he added.

Mr. Brimo said the climate change guide is the only mine-related reference that offers procedures for incorporating climate change considerations in the miner; operational decision-making.

Other TSM Protocols include water stewardship, preventing child and forced labor, biodiversity conservation management, health and safety, indigenous peoples and community outreach, and crisis management.

TSM partner countries are Argentina, Australia, Botswana, Brazil, Canada, Colombia, Finland, Norway, the Philippines, and Spain. — Revin Mikhael D. Ochave

Senate targets final reading approval of bill extending 2021 budget by Monday

December 7, 2021 | 10:51 pm

THE SENATE plans to pass on third and final reading Monday a proposed law extending the validity of the 2021 national budget to the end of next year, after it passed on second reading Tuesday.

“We will prioritize the approval of the extension of the validity of the 2021 National Budget,” said Majority Leader Juan Miguel F. Zubiri in a Viber message to reporters Tuesday. “Our plan is to approve it … hopefully on Monday for third reading.”

House Bill 10373, which amends Section 62 of the general provisions of Republic Act 11518 or the General Appropriations Act (GAA) of Fiscal Year 2021 was passed on the understanding that such an extension would be the last of its kind.

Mr. Angara, who chairs the Senate Finance committee, said during the Tuesday plenary session that in 2022, the government will attempt a “half-way house between obligation-based and cash-based” budgeting.

“It maintains the features of cash-based budgeting, which would force agencies to obligate the money in the calendar year of the budget,” he said, “while it gives them that leeway of making the disbursements and full payment in the succeeding year.”

Under Section 61 of the general provisions of the proposed P5.024-trillion budget for 2022, which is currently being discussed in bicameral conference committee, the hybrid system will provide two extra years for both obligation and disbursement, removing the need for budget extensions.

“Principally, we are agreeing to the extension because to cast a negative vote would punish our people for the inefficiencies of the bureaucracy,” Minority Leader Franklin M. Drilon during plenary session late Monday, “but we do hope that this is not a yearly occurrence, the failure to disburse it on time, because government spending, if I recall correctly, constitutes 20% of our Gross Domestic Product (GDP).”

“If we do not disburse the appropriated funds on time, we will not be able to achieve GDP growth for the country because the government failed to disburse these funds,” he added.

Mr. Drilon said that the 56% obligation rate of the budget as of the end of September is lower than the 78% achieved last year.

The House approved its version of the bill in late November.

President Rodrigo R. Duterte earlier approved legislation that extended the validity of the 2019 and 2020 national budgets. — Alyssa Nicole O. Tan

Pasay RTC returns conviction against illegal lender

December 7, 2021 | 10:50 pm

THE Securities and Exchange Commission (SEC) said it obtained its eighth conviction against an illegal lender after a regional trial court (RTC) ruled against executives of X-CEE789 Lending and Trading, Inc.

In a statement Tuesday, the regulator said the Pasay City RTC Branch 118 found X-CEE789 guilty beyond reasonable doubt for violating Section 12 (3)(a) of Republic Act No. 9474 or the Lending Company Regulation Act (LCRA) of 2007.

“The conviction of the incorporators and directors of X-CEE789 represents the eighth conviction the SEC has won under a crackdown initiated in 2017 on illegal lenders, including those engaged in ‘5-6’ schemes and other usurious practices,” the SEC said.

The ruling, dated Jun. 30, covers X-CEE789 executives Merlinda A. Derequito, Mila R. Anonuevo, Haydee S. Alarcon, Maria Collen A. Custodio, Marisa D. Abaquin, Ramona C. Belen, Pinder Kaur Bhopal, Parvesh Kumar, Karan Kumar, Surinder Bhopal, Kamaljit Kaur, and Jaswinder Kaur.

Each of the respondents that established the company as incorporators and served as directors was ordered to pay a fine of P10,000 with costs.

