Repatriation of Filipinos in Afghanistan in full swing, DFA assures

August 16, 2021 | 8:27 pm

THE REPATRIATION of 130 Filipinos working in Afghanistan is in full swing, the Department of Foreign Affairs (DFA) said, with 32 already flown out to Doha and 19 set to leave as of Monday morning.

The other 79 are in contact with the Philippine Embassy in Islamabad, Pakistan, DFA said in an advisory Monday after the declaration of a high alert warning for Afghanistan “due to the uncertain security situation in the country” following the Taliban’s takeover of government.

“The Department and its Foreign Service Posts in the region and beyond are exploring all avenues of cooperation and are closely coordinating with governments and international partners to guarantee their immediate and safe passage,” it said.

Foreign Affairs Secretary Teodoro F. Locsin said in a tweet that after the repatriation mission is completed, Philippine authorities will have to focus on preventing the trafficking of Filipinos to Afghanistan under Taliban rule.

“We’re already out of there,” Mr. Locsin said. “When the last Filipino is out; we’re shutting down that aspect as well. Now the job is to prevent Filipino trafficking to that place.”

The country’s top diplomat also expressed support to United Nations Secretary-General António Manuel O. Guterres, who said on Twitter that “the conflict in Afghanistan is forcing hundreds of thousands to flee amid reports of serious human rights violations. All abuses must stop. International humanitarian law and human rights, especially the hard-won gains of women and girls, must be preserved.”

“Philippines joins your appeal,” Mr. Locsin said. — Alyssa Nicole O. Tan

Solon urges Duque to attend House hearing on COVID-19 funds

August 16, 2021 | 8:27 pm

duque-francisco-PCOO.GOV.PH — PCOO.GOV.PH

CAGAYAN DE Oro City Rep. Rufus B. Rodriguez urged Health Secretary Francisco T. Duque III on Monday to attend the House briefing on the alleged deficiencies worth over P67 billion in pandemic funds under the Department of Health (DoH).

“That will be Secretary Duque’s opportunity to explain the alleged deficiencies in the management of the funds as reported by the Commission on Audit (CoA). Anyway, he has vowed to account for all of the money and has declared that none of it has been lost to corruption,” Mr. Rodriguez said in a statement.

The hearing to be led by Probinsyano Ako Party-list Rep. Jose C. Singson, Jr., chair of the House Committee on Public Accounts, is scheduled for Tuesday at 1:30 p.m. The inquiry was requested by House Speaker Lord Allan Jay Q. Velasco on Sunday to “ensure that the billions of pesos Congress had dedicated to COVID-19 (coronavirus disease 2019) response are spent wisely and effectively.”

It comes after the findings of the CoA on the DoH in its 2020 annual audit report that was publicly released on Aug. 11.

State auditors described the misuse of funds by the DoH as “non-compliance (with) pertinent laws, rules, and regulations,” finding P42.41 billion were transferred to implementing partner agencies without a memorandum of agreement and other supporting documents. — Russell Louis C. Ku

Makabayan bloc files resolution calling for extension of voter registration

August 16, 2021 | 8:26 pm

voter-registration-biometrics-philstar — PHILSTAR

A GROUP of progressive lawmakers in the House of Representatives has filed a resolution calling the Commission on Elections (Comelec) to extend the voter registration period for the 2022 national elections to “deter massive voter disenfranchisement.”

The Makabayan bloc filed House Resolution 2128 seeking to extend the Sept. 30 deadline to Oct. 31.

“The backlog and challenges in voter’s registration threaten to disenfranchise an estimated 13.1 million prospective voters in the upcoming 2022 national elections,” the group said in the resolution.

They underscored the need for an extension given the suspension of registration activities during strict lockdown periods.

“Considering the (total) five-and-a-half month suspension which is equivalent to approximately 28.3% or 164 days of the voter registration period across the country… Comelec has the prerogative to set the deadline of voter registration on a later date but before Jan. 9. 2022,” according to the resolution.

Comelec Commissioner Rowena V. Guanzon said on Aug. 9 that there will be no extension in the voter’s registration deadline, citing the time needed for the completion of the project of precincts (POP) by December along with the printing of official ballots by January. The filing of certificates of candidacy starts Oct. 1.

A similar resolution was also filed by seven senators in the Senate on Aug. 12 which also sought to extend the voter’s registration period. — Russell Louis C. Ku

DoLE says cash aid disbursement for workers in order, fault lies with employers

August 16, 2021 | 8:26 pm

THE DEPARTMENT of Labor and Employment (DoLE) on Monday said problems on the pandemic-related cash aid released to workers could be traced back to companies that were in charge of distribution to their respective employees.

“We dispel that there are questions on the department’s disbursement of cash assistance,” DoLE Information and Publication Service Director Raul M. Francia said in an online briefing on Monday.

