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Hamilton takes eighth British win; Verstappen taken to hospital

SILVERSTONE, England — Lewis Hamilton celebrated a record eighth British Grand Prix victory on Sunday after fighting back from a 10-second penalty for a first-lap collision that halted the race and sent title rival Max Verstappen to hospital.

The Mercedes driver, now only eight points behind Red Bull’s Verstappen after 10 races, passed Ferrari’s Charles Leclerc with two laps to go as a capacity 140,000 crowd rose to cheer on their home hero.

Hamilton’s team mate Valtteri Bottas finished third after being told to let Hamilton through to chase Leclerc, who had led from the restart and was voted driver of the day.

The win was the 99th of seven-times world champion Hamilton’s Formula One career, fourth of the current campaign and one of the more controversial in his long list of achievements.

It was also the worst possible result for Verstappen, who had started on pole position with a 33-point lead but failed to complete a lap after suffering the biggest accident of his career when he crashed out at Copse corner.

Hamilton went down the inside, Verstappen moved across and they tangled wheels — the Red Bull’s rear right touching the front left of the Mercedes.

The stewards deemed Hamilton was to blame.

Red Bull team principal Christian Horner criticized Hamilton for a mistake he deemed amateur, dangerous and desperate but Mercedes boss Toto Wolff said it “takes two to tango.”

Verstappen was flown by helicopter to hospital in Coventry after initial checks at the circuit and released at 2200 local time without any major injuries, the team said.

A day that was almost a return to pre-pandemic normality, with crowds cheering in the sunshine from packed grandstands, ended with a British winner, a thrilling late chase for victory — and plenty to argue about.

It also lit a fire under the title battle, after previous pleasantries between the two rivals, with the gloves now decidedly off and Red Bull’s momentum abruptly halted after five wins in a row.

From being 44 points clear in the constructors’ championship, Red Bull are now only four ahead of Mercedes.

The front-running pair are now at daggers drawn with Red Bull accusing Hamilton of dangerous driving and the Briton highlighting Verstappen’s aggressive approach.

DREAM WIN
None of that was stopping Hamilton from celebrating with his army of fans.

“This is a dream for me today, to do it in front of you all,” Hamilton told the biggest sporting crowd in Britain since COVID-19 made its presence felt. Last year’s race was held without spectators.

“I always try to be measured in how I approach, particularly with battling with Max, he’s very aggressive. And then today, I was fully alongside him and he didn’t leave space.

“Regardless of whether I agree with the penalty, I take it on the chin and I just kept working.

“I was like ‘I’m not going to let anything get in the way of the crowd’s enjoyment of the weekend and the national anthem and the British flag.’”

Leclerc also kept his head up after missing out on Ferrari’s first win since 2019.

“I gave not 100% but I gave 200%. I gave all of me but it was just not enough in the last two laps,” said the Monegasque. “Congratulations to Lewis, he did an incredible job.”

There was no point awarded for fastest lap, with Red Bull’s Mexican Sergio Perez setting it and then retiring with no prospect of the top 10 finish that would have triggered the bonus.

The main aim at that point, however, was to keep it out of Hamilton’s hands.

McLaren’s Lando Norris gave the fans more to cheer about with fourth place, a result that lifted him to third in the standings, ahead of Australian team mate Daniel Ricciardo.

Ferrari’s Carlos Sainz was sixth, his hopes hit by a stuck wheel in a slow pitstop but the points helping Ferrari narrow the gap to McLaren.

Behind them, double world champion Fernando Alonso was seventh for Renault-owned Alpine with Canadian Lance Stroll eighth for Aston Martin.

French driver Esteban Ocon made a return to the points with ninth for Alpine and AlphaTauri’s Japanese rookie Yuki Tsunoda took the final point. — Reuters

Gauff tests positive for COVID-19, to miss Tokyo Games

AMERICAN Coco Gauff will not compete in the Tokyo Olympics after testing positive for coronavirus disease 2019 (COVID-19), the 17-year-old said on Sunday.

Gauff was set to become the youngest Olympic tennis player since 2000, but instead joins a number of the world’s top players who have already pulled out of the Tokyo Games.

“I’m disappointed to share the news that I have tested positive for COVID and won’t be able to play in the Olympic Games in Tokyo,” world number 25 Gauff, who was going to compete in both the singles and doubles competitions, said on Twitter.

“It has always been a dream of mine to represent the USA at the Olympics, and I hope there will be many more chances for me to make this come true in the future.”

The Tokyo Games, pushed back by a year due to the COVID-19 pandemic, are scheduled to begin on Friday.

The announcement by Gauff, who last competed at Wimbledon where she lost in the last 16, comes two days after Australian tennis player Alex de Minaur tested positive for COVID-19 prior to his departure for the Tokyo Olympics.