Under Section 12 (3)(a) of the LCRA, officers, employees, or agents of a lending company who knowingly mislead or give false statements in any official application, report, or document face fines of P10,000 to P50,000 and/or imprisonment of six months to 10 years.

The SEC filed a complaint against the respondents after they were found to have falsified documents when incorporating X-CEE789 and while applying for an authority to operate.

X-CEE789 submitted a P1-million certificate of bank deposit supposedly issued by Banco de Oro’s Two Shopping Center branch in Pasay City. The document was needed to prove its compliance with the minimum paid-up capital prescribed by the LCRA during X-CEE789’s registration as a lending company with the SEC in 2017.

However, the SEC found that the bank did not issue the certificate. The commission also denied X-CEE789’s application when it registered as a lending company.

The regulator noted that in the eight cases decided so far, trial courts found 71 individuals guilty beyond reasonable doubt for violating the LCRA. Out of the 71 individuals, 33 are foreigners.

Meanwhile, the SEC’s Corporate Governance and Finance Department (CGFD) has revoked the registration of 2,081 lending companies for their non-compliance with the LCRA.

“To date, the SEC has also canceled the licenses of 35 financing/lending companies due to various violations of applicable rules and regulations. A total of 58 online lending applications have likewise been ordered to cease operations for lack of authority to operate as a lending or financing company,” the commission said. — Keren Concepcion G. Valmonte

Robust privacy protections urged alongside mandatory SIM registration

December 7, 2021 | 10:50 pm

A BILL that will require the registration of subscriber-identity-module (SIM) cards needs to ensure that privacy of mobile-phone users is protected, an information technology researcher said Tuesday.

“We need to ensure that the data privacy of subscribers is protected, and we do need to take into consideration that everyone has the right to freedom of expression and flow of information and communication,” said Grace Mirandilla-Santos, an independent ICT policy researcher, during the 10^th Arangkada Philippines Forum 2021.

The House of Representatives approved House Bill 5793 or the SIM Card Registration Act on third and final reading Monday.

Users should not have to “expose unnecessarily data that he or she does not want to (expose) just because a law is saying that the person needs to provide personal information,” she added.

Roy Cecil D. Ibay, vice-president of the Philippine Chamber of Telecommunications Operators, said in a statement Monday that the policy will help reduce the practice of phone fraud known as smishing while boosting e-commerce adoption and growth.

Section 8 of the proposed measure states that any information in the SIM card should be treated “as absolutely confidential,” unless access to it has been permitted by the subscriber.

It also states that the waiver of absolute confidentially should not be made a condition for the approval of subscription agreements.

Public telecommunications entities will be required to disclose the full name and address of a subscriber “upon a duly issued subpoena or order of a court upon finding of probable cause, or upon written request from a law enforcement agency in relation to an ongoing investigation.”

Mr. Ibay said the bill should also “ensure safeguards that will not unduly displace prepaid subscribers by giving a sufficient SIM registration period and ensuring that the wide adoption or use of the national ID is already in place.”

John Garrity, chief of party at USAID Better Access and Connectivity Project, said at the forum that the problem of smishing attacks requires a multi-stakeholder approach.

Smishing uses text messages to trick mobile-phone users into visiting malicious websites and reveal personal information.

“The number and nature of attacks that are occurring, I think all of us have been experiencing these smishing attacks on our phones, all of these issues really call for a multi-stakeholder, multi-sectoral approach to building up cybersafe practices among the entire population,” he said. — Arjay L. Balinbin

PHL posts lowest daily COVID tally in 17 months

December 7, 2021 | 10:40 pm

health-protocols-posters — HEALTH protocol reminders are posted at the entrance of a public school building in Quezon City, Metro Manila. — PHILIPPINE STAR/MICHAEL VARCAS

By Kyle Aristophere T. Atienza, Reporter

PHILIPPINE health authorities reported 356 new coronavirus infections on Monday, the lowest daily tally since July 2 last year, bringing the total to 2.84 million.