He explained that the Commission on Audit (CoA) cannot fault the department for employees receiving less than the P5,000 supposed cash aid per worker as the funds were released to their employers.

Mr. Francia said DoLE will “surely go after” those employers who did not give their workers the right amount of cash aid. He said they will face administrative penalties and ordered to give the money due to the beneficiaries.

The Labor official also said some beneficiaries may not have been able to receive the codes needed to claim the cash aid from remittance centers as they changed phone numbers, used the phone number of other people, or their lost phone.

Given such circumstances, he called on beneficiaries to update their data with the department and refile their claim. However, this is no guarantee of receiving cash aid as the unclaimed funds may have already been allocated to others.

In a news release on Monday, DoLE said it will submit an updated compliance report to state auditors “within 60 days from receipt of the CoA Report last 29 July 2021.”

In its 2020 report on the Labor department released on Saturday, the CoA said DoLE had “insufficient internal control measures” in its disbursement of cash assistance to workers affected by the pandemic which led to excessive payments, denied claims, and unclaimed cash aid in money remittance centers.

DoLE was given a budget of P7.3 billion for its pandemic-related programs for disadvantaged and displaced workers as well as overseas Filipino workers. — Bianca Angelica D. Añago

Solar-powered post-harvest project for piña fiber launched in Negros Occidental

August 16, 2021 | 8:26 pm

PRODUCTION OF export-ready piña fiber in the town of Don Salvador Benedicto in Negros Occidental recently got a boost with the launch of a solar-powered machine for processing pineapple leaves, the Department of Energy (DoE) announced Monday.

DoE, in a joint media release with its program partners, said the P3.5-million project serves as the pilot for the Productive Use of Renewable Energy (PURE) project, which supplements the department’s rural electrification program while providing other sources of income for farmers through the use of renewable energy.

It is in partnership with the European Union-supported Access to Sustainable Energy Program (EU-ASEP) and TeaM Energy Foundation, Inc. (TEFI).

Funding was provided by TEFI, which leads power firm TeaM Energy’s corporate social responsibility programs. The DoE and EU-ASEP gave technical assistance through the project’s feasibility study.

“This intervention will support the community in making use of pineapple leaves which were thrown away in the past. Now, they can be used as high-value natural fiber, which will generate income and might become an export commodity of the Philippines,” said European Union Delegation to the Philippines’ Head of Cooperation Christoph Wagner. — Angelica Y. Yang

Bill filed to scrap continuing training requirements for professionals

August 16, 2021 | 8:26 pm

SENATOR RONALD M. Dela Rosa seeks to scrap a law that mandates registered Filipino professionals to complete additional formal and non-formal learning before they can renew their professional license with the Philippine Regulatory Commission (PRC).

Under Senate Bill No. 2344, Mr. Dela Rosa proposed to repeal Republic Act No. 10912 or the Continuing Professional Development (CPD) Act of 2016 to lessen the burden of professionals during the pandemic.

“At this time of global health crisis, the repeal of this law is well-timed and will immensely unburden our professionals,” he said in a press release.

The lawmaker said that although CPD promoted competency and kept professional qualifications up to date, many doubt its practicality.

Money needs to be spent to enroll in graduate schools, online courses, seminars and the like, he said, but many professionals cannot afford these due to “their meager resources.”

Moreover, professionals are also losing income as they skip work in order to attend CPD classes, and those from far-flung areas are forced to process and complete their mandated requirements in major cities due to limited CPD providers.

“Adding to these problems, the PRC admitted that they have limited capacity to monitor the implementation of the law. Like the Filipino professionals, they are also claiming inadequate or lack of funding,” Mr. Dela Rosa said.

Professionals that require a license in the country include teachers, nurses, engineers, and architects, among others. — Alyssa Nicole O. Tan

Statutory institution of the Stakeholder Theory: Corporations vested with public interests

August 16, 2021 | 7:43 pm

An outstanding feature of the Revised Corporation Code of the Philippines (RCCP) is the formal institution within its corporate governance (CG) framework of “corporation whose business is vested with public interests.”

Section 22 of the RCCP provides that the Board of Directors of the “following corporations vested with public interest shall have independent directors constituting at least 20% of such board”:

a.) Corporations Covered by the Securities Regulation Code: Registered Issuers (RIs), which are corporations whose securities are registered with the Securities and Exchange Commission (SEC); Publicly Listed Companies (PLCs), which are corporations which are listed in the Exchange; and, Public Companies (PCs), which are corporation with assets of at least P50 million and having 200 or more shareholders, each holding at least 100 shares of any class of shares, which shall hereinafter be collectively referred to as “publicly held companies”;

b.) All Corporate Financial Intermediaries including banks and quasi-banks, nonstock savings and loans associations (NSSLAs), preneed, trust and insurance companies, corporations engaged in money service business, and pawnshops;

c.) Other Corporations Engaged in Business Vested with Public Interest: Those similar to the above, as may be determined by the SEC, taking into account relevant factors germane to the purpose of requiring the election of an independent director, such as: extent of minority equity ownership, type of financial products or securities issued or offered to investors, public interests involved in the nature of business operations, and other analogous factors.