Some of the sport’s biggest names, including Rafa Nadal, Roger Federer, Serena Williams, Simona Halep, Dominic Thiem, Stan Wawrinka and Nick Kyrgios have already announced their decision to skip the Games. — Reuters

Two-thirds of Japanese doubt pandemic Olympics can be safe, says poll

TOKYO — Two-thirds of people in Japan do not believe the country can host a safe and secure Olympics amid a fresh wave of coronavirus infections, according to a survey published by the Asahi newspaper just four days before the opening ceremony in Tokyo.

In the poll, 68% of respondents expressed doubt about the ability of Olympic organizers to control coronavirus infections, with 55% saying they were opposed to the Games going ahead.

Three-quarters of the 1,444 people in the telephone survey said they agreed with a decision to ban spectators from events.

As COVID-19 cases rise in Tokyo, which is under a fourth state of emergency, public concern has grown that hosting an event with tens of thousands of overseas athletes, officials and journalists could accelerate infection rates in Japan’s capital and introduce variants that are more infectious or deadlier.

International Olympic Committee President Thomas Bach has said he hopes the Japanese public will warm to the Games once competition begins and as Japanese athletes begin winning medals. The Tokyo Olympics run July 23 through Aug. 8.

Games officials on Sunday reported the first COVID-19 case among competitors in the athletes’ village in Tokyo where 11,000 athletes are expected stay during the Games. Since July 2, Tokyo 2020 organizers have reported 58 positive cases among athletes, officials and journalists.

Any major outbreak in the village could wreak havoc on competitions because those either infected or isolating would not be able to compete. Olympic officials and individual event organizers have contingency plans to deal with infections among athletes.

On Sunday, six British track and field athletes along with two staff members were forced to isolate after someone on their flight to Japan tested positive for COVID-19.

“Many athletes may have parties or ceremonies before they go to Tokyo where there may be cheering or greeting. So they may also have a risk to get infected in their own countries,” said Koji Wada, a professor at Tokyo’s International University of Health and Welfare and an adviser on the government’s coronavirus response.

The latest surge in cases in Tokyo comes after four earlier waves, the deadliest of which was in January. New COVID-19 cases in Tokyo reached 1,410 on Saturday, the most since the start of the year, with new infections exceeding 1,000 for five straight days.

Most of those new cases are among younger people, as Japan has succeeded in getting most of its vulnerable elderly population vaccinated with at least one shot, although only 32% of the overall population has so far received one.

As the start of the Olympics neared, Tokyo on Monday imposed road traffic restrictions, designating reserved lanes for Olympic officials, athletes and journalists traveling between sites.

Transport authorities also hiked toll charges by ¥1,000 ($9.08) for private vehicles using the network of elevated expressways that snake through the city in a bid to reduce traffic during the Games. — Reuters

Yes, you can still get COVID after being vaccinated, but you’re unlikely to get as sick

When a COVID cluster includes people who are vaccinated against the virus, we inevitably hear rumblings of complaint from people who wonder what the point is of vaccination.

But when you read past the headlines, you usually see the answer: in most cases, those who were vaccinated and contracted COVID-19 didn’t die, didn’t develop severe symptoms and didn’t need to be hospitalized.

For unvaccinated Australians in their later years, the chance of dying from COVID is high. For unvaccinated people in their 80s, around 32% who contract COVID will die from it. For people in their 70s, it’s around 14%. (For unvaccinated people in their 60s, it drops to around 3%. And for under-50s, it’s less than 1%.)

The good news is both Pfizer and AstraZeneca are very effective at preventing severe disease and death from COVID-19, even from the more virulent Delta strain.

SO HOW EFFECTIVE ARE OUR VACCINES?
Preliminary data from the United Kingdom shows after your first dose of either Pfizer or AstraZeneca, you’re 33% less likely than an unvaccinated person to contract the Delta variant.

Two weeks after your second dose, this rises to 60% for AstraZeneca and 88% for Pfizer. This data is for any form of COVID-19, from mild to severe.

But when you look at how much the vaccines reduce your risk of developing severe illness that requires hospitalization, the coverage is high for both. Pfizer and Astrazeneca vaccines are 96% and 92% effective (respectively) in preventing Delta variant hospitalizations.

WHY DO SOME PEOPLE STILL GET COVID AFTER BEING VACCINATED?
Vaccines aren’t magic barriers. They don’t kill the virus or pathogen they target.

Rather, vaccines stimulate a person’s immune system to create antibodies. These antibodies are specific against the virus or pathogen for the vaccine and allows the body to fight infection before it takes hold and causes severe disease.

However, some people won’t have a strong enough immune response to the vaccine and may still be susceptible to developing COVID-19 if exposed to the virus.