The death toll hit 49,591 after 92 more patients died, while recoveries increased by 871 to 2.77 million, it said.

Of the 92 reported deaths, 18% occurred in November, the agency said.

There were 13,026 active cases, 899 of which did not show symptoms, 5,314 were mild, 3,900 were moderate, 2,326 were severe, and 587 were critical.

It said 26% of intensive care units in the Philippines were occupied, while the rate for Metro Manila was 29%.

The Health department said six duplicates were removed from the tally, six of which were reclassified as recoveries, while 87 recoveries were relisted as deaths.

It added that 159 patients had tested negative and were removed from the tally. Of these, 157 were recoveries.

Two laboratories did not operate on Dec. 5, while six laboratories failed to submit data.

RECOVERY
The Philippines’ ranking in a global index that measured the recovery of more than 100 countries from the coronavirus pandemic has improved, after the Southeast Asian country managed to contain a spike in infections fueled by the highly contagious Delta coronavirus variant.

The country jumped 46 notches in the latest COVID-19 recovery ranking by Tokyo-based news magazine Nikkei Asia, ranking 57^th from 103^rd previously.

The Philippines shared the 57^th spot with Tajikistan, Norway, and Malaysia.

Nikkei said in a report that the Philippines’ ranking improved due to a “significant increase in its infection management scores.”

But while the country’s infection numbers had dropped from the peak recorded in September, its short-term case fatality rate was over 9%, which is the second-highest in the world, the report said.

The Philippines ranked 121^st in September, 106^th in August, and 108^th in July.

In the latest report, Bahrain topped the list, followed by Kuwait, the United Arab Emirates, Malta, Taiwan, and China.

In the last five spots are Belgium, Aruba and Papua New Guinea, Georgia and Vietnam, Barbados, Burkina Faso, and Laos.

“The latest Nikkei ranking is a clear indication that we have successfully contained the highly transmissible Delta variant,” Cabinet Secretary Karlo Alexei B. Nograles told a televised news briefing.

“We can see the light at the end of the tunnel but the only way that we can get to the end is if we continue to carefully watch our steps,” he added.

PHL’s foreign policy, national security plan lack long-term vision

December 7, 2021 | 10:39 pm

Malacanang-MALACANANG.GOV.PH — MALACANANG.GOV.PH

THE PHILIPPINES’ national security management in relation to its foreign policy has been bogged down by political partisanship and the failure of administrations to involve non-government sectors, analysts said in a forum on Tuesday.

“There is this discontinuity of strategy and policies every change of administration, affecting the long-term horizon of strategic planning,” Emmanuel T. Bautista, a retired military general and member of the Foundation for National Interest’s board of trustees, told a virtual forum organized by the University of the Philippines Center for Integrative and Development Studies Strategic Studies Program and the UP Diliman Office of the Chancellor-Task Force Nation-Building.

It “has always been dependent on the leadership style and disposition of the incumbent president.”

Mr. Bautista said a whole-of-nation approach must always be applied to the country’s security, which he said has been “military-centric.”

It must also involve the academe, think-tanks, and sectors immersed in strategic thinking, he said.

“Sometimes we see strategic thinkers being labeled as having political motives or, worse, destabilizers,” said Mr. Bautista, noting that security management is a mix of national power, diplomacy, information, military, and economics.

President Rodrigo R. Duterte has been accused of gambling Philippine territories to appease China, from which he got about P1.2 trillion in investment and loan pledges to boost big-ticket infrastructure projects. But critics said few have materialized.

“The country’s sense of nationalism has moved away from being anti-US on account of our colonial legacy and neocolonial dependence to becoming anti-China in recent years,” said Maria Thaemar Camañag Tana, who teaches political science at the host university.

The country’s foreign policy has not been programmatic, Ms. Tana said, noting that it has always been based on the decisions of a sitting president. “There seems to be a lack of continuity.”

The shift had been particularly apparent from the Aquino administration, which sued Beijing before an international court to assert the Philippines’ claim in the South China Sea, she said.