Aside from requiring the inclusion of independent directors in their Board of Directors under Section 22, the RCCP provides for the following separate requirements for corporations vested with public interests:

a.) Section 23: In the election of directors or trustees, the shareholders or members of corporations vested with public interest are entitled to also vote through remote communications or in absentia, even when nothing is provided for in the bylaws;

b.) Section 24: The Compliance Officer is a statutory officer for corporations vested with public interests;

c.) Section 29: Corporations vested with public interest shall submit to their shareholders or members and the SEC an annual report of the total compensation of each of their directors or trustees;

d.) Section 31: Material related party transactions (RPT) in the case of a corporation vested with public interest must in addition be: (i) approved by at least two-thirds of the entire membership of the Board, (ii) with at least a majority of the independent directors voting to approve the material RPT;

e.) Section 91: In the case of nonstock corporations vested with public interest, even non-members may be elected as independent trustee;

f.) Section 95: Corporations vested with public interest cannot be incorporated as a close corporation; and,

g.) Section 177: In addition to the annual submission to the SEC of the Audited Financial Statements and the GIS, corporations vested with public interest must also submit: (i) a director or trustee compensation report; and, (ii) a director or trustee appraisal or performance report and the standards or criteria used to assess each director or trustee.

The formal recognition under the RCCP of “corporations whose business enterprise is vested with public interests” as an integral part of formally embodying CG principles and best practices amounts to formal invoking into Philippine Corporate Law of the Stakeholder Theory as an important adjunct to the doctrine of Maximization of Shareholder Value.

In addition, recognizing the special class of “corporations whose business enterprise is vested with public interests” would legally imply invoking into the relevant provisions of the RCCP, the jurisprudence evolved by the Supreme Court on the fiduciary duty of diligence imposed upon corporations, their Board of Directors and Management, whose business enterprise are vested with public interests.

THE SYSTEM OF INDEPENDENT DIRECTORS
It must be noted that the system of independent directors (IDs) did not exist under the set-up of the old Corporation Code, where the main legal mechanism provided to allow representation of minority shareholders was the system of cumulative voting. The system of IDs was first introduced into the sector of publicly held companies by the Securities Regulation Code, to ensure that all holders of securities, both debt and equity, and other affected stakeholders, are properly represented by IDs who are expected to exercise “independent judgment” from the other regular directors whose primary fiduciary duty related exclusively to the shareholders of record who elect them into office.

The system of IDs therefore is in recognition of the stakeholder theory, that it is within the fiduciary duty of Boards of Directors of companies whose business enterprise affects the public, to consider not only the interests of the shareholders, but also those of other stakeholders. It should be noted that the aspect of the stakeholder theory that imposes a fiduciary duty on directors or trustees and executive officers to include stakeholders other than just the shareholders, tended to have limited application under the Securities Regulation Code to include investors in either debt or equity securities of the publicly held companies; it does not recognize a fiduciary duty of directors or trustees and executive officers to non-investing stakeholders, such as creditors, suppliers, customers, etc.

This limited adaption of the stakeholder theory only with respect to investors in securities of publicly held companies is understandable because the basic purpose of the Securities Regulation Code is to provide rules and regulations for the public offering of securities. As discussed hereunder, the expansion of the stakeholder theory to include non-investing stakeholders evolved in jurisprudence of the Supreme Court ruling on the fiduciary nature of the obligations of corporations vested with public interest.

It is not surprising therefore that under the CG Code for PLCs, which embodies Principle 5 — “The Board should endeavor to exercise objective and independent judgment on all corporate affairs” — the fiduciary duty to exercise independent judgment is owed to all shareholders, taking into consideration the interests of minority shareholders, and is not to be exercised taking into consideration other stakeholders.

It is to be noted that the system of IDs under Recommendation 5.1 — “The Board should have at least three independent directors, or such number as to constitute at least one-third of the members of the Board, whichever is higher” — is explained in terms of oversight of managerial performance, prevention of conflict of interests, and balancing of competing demands of the corporation, including the “increasing global recognition that more independent directors in the Board lead to more objective decision-making, particularly in conflict of interests situations.” Fiduciary duties relating to conflict-of-interest situations are meant to protect the proprietary interests of minority shareholders against the rapacious tendency of the majority members of the Board to partake for their benefit or those of the majority shareholders corporate opportunities.

The most critical issue is the standing of stakeholders other than shareholders to demand any fiduciary duty on the part of the Board of Directors and Management to their interests in the business enterprise of the company: Do directors or trustees and executive officers of the company owe any fiduciary duty to stakeholders other than shareholders?