How a person responds to a vaccine is impacted by a number of host factors, including our age, gender, medications, diet, exercise, health and stress levels.

It’s not easy to tell who hasn’t developed a strong enough immune response to the vaccine. Measuring a person’s immune response to a vaccine is not simple and requires detailed laboratory tests.

And while side effects from the vaccine indicate you’re having a response, the absence of symptoms doesn’t mean you’re having a weak response.

It also takes time for the immune system to respond to vaccines and produce antibodies. For most two-shot vaccines, antibody levels rise and then dip after the first dose. These antibodies are then boosted after the second.

But you’re not optimally covered until your antibody levels rise after the second dose.

WHAT DOES COVID LOOK LIKE AFTER BEING VACCINATED?
The PCR tests we use to detect SARS-CoV-2, the virus that causes COVID-19, are very sensitive and can detect a positive case even if you have low levels of the virus in your system. This means a person can test positive for SARS-CoV-2 but still not have symptoms of COVID-19.

Of those vaccinated people who have reported symptoms, the vast majority report mild ones, with a shorter duration.

There is always a chance a vaccinated person could pass the virus onto a non-vaccinated person without having symptoms themselves.

But vaccinated people who develop COVID-19 will likely have a lower viral load than unvaccinated people, meaning they’re less likely to spread the virus.

One study estimated those who were vaccinated with either Pfizer or AstraZeneca were 50% less likely to pass it on to an unvaccinated household contact than someone who wasn’t vaccinated. This transmission will likely reduce again if both household members are vaccinated.

But if you’re not vaccinated and contract COVID-19, you’re much more likely to spread the virus.

WHAT ABOUT FUTURE VARIANTS?
So far, the preliminary data (some of which is ongoing and/or yet to be peer reviewed) shows our current vaccines are effective at protecting against circulating variants.

But as the virus mutates, there is increasing chance of viral escape. This means there is a greater chance the virus will develop mutations that make it fitter against, or more easily able to evade, vaccinations.

Scientist are closely monitoring to ensure our current and/or future vaccines are effective against the circulating strains.

To help the fight against COVID-19 the best thing we can do is minimize the spread of the virus. This means get vaccinated when you can, ensure you maintain social distancing when required and get tested if you have any symptoms.

 

Lara Herrero is the Research Leader in Virology and Infectious Disease at Griffith University.

New survey firm to provide better insights

KATEMANGOSTAR-FREEPIK

A new survey firm was launched in an online forum on June 30. BOSES Pilipinas, which stands for Boses, Opinyon, Siyasat, at Siyensya para sa Pilipinas (Voices, Opinions, Research, and Science for the Philippines), promises to help Filipinos make informed decisions not only for the country’s next batch of leaders but also on issues affecting their daily life.

It aims to “secure the Filipinos’ voice on significant public policy issues,” Dr. Imelda Delina of BOSES Pilipinas, said. “Our unit would like to contribute further by deepening our understanding of public opinion not only to know what they are, but the whys and how they arrive at these opinions,” she added.

While the Ateneo School of Government and its public policy think tank, the Ateneo Policy Center, conceived of BOSES Pilipinas, experts from different universities and institutions in political science, economics, psychology, and mass communication, to name a few, will be invited to collaborate in gaining a deeper understanding of Filipino voters.

BOSES Pilipinas will adopt the use of both numbers-based and observation-based methods of study to collect data from its survey participants. Results of interviews will be intertwined with observations, analysis of media content, and focus group discussions to strengthen research findings.

“We are duty-bound to observe the highest standards of rigor, transparency and ethical conduct in our work. Our surveys will only be conducted after undergoing a university review, approval of our survey protocols and complying with ethical guidelines,” Dr. Delina elaborated. As the COVID-19 pandemic has made face-to-face interviews of randomly selected respondents difficult, the survey firm will use online, game-based surveys on social media to elicit responses.

I hope the new survey firm will provide new and better insights into the thinking of Filipinos with regard to issues with national implications. I have written here more than once that public opinion surveys are not useful in these times because the results of the surveys do not really reflect the true sentiments of the people. It is not that Social Weather Stations (SWS) and Pulse Asia do not report what their survey respondents say. I am sure they record and report faithfully what their respondents tell them. I hold it is the respondents who do not express what their true sentiments are.

I find it hard to believe that they are really satisfied with the performance of the President when he himself has admitted that he has failed to fulfill his campaign promises of eliminating the drug trade in six months, eradicating corruption, and reducing the crime rate. Not only that, he has displayed arrogance towards the common people as when he growled at jeepney drivers, “You’re poor? Son of a bitch, go ahead, suffer in poverty and hunger, I don’t care.”