The previous administration’s foreign policy was “derailed when Duterte, who has a completely different worldview from Aquino, became president in 2016.”

Mr. Duterte led a foreign policy pivot to China and away from the US when he took office in 2016. The US, which is not a claimant, has been competing with China in trade.

Washington and its allies have been asserting freedom of navigation in the South China Sea, which is important for the regional ambitions of Beijing.

Mr. Duterte’s strategy, however, was not widely supported. “Despite the President’s popularity, his pro-China stance has not been well received by the majority of the Filipinos,” said Ms. Tana. “China is still regarded as an oppressor and surveys have consistently shown low regard for China.”

She also said that the media and civil society organizations can help elevate the public discourse on the South China Sea dispute and other regional security issues.

Lara Quimbao-Del Rosario, a former foreign affairs official, said the Philippines had not deterred China’s incursions in its territories at an early stage because it had to deal with other foreign policy issues in the past.

China’s building of structures in a Philippine-claimed reef in the South China Sea as early as 1994 was set aside when the country had to deal with the case of Filipina domestic worker Flor R. Contemplacion, who was convicted by a Singaporean court in 1991 of killing the three-year-old son of her employer.

“The extensive coverage on Contemplacion was too much that it overshadowed what was happening in Panganiban reef or Mischief reef,” Ms. Quimbao-Del Rosario said.

The incident, she said, pushed the Philippines to consider assistance to overseas Filipino workers as a major part of the country’s foreign policy.

“The incident defined the country’s foreign policy in a significant way,” she said. “It became a pillar and it also affected our actions abroad.”

DEMOCRACY SUMMIT
Meanwhile, Mr. Duterte has accepted US President Joseph R. Biden’s invitation for him to attend a democracy summit, which will take place from Dec. 9 to 10.

Mr. Biden has invited “heads of state and government, other government leaders, and voices from the business and non-government sectors” to join America in taking action to strengthen democracy, according to a statement from Mr. Duterte’s office on Tuesday.

Mr. Biden said in the invitation that the Philippines and US will “embark on the work necessary to shape a prosperous and peaceful future built on respect for the rights and aspirations of all people,” according to the Palace. — Kyle Aristophere T. Atienza

Marcos faces new disqualification case

December 7, 2021 | 10:38 pm

THE ONLY son and namesake of the late dictator Ferdinand E. Marcos is facing another obstacle to his political ambitions in the 2022 polls after a group of martial law victims from northern Philippines filed a new complaint against his candidacy for president.

The latest petition, the eighth of its kind, filed against Ferdinand “Bongbong” R. Marcos, Jr. before the elections body argued that his 1995 tax evasion conviction deprived him of his right to vote, making him ineligible to run for public office since electoral candidates must be registered voters.

“Assuming that the provisions of the Omnibus election code do not apply, respondent is still disqualified to run for or to hold any elective position, much less for the position of Philippine president, for having been actually sentenced to prison correccional and is thereby effectively deprived of his right of suffrage,” read the petition.

The petitioners were assisted by constitutional framer Christian S. Monsod, Ateneo Human Rights Center executive director Ray Paolo Santiago and Tristan Arnesto.

Mr. Marcos’ spokesman, Victor Rodriguez, reiterated an earlier position that the petitions filed were “nothing but nuisance cases.”

“We urge those who are behind these pathetic stunts to please respect the Filipino people and their democratic right to decide for themselves and their collective future,” he said in a statement released on Tuesday.

Mr. Marcos committed crimes of moral turpitude — a ground for disqualification under the country’s election code — when he failed to file the taxes, read the latest petition, which is similar to earlier lawsuits seeking the disqualification of the former senator, who lost by a hair in the 2016 vice-presidential race.

The late dictator’s son filed his candidacy papers for president in October, angering activists and victims of his father’s two-decade rule.