Principle 2 of the CG Code for PLCs, under the heading of Establishing Clear Roles and Responsibilities of the Board, mandates that “The fiduciary roles, responsibilities and accountabilities of the Board as provided under the law, the company’s articles and by-laws, and other legal pronouncements and guidelines should be clearly made known to all directors as well as to shareholders and other stakeholders.” The essence of Principle 2 is not recognizing a fiduciary duty to stakeholders other than shareholders, but more on the obligation to “make known” to stakeholders what fiduciary roles, responsibilities and accountability the Board may owe to them under the law, articles and bylaws — it actually begs the question of what are the fiduciary duties of the Board and Management to stakeholders other than shareholders.

In fact, the Explanation to Recommendation 2.1 — “The Board members should act on a fully informed basis, in good faith, with due diligence and care, and in the best interest of the company and all shareholders” — only recognizes that the common-law duties of diligence and loyalty are owed to shareholders, and enjoins that “The duty of loyalty is also of central import; the board member should act in the interest of the company and all its shareholders, and not those of the controlling company of the group or any other stakeholder.”

In fact, Principle 14 does not recognize any inherent fiduciary duty of directors or executive officers to stakeholders, and the only rights recognized as pertaining to stakeholders other than shareholders are those rights granted by law, by contractual relations, and through voluntary commitments by the Board of Directors, thus: “The rights of stakeholders established by law, by contractual relations and through voluntary commitments must be respected. Where stakeholders’ rights and/or interests are at stake, stakeholders should have the opportunity to obtain prompt effective redress for the violation of their rights.”

The Explanation to Recommendation 14.1 — “The Board should identify the company’s various stakeholders and promote cooperation between them and the company in creating wealth, growth and sustainability” — recognizes that the stakeholders “in corporate governance include, but are not limited to, customers, employees, suppliers, shareholders, investors, creditors, the community the company operates in, society, the government, regulators, competitors, external auditors, etc.” The Explanation then enjoins that “In formulating the company’s strategic and operational decisions affecting its wealth, growth and sustainability, due consideration is given to those who have an interest in the company and are directly affected by its operations.”

Therefore, no common-law fiduciary duty is owed by Board of Directors and Management to stakeholders other than shareholders other than “due consideration is given to those who … are directly affected by its operations.

Section 22 of the RCCP defines an “independent director” as “a person who, apart from shareholdings and fees received from the corporation, is independent of management and free from any business or other relationship which could, or could reasonably be perceived to materially interfere with the exercise of independent judgment in carrying out the responsibilities as a director.” The definition of an ID is one who is unlikely to be involved in a conflict-of-interest situation. In fact, if you review all the special provisions of the RCCP provides for corporations vested with public interest for which at least 20% of the Board membership must be independent directors, they only involve complying with the duty of loyalty on the aspect of conflict-of-interest situations as it relates to the interest of shareholders.

Textually therefore, the RCCP has not recognized any fiduciary duty that is owed by directors or trustees and executive officers to stakeholders other than shareholders. The body of law creating fiduciary duties of corporations vested with public interests, their Board of Directors and Management, to stakeholders other than shareholders can be found both under the Constitution and the decisions of the Supreme Court.

This article reflects the personal opinion of the author and does not reflect the official stand of the Management Association of the Philippines or the MAP.

Attorney Cesar L. Villanueva is Chair of the MAP Corporate Governance Committee, is a Trustee of the Institute of Corporate Directors (ICD), was the first Chair of Governance Commission for GOCCs (2011 to 2016), was Dean of the Ateneo Law School (2004 to 2011), and is a Founding Partner of the Villanueva Gabionza & Dy Law Offices.

map@map.org.ph

cvillanueva@vgslaw.com

http://map.org.ph

Presidential wannabe Ping Lacson’s proposal is ill-conceived

August 16, 2021 | 7:42 pm

Senator Panfilo Lacson, a declared candidate for president in the 2022 presidential election, proposed to Vice-President Leni Robredo, the presumed standard bearer of the Liberal Party in next year’s election, that all opposition candidates for president should agree to withdraw from the race at a certain point and throw their support behind the one among them who leads in the surveys. He says that is the practical way of unifying the opposition forces against President Rodrigo Duterte’s anointed successor and thus prevent the extension of the Rodrigo Duterte brand of government beyond 2022.

The Vice-President rejected the proposal outright. She said, “For me, if I file my candidacy, I have to finish the fight. I can’t just withdraw from the race, no matter how difficult it may be, because I already presented myself to the public.”

She should have also rejected the proposal because it is based on many flawed assumptions. The first is that the campaign managers, financial backers, the local warlord allies, and the field volunteers of the candidates who withdrew will also throw their support behind the opposition candidate with the highest survey rating.