Many survey respondents do not express their true sentiments because they are afraid to say something negative about President Duterte or are reluctant to say something favorable to his critics and political opponents. The President has shown a disdain for opposition to his agenda and to criticism. He has been harsh to those who reproached or opposed him like Senator Leila de Lima, Supreme Court Chief Justice Maria Lourdes Sereno, and news editor Maria Ressa. He has shamed publicly broadcast reporters who have rendered unfavorable reports about his decisions. He had caused ABS-CBN to be taken off the air.

Interviews are conducted face-to-face. The respondent’s name and address are written by the interviewer for purposes of verification of the interview by survey auditors. However, the respondent may be suspicious of the true purpose of the interviewer, a total stranger to him. To play it safe, respondents give answers pleasing to the President.

SWS and Pulse Asia have taken cognizance of this fear. SWS found out through its July 2020 National Mobile Phone Survey that 51% of Filipinos believe it is dangerous to print or broadcast anything critical of the administration, even if it is the truth. Last year, Pulse Asia President Ronnie Holmes admitted that fear cannot be ruled out as possibly influencing survey results. According to him, the interviewers note that respondents take time to answer sensitive questions.

Some political pundits claim survey respondents are not truly representative of the population. SWS and Pulse Asia draw their respondents at random so that the entire lot (it is called the sample in public opinion polling) is representative of the voting population. SWS’ and Pulse Asia’s sampling methods are in accordance with accepted general practice in the field of public opinion polling.

Precisely because the respondents are truly representative of the entire voting population that contradictions between the respondents’ positive perception of the President’s performance and the dire state of the nation surface. That is because the great majority of the respondents are not competent to pass judgment on the performances of public officials and government institutions.

According to the Philippine Statistics Authority (PSA), the Philippine population breaks down into 1% AB, 9% C, 60% D, and 30% E. If the sample of 1,200 respondents is representative of the voting population, as it should be, then only 12 respondents come from the socio-economic class AB and 108 from Class C. The bulk of the interviews therefore come from among the lower socio-economic classes — 720 from class D and 360 from class E.

The PSA describes the D class as the class who basically thrive on a hand-to-mouth existence and the E class as the class who face great difficulties in meeting their survival needs. Maybe it can be safely assumed that based on their circumstances in life, the highest educational attainment of the 1,080 respondents from the lower classes do not go beyond Grade 6.

The usual wording of the question asked in surveys about the President’s performance is as follows: “Are you very satisfied, somewhat satisfied, undecided if satisfied or dissatisfied, somewhat dissatisfied, very dissatisfied, or you have not ever heard or read anything about Rodrigo Duterte?”

We cannot tell what those who find President Duterte’s performance satisfactory base their opinion on. They are not asked why they are satisfied with his performance. It is not improbable that a large number of respondents do not understand the question at all. Not to appear ignorant of political issues they simply choose from the possible answers presented them the one they feel is a safe answer, like what they think the interviewer wants to hear or what would be pleasing to the President.

The results of a survey conducted by SWS in 2018 may give us an idea of the validity of survey results. SWS asked: Based on their overall performance, how do you feel about the performance of the Supreme Court and the Cabinet? Are you Very satisfied, Somewhat satisfied, Undecided if satisfied or not, Somewhat dissatisfied, Very dissatisfied.

The results of the survey showed the majority of the citizens belonging to the poorest economic class are satisfied with the Supreme Court and the Cabinet. The results can only be a collection of guesses. It is highly improbable that the uninformed or poorly informed people from the poorest economic class know what the Supreme Court and the Cabinet do or what they are. I venture to say if the same respondents were asked how they feel about the performance of Victoria Court and Polaris Steel Cabinet and presented the same possible answers, they would answer “satisfied.”

To extract more accurate information about the people’s opinion of the performance of the President, other high-ranking officials, and government institutions, I suggested to SWS that in addition to the first question on the degree of satisfaction about the President’s performance, this question should also be asked: What makes you feel the way you do about the performance of (name of official or institution)?

The suggestion was not heeded. I hope BOSES Pilipinas will provide not only the honest opinions of the people but why and how they arrive at those opinions.

 

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.

More vaccination, more cases, why?

Among the perplexing trends recently in the fight against COVID-19 is that as countries’ vaccination rates (at least one dose given) increase, the number of COVID-19 cases also increase.

I checked the data from Worldometers, here are some countries with rising COVID cases until around July 17:

1.) Slight uptick — the US, Austria, France, Italy, Turkey, Israel, Lebanon;

2.) Medium uptick — Iran, Mexico, Colombia, Japan, Pakistan, South Africa, Portugal, Greece, Morocco, Saudi Arabia, Panama, Kuwait;

3.) High uptick — South Africa, Afghanistan, Kyrgyzstan, Mongolia.