An official of the poll body earlier said the presidential run of Mr. Marcos is the most legally-contested in recent history. — Kyle Aristophere T. Atienza

Pacquiao promises MSME support to address hunger

December 7, 2021 | 10:38 pm

PRESIDENTIAL aspirant and Senator Emmanuel “Manny” D. Pacquiao on Tuesday pledged to provide full support to small businesses as a means to “save the people” from hunger and poverty.

“We need to strengthen and pour full support to smaller businessmen because they are the ones truly providing livelihood and bringing food to the tables of our fellowmen,” he said in a statement in Filipino.

Micro, small and medium enterprises (MSMEs) account for 99.5% of the total number of business establishments in the country, according to the Department of Trade and Industry.

If elected in the May 2022 elections, Mr. Pacquaio said he will allocate funds to finance interest-free loans for MSMEs.

With adequate attention to MSMEs, he said, “more of our countrymen will be given livelihood and this would result in no hunger.”

More one-stop shops and online portals will also be set up, he added, to ensure corrupt and hassle-free processing of all business permits and loan applications.

“There are many who are afraid to do business because of corruption and the complicated document processes,” he said. “We will fix all of this.” — Alyssa Nicole O. Tan

2.5M families experienced hunger at least once in past 3 months — survey

December 7, 2021 | 10:38 pm

AROUND 2.5 million Filipino families experienced hunger due to lack of food at least once in the past three months, according to a survey by the Social Weather Stations (SWS).

The Sept. 2021 hunger rate is 3.6 points below the 13.6% rate recorded in June 2021, and 11.1 points below the 2020 annual average of 21.1%, SWS said in a report.

However, the third quarter report is “0.7 points above the 2019 annual average of 9.3%,” SWS said. “The resulting 13.5 percent average for the first three quarters of 2021 is less than for last year but has not fully recovered to pre-pandemic levels.”

Of the 2.5-million figure, the pollster said around two million families experienced moderate hunger, while 534,000 families experienced severe hunger.

Moderate hunger refers to those who experienced hunger “only once” or “a few times” from July to September, while severe hunger refers to those who experienced it “often” or “always” in the same period.

It attributed the 3.6-point decline in overall hunger between June 2021 and Sept. 2021 to decreases in all areas except Metro Manila. “Hunger has been worst in Metro Manila in 21 out of 95 surveys since July 1998.”

After Metro Manila, hunger incidence was highest in the rest of Luzon, followed by Mindanao, and the Visayas.

There were 1,200 Filipino adults who participated in the survey conducted from Sept. 12 to 16. — Kyle Aristophere T. Atienza

Solon pushes for PhilHealth overhaul after latest audit report

December 7, 2021 | 10:37 pm

A HOUSE lawmaker on Tuesday renewed her call to reorganize and overhaul the Philippine Health Insurance Corp. (PhilHealth) after state auditors questioned payments under an emergency fund program released to medical facilities without legal basis.

Marikina Rep. Stella Luz A. Quimbo said the Commission on Audit’s (CoA) findings in its annual 2020 report of the state insurer deprives Filipinos from getting accessible healthcare services.

“PhilHealth’s financial mismanagement blatantly disregards the law. It is an injustice to PhilHealth members who regularly make premium contributions and patients who do not receive PhilHealth payments they need for their urgent health services,” she said in a statement.

She pushed for Congress to approve House Bill 7429 or the Social Health Insurance Crisis Act to ensure an “effective and responsive” national health insurance system.

The bill would grant authority to the President to privatize any or all segments of PhilHealth as well as abolish or create offices, transfer functions, and do drastic cost-cutting measures.

It would introduce the creation of an Executive-Legislative Commission to craft policy framework and carry out necessary steps to reorganize the state insurer, including the designation of a transition team that will assume management until its reorganization is completed within two years.

“We should accept that the management of a social health insurance program requires technical skills that may not readily be available in the public sector,” Ms. Quimbo said.