The second is that the leader in the surveys among the opposition candidates will be ahead by a significant margin. What if Opposition Candidate 1 leads Opposition Candidate 2 by only 2% and the margin of error of the survey is 2 or 3%, as is usual? How will the final candidate be chosen?

Before the pandemic, interviews were done face-to-face. Now they are conducted by telecommunication. The sample (respondents) may not include voters from the socio-economic class DE and from those areas not reached by telecommunication. The sample may not be representative of the voting population. The margin of error would be bigger than the usual 2 to 3%.

Another assumption is that at a certain point in the race, the ratings will stabilize. Because the actual interviews, their verification, processing of the raw data, and printing of final reports take time, results of surveys become known about three to four weeks after the actual survey was conducted. A lot can happen between the time of the interviews and the time the results become known that can influence the preference of voters.

The changing preference of voters is to a large extent influenced by the events preceding the conduct of the surveys. The survey results reflected the sentiments of the people at the time the survey was conducted. SWS asks its respondents the question: “If the elections were held today, who would you likely vote as president?” Pulse Asia asks “If the May 2016 elections were held today, who would you vote as president of the Philippines?”

It was not long after he was sworn in as vice-president that Jejomar Binay made known his intention to run for president. He promised to do for the country what he as mayor did for Makati. “Ganito kami sa Makati” was a video clip occasionally shown on TV for years to imply life in Makati had become better during the mayoralty of Binay. When he declared his candidacy for president in 2016, he ran under the slogan “Gaganda ang buhay kay Binay.” The slogan worked as Binay topped the polls for a long time.

But detractors of Binay twisted the slogan into something like “Gumanda ang buhay ng mga Binay nung namuno sila sa Makati.” Perturbed by the prospect of a Binay presidency, some politicians floated the name of Grace Poe as the alternative to Binay. When she launched her candidacy, she promised to continue what her adopted father, Fernando Poe, Jr., had started. She topped the polls after a few weeks on the campaign trail.

But then Binay’s camp questioned Poe’s eligibility for the presidency, claiming she was not a natural born Filipino citizen, that in fact she renounced the country of her birth. Not only that, she was dumbstruck when civil society groups asked what her father started that she would continue. The new surveys showed Binay in the lead again. Then came the Senate investigation of the alleged overpricing of the Makati City Hall Parking Building II. Binay’s survey ratings dipped, Poe emerging as the leading candidate.

Soon after, Rodrigo Duterte joined the fray. Promising to bring change in the governance of the country by making fearless decisions and fast action like he did as mayor of Davao City, in contrast to the laid-back style of then incumbent president Noynoy Aquino, Duterte became the frontrunner in the polls.

In interviews with television talk show hosts, Lacson said that by April 2022 the polls would indicate who among the opposition candidates has been the consistent leader. But, as pointed out above, results of surveys become known three to four weeks after the actual interviews. Therefore, survey results known in April are from the information gathered in March. What the candidates do and not do, what they say or not say in the 30 to 40 days preceding Election Day will determine to a large extent if their quest for the highest office of the land would be successful.

The candidates have little, if any, time to recover from a serious blunder like an act of arrogance or poor taste, an utterance of ineptitude or ignorance. How presidential candidates Jejomar Binay and Grace Poe comported themselves and what they said in the COMELEC-organized debates were close to a debacle for them.

Binay said that the charges of anomalies leveled against him were no more than gratuitous charges any detractor of his can make. When his political enemies claimed that the birthday cakes the City of Makati gave senior citizens were supplied by a company owned by his children, he quickly disproved the claim by presenting legal documents showing Erlinda and Kim Chong as owners of the company supplying the cakes. But when a surveyor, a property appraiser, an architect, and Commission on Audit (CoA) special auditors alleged that he and his son Jun Jun had overpriced the Makati City Hall Building II, he could not present incontrovertible evidence to belie the charges.

As regards Poe, she was very vague about her stand on the coco levy fund and flip-flopped on the issue of former president Ferdinand Marcos, principal sponsor at the wedding of her adoptive parents, being buried in the Libingan ng mga Bayani. She also had difficulty explaining her assertion of unwavering allegiance to the Republic of the Philippines because her husband and her children remained American citizens. She owned a house in California worth about $971,000 that she could always go back to if things did not work out here according to their plans.

Also, at that point the dirty tricks unit of some candidates would be busy preparing to drop the bomb on the target of demolition. In the past, bombs like the exposure of an illicit lover, a bastard child, or hidden ill-gotten wealth, were dropped just days before Election Day, too late for the bomb victim to refute, deflect, or extenuate the misdeeds and faults ascribed to him or her.