But these countries in Figure 1 really have steep increases in cases — the UK, Spain, Netherlands, Cyprus — and they have high vaccination rates of at least 56% of their total population. Also six ASEAN countries.

Vaccination rates, as of July 17: Netherlands 67.7%, Cambodia 34.5%, South Korea 31.5%, Malaysia 29.6%, Kazakhstan 25.8%, Russia 21.8%, Thailand 15.4%, Indonesia 15.1%, and Vietnam 4.1%.

As of July 15: the UK 68.0%, Spain 62.1%, Cyprus 55.8%, the Philippines 9.2%; Bangladesh 3.5% (July 13), Myanmar 3.4% (June 5). Source: https://ourworldindata.org/covid-vaccinations?country.

Why?

There are many possibilities and for me the main reason is that the people’s natural immunity (especially the young and healthy) against mutating viruses and bacteria has been compromised by first, indefinite lockdown and stay home orders, and, second, by supposedly vaccine immunity.

Indefinite stay at home and mobility restrictions disallow people from getting more sunlight, more outdoor exercise. And all those vaccines, invented only in 2020 or in just few months with no long-term studies, no studies over many years if not decades on real safety and efficacy, may be spiking the virus to further mutate while the people’s innate immunity is being compromised.

In the US for instance, Vaccine Adverse Event Reporting System (VAERS) data from the Centers for Disease Control and Prevention (CDC) showed a total of 463,457 reports of adverse events from all age groups following COVID-19 vaccines, including 10,991 deaths and 48,385 serious injuries between Dec. 14, 2020 and July 9, 2021 (https://childrenshealthdefense.org/defender/vaers-deaths-injuries-reported-cdc-covid-vaccines-moderna-pregnant-women/).

Viruses and bacteria naturally mutate, humans also naturally mutate to the changing environment, from microscopic organisms to natural climate change, warming-cooling cycle for centuries and millennia.

Humanity — Asians and Filipinos in particular — has experienced many virulent viruses in recent past, like the Asian flu (1957-58), Hong Kong flu (1968-69), AIDS (1980s to present), SARS 1 (2003-2004), H1N1 (2009-2010), MERS (2013-2014). Yet the human population keeps expanding and life expectancy keeps increasing.

Data from the Philippine Statistics Authority (PSA) population census 2020 (released on July 7) show that the country’s population continues to expand by 16-17 million people per decade, or about 1.65 million per year, net of death and migration. Death statistics 2020 (released on June 18) show less deaths, from an average of 1,700 deaths per day in 2019 to 1,680 per day in 2020 (see Figure 2).

Three points to derive from the above data and numbers.

One, since many countries experience further spikes in COVID-19 cases as their vaccination rates keep rising, expanding vaccination to the young and healthy, especially those below 20 years old, should be reconsidered if not temporarily halted pending results of medium- to long-term studies on safety and efficacy. And plans by many governments to have mandatory vaccination, explicit (via legislation) and implicit (via discrimination) should be dropped.

Two, the Philippines has a big and young population with a huge productive capacity but which is restrained by the indefinite lockdown and mobility restrictions. The lockdown should end and allow the people more economic freedom to be productive.

Three, the decrease in deaths in the Philippines in 2020 was mainly due to reduced fatalities in road accidents and crimes. But this is not justification for continued lockdown because the economic damage has been severe. Economic freedom, people having regular jobs and stable incomes, is still the best way to improve their health, natural immunity, and economic wellbeing.

 

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

nonoyoplas@alasoplascpas.com

Disclosure of shareholders’ voting results and publication of the minutes of stockholders’ meetings

Recommendation 13.3 of the Corporate Governance (CG) Code for Publicly-Listed Companies (PLCs) provides that “The Board should encourage active shareholder participation by making the result of the votes taken during the most recent Annual or Special Shareholders’ Meeting publicly available the next working day. In addition, the Minutes of the Annual and Special Shareholders’ Meeting should be available on the company website within five business days from the end of the meeting.”

Unlike in the field of public CG, where the law mandates that government-owned and -controlled corporations shall set-up and maintain a website and post therein for unrestricted public access the audited financial statements, current operating budgets, complete compensation packages for board members, etc., nothing in the Revised Corporation Code of the Philippines (RCCP) mandates corporations registered with the Securities and Exchange Commission (SEC) to set-up and maintain company websites. It is under the aegis of the Securities Regulation Code and the Philippine Stock Exchange (PSE) rules that require PLCs to put up company websites wherein they comply with their obligations of full disclosure.