The House lawmaker earlier said in a television interview that opening PhilHealth for privatization would help detect anomalous and fraudulent claims.

CoA flagged PhilHeath for the release of P14.97 billion under the interim reimbursement program to 711 healthcare institutions without the required approvals.

The Interim Reimbursement Mechanism (IRM) program is meant for PhilHealth to extend assistance to its members affected by natural disasters, health emergencies, or other unexpected situations.

PhilHealth management explained in an audit comment that the IRM has already been suspended, with 95% of the funds liquidated by healthcare institutions that were covered under the program.

They also requested the Office of the President for a post-facto approval for the advance payments. — Russell Louis C. Ku

Tax court allows journalist Ressa’s trip to Oslo

December 7, 2021 | 10:35 pm

THE PHILIPPINES’ tax appeals court has approved the request of Filipino journalist Maria A. Ressa to travel to Oslo, Norway to receive her Nobel Peace Prize.

The decision comes after the country’s appellate court granted a similar request from Ms. Ressa, who is currently facing cyber-libel and tax evasion cases that she said are politically motivated.

Prosecutors in the ongoing tax-related cases against the founder of the news site Rappler “did not file any comment nor opposition to the accused’s urgent motion to travel outside the country,” the Court of Tax Appeals said in a resolution.

The court’s first division said Ms. Ressa can travel outside the Philippines from Dec. 8 to 13. The embattled journalist must notify the court and provide proof of her arrival in the Philippines within three days of her return, it added.

The Court of Appeals last week granted a similar request, saying that it is “only for the purpose of attending the Nobel Peace Prize Award Ceremony.”

The Norwegian Nobel Committee awarded the 2021 Nobel Peace Prize to Ms. Ressa and Russian journalist Dmitry Muratov “for their efforts to safeguard freedom of expression.”

Solicitor General Jose C. Calida had tried to block Ms. Ressa’s travel request, saying she was a flight risk and argued that Ms. Ressa could attend the ceremony virtually.

Rappler has published reports critical of President Rodrigo R. Duterte’s policies, including his deadly drug war that has killed thousands. — Kyle Aristophere T. Atienza

House probe sought on gov’t agencies’ investments in Megawide

December 7, 2021 | 10:35 pm

House-opening2-HOUSEOFREPRESENTATIVES — HOUSE OF REPRESENTATIVES

LAWMAKERS from the progressive Makabayan bloc are seeking an investigation in the House of Representatives on the alleged huge losses of state social insurance agencies from investments in Megawide Construction Corp.

Bayan Muna Rep. Carlos Isagani T. Zarate, Ferdinand G. Gaite, and Eufemia C. Cullamat filed House Resolution 2397 calling for the Committee on Good Government and Public Accountability to investigate the matter.

“It is questionable why these pension agencies continue to invest in a corporation with a doubtful record,” according to a copy of the resolution.

The Social Security System (SSS) for private sector workers and the Government Service Insurance System (GSIS) for government employees hold 4.48% and 3.39% of total shares in Megawide, respectively.

The resolution comes after the Department of Justice (DoJ) indicted 15 key company executives for alleged violation of the Anti-Dummy Law in connection with the Mactan-Cebu International airport contract, which led to a recent slump in shares of Megawide.

The Makabayan lawmakers estimate that the total losses in the value of Megawide shares held by SSS and GSIS would amount to P1.61 billion.

“These staggering losses are truly lamentable, if it will be considered for instance that SSS is yet to fulfill its commitment to Congress to implement the second tranche of P1,000 pension increase,” they said.

Existing laws provide that all revenues of the SSS and GSIS that are not needed to meet administrative and operational expenses can be placed in a reserve fund for investments.

They also require that common and preferred stocks invested should come from a corporation with a proven record of profitability in the last three years and paid dividends at least once during the same period.

Shares in Megawide at the stock exchange declined by 3.92% or 21 centavos to close at P5.15 apiece on Tuesday. — Russell Louis C. Ku