In 2010, the leading presidential candidates Noynoy Aquino and Manny Villar were targets of such bombs — a psychiatrist report on his mental state in the case of Aquino and a magnificent palace in Salt Lake City, USA in the case of Villar. The bombs turned out to be duds well before Election Day. Still, they caused the two targets anxiety. Basing the choice of the united opposition’s candidate on who leads in the polls in April 2022, as proposed by Lacson, is not practical.

The Lacson proposal was ill-conceived. Vice-President Robredo had good reasons for rejecting it outright.

Oscar P. Lagman, Jr. is a retired corporate executive, business consultant, and management professor. He has been a politicized citizen since his college days in the late 1950s.

As Kabul falls, the burqa shops of Afghanistan get busy

August 16, 2021 | 7:41 pm

AN-AFGHAN-BURQA-SHOP — AN AFGHAN BURQA SHOP — FLICKR.COM-SIGARHQ

AS THE TALIBAN entered the Afghan capital of Kabul on Sunday, university lecturers gathered their female students for some final goodbyes. Telling the shocked young women “we may not meet again,” the lecturers, along with everyone else, were evacuated, and the universities, along with schools, offices, and shops, were shuttered.

I spoke by phone with Aisha Khurram, one of those students whose academic dreams have been cut short. There are thousands more like her. The 22-year-old is in the final semester of her international relations degree at Kabul University. With just two months left, she says, “now it seems I will never graduate.” Her monograph was on United Nations Security Council reforms and how they’ll affect special missions in countries like Afghanistan. Just one more thing the world will be deprived of now the Taliban are back in power.

In Herat, the country’s third largest city, which fell to the Taliban on Thursday, girls who showed up at their universities were turned away, Khurram says. “The education system is collapsing.”

There is, however, one business that is booming. In the provinces, burqa shops are reopening and the thick, blue garments that cover a woman’s body from head to toe — the repressive symbol of the Taliban’s previous rule — are becoming an expensive, must-have item. Though not for everyone.

“I am seeing a lot of women who did not experience the previous Taliban period who are saying ‘we will not adopt this oppressive dress,’” says Khurram, who was the Afghan Youth Representative to the United Nations in 2019. “I do not know what will happen to the younger generation of Afghan women. They were coding. They were so brilliant. Now they are all sitting at home wondering what will happen. This generation formed the modern Afghanistan.”

There’s a meeting of Taliban and Afghan government leaders in Doha on Monday, where negotiations are expected to take place for a peaceful transfer of power. All the citizens of Afghanistan can do is wait and worry. There were reports Sunday of dozens of helicopter flights over Kabul as the US and other nations rushed to evacuate their citizens, leaving Afghans to their fate.

So, this is where we are: The Taliban now hold most of the country, from the provinces to the regional capitals, the border crossings with most of the six neighboring countries and now, the capital, well before the full withdrawal of US troops on Aug. 31. It has instructed its fighters to stay at the gates of Kabul until talks have concluded, although footage of the group’s leaders in the presidential palace late Sunday was symbolic of just how far citizens’ democratic dreams have fallen.

That is the stark reality for Afghans, including the thousands of displaced people who’ve poured into the capital to escape the group’s draconian rule, as reports filter in of ugly reprisal killings, women ordered from their workplaces and into their homes, men told to grow beards and girls forbidden from attending school. In the tried-and-true playbook of militia all over the world, young men are pressured to join their ranks, their dreams of a better future evaporating with those of their sisters. We are straight back to the 1990s.

Despite the very real risk, many Afghans are continuing to speak out, with some, like Muska Dastageer, a lecturer at the Kabul-based American University of Afghanistan, directly engaging with Taliban spokesmen on Twitter. “Afghans are done being victims. Afghan women will not hide. We will not be afraid,” Dastageer tweeted to Suhail Shaheen, a member of the group’s negotiating committee. “The glare of the whole world is on Afghanistan, on Kabul, on Taliban and what they do.”

It’s hard to avoid the word “betrayal.” From the moment former President Donald Trump approved the deal between the US and the Taliban — signed on Feb. 29 last year — that excluded the elected Afghan government, the writing was on the wall. It called for an initial drawdown of US troops and the release of 5,000 Taliban prisoners. In exchange, the Taliban pledged to cut ties with all terrorists, prevent Afghan territories from becoming militant havens and to engage in peace talks that were meant to lead to a ceasefire and an end to decades of war.

They got the troop withdrawal, and many of those prisoners who were released have since taken up arms and helped the group seize power across the country. What’s missing? Any sign the Taliban will fulfill their end of the bargain. That the US and its global cheerleaders allowed this to happen will dent Washington’s diplomatic stature for years to come.

President Ashraf Ghani, whose government — mired in allegations of corruption and incompetence — failed to either anticipate the Taliban’s rapid advance or unite the country’s powerful warlords behind the Afghan National Army, reportedly left the country Sunday with a coterie of aides.