Section 49 of the RCCP seeks to “approximate” the CG best-practices under Recommendation 13.3 by mandating that “At each regular meeting of the stockholders or members, the board of directors or trustees shall endeavor to present to the stockholders or members” the “minutes of the most recent regular meeting which shall include among others:

“1.) A description of the voting and vote tabulation procedures used in the previous meeting;

“2.) A description of the opportunity given to stockholders or members to ask questions and a record of the questions asked and answers given;

“3.) The matters discussed and resolutions reached;

“4.) A record of the voting results for each agenda item;

“5.) A list of the directors or trustees, officers and stockholders or members who attended the meeting; and,

“6.) Such other items that the [SEC] may require in the interest of good corporate governance and the protection of minority stockholders.”

It should be pointed out that the “endeavor clause” on the obligation of the Board of Directors to disclose and make available the foregoing items or to comply with periods provided under Recommendation 13.3 may be transformed into mandatory undertakings by the SEC simply by adopting appropriate rules relating to such matters and invoking its power to imposed administrative sanctions under Section 158 of the RCCP.

ALTERNATIVE DISPUTE RESOLUTION FOR INTRA-CORPORATE DISPUTES
Recommendation 13.4 provides that “The Board should make available, at the option of a shareholder, an alternative dispute mechanism to resolve intra-corporate disputes in an amicable and effective manner. This should be included in the company’s Manual on Corporate Governance.”

The Explanation to Recommendation 13.4 provides that it is important for the shareholders to be well informed of the company’s processes and procedures when seeking to redress the violation of their rights; that putting in place proper safeguards ensures suitable remedies for the infringement of shareholders’ rights and prevents excessive litigation.

Section 181 of the RCCP mandates that an arbitration agreement may be provided for in the articles of incorporation or bylaws of a corporation, and that when such arbitration agreement is in place, then the following rules and procedures shall apply, thus:

a.) On Whom Binding: The arbitration agreement shall be binding on the corporation, its directors, trustees, officers, and executives or managers;

b.) Arbitrable Issues: Disputes between the corporation, its shareholders or members, which arise from the implementation of the articles of incorporation or bylaws, or from intra-corporate relations, shall be referred to arbitration.

A dispute shall be non-arbitrable when it involves criminal offenses and interests of third parties.

c.) When Arbitrable Issue Is Filed with RTC: When an intra-corporate dispute is filed with a Regional Trial Court, it shall dismiss the case before the termination of the pretrial conference, if it determines that an arbitration agreement is written in the corporation’s articles of incorporation, bylaws, or in a separate agreement.

d.) Necessary Contents to Be Enforceable: To be enforceable, the arbitration agreement should indicate the number of arbitrators and the procedure for their appointment.

The power to appoint the arbitrators forming the arbitral tribunal shall be granted to a designated independent third party. Should the third party fail to appoint the arbitrators in the manner and within the period specified in the arbitration agreement, the parties may request the SEC to appoint the arbitrators.

In any case, arbitrators must be accredited or must belong to organizations accredited for the purpose of arbitration.

e.) Power and Authority of Arbitral Tribunal: The arbitral tribunal shall have the power to 1.) Rule on its own jurisdiction and on questions relating to the validity of the arbitration agreement; 2.) Grant interim measures necessary to ensure enforcement of the award, prevent a miscarriage of justice, or otherwise protect the rights of the parties.

f.) Arbitral Award: The final arbitral award shall be executory after the lapse of 15 days from receipt thereof by the parties.

It shall be stayed only by the filing of a bond or the issuance by the appellate court of an injunctive writ.

The SEC is expressly empowered to formulate the rules and regulations, which shall govern arbitration under this section, subject to existing laws on arbitration.

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

Japan, Korea leaders’ summit in limbo

REUTERS

TOKYO/SEOUL — Plans to hold the first in-person summit between the leaders of Japan and South Korea have hit a snag over a disparaging comment by a Japanese diplomat about the South Korean president, the latest flare-up between the fractious neighbors.

Japan’s Yomiuri newspaper reported South Korean President Moon Jae-in will visit Tokyo and hold a summit with Japanese Prime Minister Yoshihide Suga on Friday to coincide with the start of the Tokyo Olympics.

But both governments on Monday denied a meeting had been finalized, with Mr. Moon’s office citing a “last minute obstacle.”

South Korea reacted with anger and lodged a protest with Tokyo after a broadcaster on Friday quoted a senior diplomat at Japan’s embassy in Seoul as saying Mr. Moon was “masturbating” when describing the leader’s efforts to improve ties with Tokyo.

The political uproar inflamed already fraught diplomatic relations between the two countries over issues including territorial disputes and their wartime history, and cast further doubts over the hope that the Tokyo Games would be an occasion to kickstart momentum for regional cooperation.