For now, people are in shock, Khurram says. There are no tears — no one understands what to feel any more. Traffic choked the capital, as panicked residents raced to reach the safety of home. The electricity has been out since Sunday morning, so it’s only those with power who can watch TV news and monitor Twitter for any signs of what the Taliban might do next. “People want to leave but the borders are closed.”

BLOOMBERG OPINION

Growth and long-term energy supply

August 16, 2021 | 7:35 pm

The 11.8% gross domestic product (GDP) growth in the second quarter (Q2) 2021 was celebrated with fanfare by the government and the ruling political party as “proof” that they are doing the right thing in guiding the economy out of prolonged recession. But this is not a good way to look at it.

One, there is the base effect. The GDP contraction in Q2 2020 was so deep, -17%, that any mild increase this year can lead to high percentage increase.

Two, the actual GDP level at 2018 constant prices: Q2 2018, P4.72 trillion; Q2 2019, P4.99 trillion; Q2 2020, P4.14 trillion; Q2 2021, P4.63 trillion. So, the actual flow of goods and services in Q2 2021 is even lower than Q2 2018.

Three, the GDP level by semester 1: first semester 2021’s P8.886 trillion is even lower than first semester 2018’s P8.936 trillion. And household consumption, which comprises 74% of total GDP, and investments, which make up 19% of GDP, suffered deep contractions in value (see Table 1).

On June 30, it was reported in BusinessWorld that, “ERC alters basis for triggering price caps to 72-hour average” or from five to only three days. As regular readers of this column notice, price controls, price caps, price dictatorships, are among the policies that turn me off. Goods and services available at varying prices and qualities are ideal for customers, very pro-consumer. Cheap but not available goods are anti-consumer.

The Energy Regulatory Commission (ERC) is misguided in keeping low the secondary price cap so that new peaking plants will hardly be built. They also added regional secondary caps of high voltage direct current (HVDC).

The ERC reasoned out that despite the low secondary price cap, there are still thousands of megawatts (MW) of committed and indicative power plantscoming in. But the ERC is silent about the fact that even in lockdown 2021 there were still red-yellow alerts, and even an actually rotating blackout last June 1. Meaning that supply capacity is thin and inadequate.

Ensuring long-term sustainability of growth in the country needs ample energy supply (see Table 2).

The good thing among the committed projects until 2027 is that coal will still play a dominant role as it is cheap and easily available. Natural gas comes next in the form of imported liquefied natural gas (LNG) and it is also good, provided that no favoritism be given to it like the mandatory off-take provision of Malampaya gas.

For the indicative projects, while there are 4,449 MW from coal and 4,700 MW from natural gas, the bulk of the increase will really come from solar, hydro, and wind.

And that is where big problems will show up someday. Intermittent and unstable energy that will require non-cheap batteries aspiring to be the dominant energy source in the country will push up electricity generation prices, and push transmission prices up as the grid system operator must get more ancillary services.

Market-based power supply-demand has been distorted by various agendas. But some provisions like the Retail Competition and Open Access under the Electric Power Industry Reform Act (better known as EPIRA) RA 9136, and Green Energy Option Program under Renewable Energy law RA 9513 also drive this high demand for the intermittent. So long as people will walk the talk, and pay higher without seeking subsidies from the rest of electricity consumers, this will be fine.

Bienvenido S. Oplas, Jr. is the Director for Communication and Corporate Affairs, Alas Oplas & Co. CPAs

nonoyoplas@alasoplascpas.com

Olympian Eumir Marcial set for possible pro fight later this year

August 16, 2021 | 6:39 pm

By Michael Angelo S. Murillo, Senior Reporter

FOLLOWING his successful foray in the recent Tokyo Olympics, bronze medal-winning boxer Eumir Felix D. Marcial is set for a return fight as a professional before the year ends, his promotion said.

Speaking on the Power & Play program on Saturday, Sean Gibbons, president of Manny D. Pacquiao-led MP Promotions, said they are working on a possible fight for Mr. Marcial, 25, to resume his professional career and build on the gains he had in the Olympics.

Mr. Gibbons said they are hoping to bring the Filipino boxer to the United States sometime in September to start his training and finalize a potential fight.

“He’s going to be in the ring, having another pro fight by the end of the year. That’s for sure,” Mr. Gibbons said.

Mr. Marcial signed with MP Promotions in the middle of last year just as he was in the midst of his preparation for the Olympics.

There was no conflict in it as professional boxers are now allowed to compete in the quadrennial Games.

After signing up to be a pro, Mr. Marcial went to the States and trained at the Wild Card Gym under famed boxing coach Freddie Roach.

He had his first pro fight in December where he convincingly won over American Andrew Whitfield by unanimous decision.

Mr. Marcial then returned to the country to continue his preparation for Tokyo, where he eventually reached the semifinals of the middleweight division.