Mr. Suga and Mr. Moon were planning to discuss issues that have strained relations over generations, including compensation for people forced to work in Japanese firms and military brothels during Japan’s 1910-1945 colonial rule, the Yomiuri report said. Japan is also planning to replace the senior Seoul-based diplomat after his reported comments regarding Mr. Moon’s dealings with Japan, the Yomiuri said.

Japan’s top government spokesperson said the ambassador cautioned his deputy over reported remarks, calling them “inappropriate.”

“The remarks were inappropriate as a diplomat, and we think it is very regrettable,” Chief Cabinet Secretary Katsunobu Kato told a regular briefing.

In response to the report on the diplomat’s removal, Mr. Kato said the foreign minister would decide on personnel issues at overseas missions, and did not provide further details.

A summit between the two leaders had not been decided but if Mr. Moon decided to visit, Japan would accommodate him, Mr. Kato added.

South Korea’s presidential Blue House said the two countries were in discussions but that there has been no decision on a trip by Mr. Moon.

“It is still uncertain whether a visit to Japan and a meeting will take place as there has been no satisfactory action taken by the Japanese side over the last-minute obstacle to a (summit) meeting,” it said in a statement.

South Korea’s vice foreign minister, Choi Jong-kun, summoned Japan’s Ambassador Koichi Aiboshi on Saturday to protest.

“He also demanded the Japanese government to promptly take tangible and due steps to prevent a recurrence of such situation,” the foreign ministry said in a statement.

Mr. Suga this month called relations between Japan and South Korea “very difficult,” adding that it was up to Seoul to provide a response to the problems.

Mr. Moon had earlier hoped the Olympics may offer an opportunity for North and South Korea to improve relations and revive peace talks, before Pyongyang announced it would not take part because of coronavirus concerns. — Reuters

Singapore advises unvaccinated people to stay home as cases rise

REUTERS

SINGAPORE — Singapore’s health ministry on Sunday “strongly” advised unvaccinated individuals, especially the elderly, to stay home as much as possible over the next few weeks, citing heightened concerns about the risk of community spread of coronavirus disease 2019 (COVID-19).

The country reported 88 new locally-transmitted coronavirus cases on Sunday, the highest daily toll since August last year, driven by growing clusters of infections linked to karaoke bars and a fishery port.

Though Singapore’s daily cases are only a fraction of the number being reported among its Southeast Asian neighbors, the jump in infections is a setback for the Asian business hub, which has successfully contained its earlier outbreaks. On July 10, it had reported no new cases.

As a precaution, authorities on Sunday shut fresh fish and seafood stalls in markets across the city-state as it tested fishmongers for COVID-19.

“We are concerned that there remain cryptic transmission chains which might continue to spread within our community. The porous nature of wet markets makes contact tracing and isolation less straightforward,” the health ministry said in a statement late on Sunday.

About 73% of Singapore’s 5.7 million population has received the first dose of a COVID-19 vaccine, but the government is pushing to get more of the elderly vaccinated, as those above 70 years of age have the lowest takeup rates at about 71%.

The rising cases prompted the city-state to tighten some restrictions on social gatherings from Monday just a week after easing them. However, it has more lenient rules for those who have been vaccinated.

As Singapore’s vaccination rates rise and it prepares to live with the virus, the government has said it will look beyond case numbers at severity of illnesses to decide on further virus measures.

Of the 243 people with COVID-19 currently in hospital, five had serious illness requiring oxygen supplementation, and one was in a critical condition in the intensive care unit. — Reuters

US surgeon general defends CDC mask lifting mandate

REUTERS

WASHINGTON — US Surgeon General Vivek Murthy stood by federal guidance that those fully vaccinated against COVID-19 no longer needed to wear masks, while blaming social media companies for fueling vaccine misinformation.

Mr. Murthy told CNN’s “State of the Union” that allowing vaccinated individuals to forgo masks also gives communities the flexibility to revert to mask mandates based on new infections and vaccination rates, as Los Angeles has done.

Nationwide, new US COVID-19 cases surged 70% this week compared with the prior seven days to an average of 30,000 new infections a day, fueled by the Delta variant. Deaths rose 26% week-over-week to an average of 250 lives lost a day, mostly in unvaccinated patients.

Mr. Murthy said that social media companies have fueled false narratives about the safety and effectiveness of COVID-19 vaccines, echoing President Joseph R. Biden’s comments that social media companies were “killing people.”

“There have been positive steps taken by these technology companies,” Mr. Murthy said. “But what I’ve also said to them publicly and privately is that it’s not enough.” Facebook defended itself against Mr. Biden’s assertion in a post, saying that it promoted authoritative information about vaccines and acted aggressively against health misinformation on its platforms.