He lost to Ukrainian Oleksandr Khyzhniak in the semis by split decision but not after putting up a gallant stand in an action-packed encounter that could have easily gone the other way. For his efforts, he got bronze.

While admitting to hoping that Mr. Marcial would win gold, Mr. Gibbons said they at MP Promotions are nonetheless proud of what he has achieved, especially after seeing how he performed throughout the Olympics.

“I’m very impressed and proud of Eumir. He was winning the fight [against Khyzhniak] going into the third round, he just couldn’t make a few adjustments,” Mr. Gibbons said.

Adding, “I’m happy for what he has achieved, winning a medal, making the Philippines proud, his family proud, himself proud. And the Senator (Pacquiao) and myself are very proud of what he accomplished.”

Mr. Marcial said that after competing in the Olympics, he is still determined to represent the country in different international competitions if given the opportunity despite being a professional boxer.

Meanwhile, it has been a busy two weeks for MP Promotions as fighters under it are scheduled for a couple of world title fights.

First to see action was World Boxing Organization (WBO) bantamweight champion John Riel Casimero, who successfully defended his title on Sunday (Manila time) against Cuban challenger Guillermo Rigondeaux by split decision.

Up next is Mr. Pacquiao on Aug. 22 where he will try to get back the World Boxing Association (WBA) welterweight belt from Yordenis Ugas also of Cuba.

Analyst laments how Casimero’s WBO bantamweight title fight did not live up to expectations

August 16, 2021 | 6:39 pm

CasimeroRigo — THE recent WBO bantamweight title fight between Filipino champion John Riel Casimero and Cuban challenger Guillermo Rigondeaux did not live up to expectations as it featured very little action as hoped.— REALFIGHTPH

LIKE most who got to witness the World Boxing Organization (WBO) bantamweight title fight between Filipino champion John Riel Casimero and Cuban challenger Guillermo Rigondeaux on Sunday, one local fight analyst was left disappointed for how the showdown did not live up to expectations.

“I expected it to be really competitive,” lamented analyst Nissi Icasiano following the 12-round encounter in California, which ended in a split-decision victory for Mr. Casimero but featured very little action as hoped.

The outcome left many wanting after Mr. Rigondeaux seemingly decided to circle around the ring for most of the time.

Mr. Casimero, 31, tried to bring the fight to his opponent but with not much success as he kept chasing his opponent.

The fight statistics showed how little action the headlining fight had, with both fighters not even landing 50 punches throughout the contest.

Mr. Rigondeaux connected on 44 punches out of 221 throws (19.9%) while Mr. Casimero had 47-of-297 (15.8%).

Two judges scored the fight for the Ormoc City native Mr. Casimero, 116-112 and 117-111, and one went for 40-year-old Mr. Rigondeaux, 115-113.

Mr. Icasiano said definitely people did not get their money’s worth on said fight but mentioned that perhaps it was bound to happen considering the different fighting styles of the boxers.

“[I think] that’s what you get when you have two boxers with contrasting styles. If you’re well acquainted with Guillermo Rigondeaux, that shouldn’t surprise you. That’s his usual approach. He made Casimero chase him, and he also made Casimero miss on many occasions during the fight,” he said.

But the analyst asserted that despite the contrasting styles, the protagonists could have performed far better than what they put up last weekend.

“Rigondeaux demonstrated his tremendous footwork over the course of 12 rounds, the problem though was he didn’t put it into good use. The Cuban was hesitating to pull the trigger. With the opening and angles that his footwork created for him, Rigondeaux opted not to score punches. I can’t wrap my mind around that. He knows that he is the more refined boxer with pinpoint accuracy, but the Cuban became gun-shy,” Mr. Icasiano said.

“On the part of Casimero, my only gripe was that he didn’t throw more jabs even if his corner was urging him to do so. The jabs could have helped him in his chase for Rigondeaux around the ring. It could have assisted him in limiting the Cuban to go with his aggression. It’s just one of the missed opportunities on his part,” he added.

The analyst went on to say it was interesting how the judges came up with their verdicts in light of how the proceedings unfolded.

“It’s a tough fight to score, especially for the three judges at ringside. I think the other two gave more weight to the aggression of Casimero, considering that Rigondeaux didn’t score that many punches,” Mr. Icasiano said.

In the aftermath, the analyst said Mr. Casimero should be fine as the champion and still poised for big fights against compatriot and now-rival Nonito Donaire, Jr. or undefeated World Boxing Association (WBA) and International Boxing Federation champion Naoya Inoue of Japan moving forward.

He is, however, not sure about Mr. Rigondeaux, who received the biggest flak for how his last fight went south.

“Rigondeaux’s future is up in the air after this fight. He turns 41 in September. He moved down to 118 to get bigger fights, but in a fight like this one, he failed to show up. Now that the WBA stripped him of the regular version of the bantamweight championship, it’s basically back to square one.” — Michael Angelo S. Murillo

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