Democratic Minnesota Senator Amy Klobuchar told CNN’s “State of the Union” that she was looking into ways to hold social companies legally responsible for vaccine misinformation and suggested some might even need to be broken up. “I am a fan of using anti-trust so we can get true competition against the dominant platforms,” Ms. Klobuchar said.

Ken McClure, the mayor of Springfield, Missouri, blamed misinformation as part of the driving force behind poor vaccination rates in his community which has experienced a huge spike in COVID-19 cases. 

“I think we’re seeing a lot spread through social media,” McClure told CBS’s “Face the Nation.” “I think we as a society and certainly in our community are being hurt by it.” — Reuters

Taiwan approves Medigen’s COVID-19 vaccine candidate

REUTERS

TAIPEI — Taiwan’s government on Monday approved the use and production of Medigen Vaccine Biologics Corp.’s COVID-19 vaccine candidate, a major step in the island’s plans to develop its own vaccines to protect against the coronavirus.

Taiwan-based Medigen said last month it was seeking a speedy emergency use authorization (EUA), from the government for its vaccine candidate after safely completing Phase II trials.

Developing its own vaccine has been a major goal of Taiwan’s government, though it also has ordered some 20 million shots from Moderna, Inc., AstraZeneca and the COVAX global sharing scheme.

The health ministry said in clinical trials in Taiwan the antibodies created by Medigen’s vaccine candidate have been proven to be “no worse than” those created by AstraZeneca PLC vaccines, and that there were no major safety concerns.

The ministry added that Medigen had to present a monthly report on safety for the vaccine candidate, MVC-COV1901, which is designed for people aged over 20, who will get two shots 28 days apart.

Health Minister Chen Shih-chung told reporters that with the EUA approved, it would now take some time for the company to ramp up its production.

“There should be a small amount of supply available in August,” he added.

The recombinant protein vaccine has been developed in collaboration with the National Institutes of Health in the United States.

Taiwan’s government in May signed deals with Medigen, and another firm developing a domestic vaccine, UBI Pharma, for five million doses each, and has agreements for another five million each, for a total of 20 million shots. 

The EUA for UBI’s vaccine candidate is still pending.

Taiwan has massively ramped up its vaccination programme in the last month following the donation of almost 6 million vaccine doses from Japan and the United States and the gradual arrival of vaccines directly ordered from manufacturers.

Around 20% of Taiwan’s 23.5 million people have received at least one of the two-shot vaccine regimen. — Reuters

JobStreet launches online job-seeking event for Filipinos

Image via JobStreet

Online job search website JobStreet launched “Job To Cart,” an online event that will make more than 73,000 career opportunities accessible to Filipino applicants via their website and Facebook page. 

From July 26 to 30, in addition to shoutouts of jobs available on the platform, there will be chatbots that can guide jobseekers through the application process and live chat features allowing direct, on-the-spot communication with hirers. 

As of this April, 4.14 million Filipinos are still looking for jobs because of the impact of the pandemic, according to JobStreet Philippines’ country manager Philip A. Gioca, who zeroed in on the word “languishing” as a descriptor for those struggling from the loss of income the past year and a half.

“However, we see that there’s a surge in jobs as we move forward, especially in the beginning of this year,” he added during the event’s press launch. 

The five-day event will showcase thousands of available jobs in an organized manner, giving a different focus each day. The first day is dedicated to Luzon-based jobs; the second, Visayas-Mindanao jobs; the third, entry-level jobs; the fourth, overseas opportunities; and the final day, government support and services. 

“JobStreet understands that moving forward can be a challenge this pandemic, so we want to make searching for a job feel like online shopping,” said Ryan C. Tordesillas, JobStreet’s senior sales manager for small and medium enterprises (SMEs).  

UPSKILLING
JobStreet also shared key findings on the Filipino workforce’s view on reskilling, upskilling, and digital learning from their 2021 Decoding Global Talent Survey released this May.  

A majority of Filipinos (77%) are willing to be retrained for a different job as needed, with the number even higher for blue collar workers (82%), said Mr. Gioca. Meanwhile, traditional on-the-job training remains the preferred form of training at 70%, followed by self-study at 63%.  

The report also featured jobs most and least at risk in terms of being affected by automation. JobStreet’s recommendation was for companies to expand the skills of workers in Customer Service, the Service Sector, and Administration and Secretariat, which are most at risk. 

Mr. Gioca also maintained that learning new skills was relevant no matter what the sector or circumstance, saying, “We can see that automation has become a key factor in the workplace, so it is an advantage to learn digital skills regardless of your job role.” 

On the expanding pool of vacancies, he added, “Large companies are now beginning to hire. SMEs are starting to pop up in different modes. Now, we are at 73,000 jobs, which means many more companies are accepting people because they’re trying to go back to business as usual.” — Brontë H. Lacsamana

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