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SC disbars lawyer earlier banned in a US state

PHILSTAR FILE PHOTO

THE PHILIPPINE Supreme Court (SC) has disbarred a lawyer who had been stricken off the roll of lawyers by the SC of California in 2000.

In a statement on Tuesday, the high court said it has the authority to disbar or suspend a member of the court for violations committed in a foreign country based on the Revised Rules of Court Resolution.

According to the resolution, the recognition of foreign judgment only requires proof of that ruling in the foreign jurisdiction. In this particular case, a copy of the California court decision was obtained and was found to be sufficient proof.

The lawyer was banned from practicing law in the state of California for mishandling settlement funds amounting to $25,000 that he received on behalf of a client for a bodily injury case.

“The practice of law is not a vested right but a privilege that is clothed with public interest. To enjoy the privilege of practicing law as officers of the Court, lawyers must adhere to the rigid standards of mental fitness and maintain the highest degree of morality,” the SC said. — John Victor D. Ordoñez

Subway in progress

PHILIPPINE STAR/ MICHAEL VARCAS

Philippine government and Japanese embassy officials visited on March 8 some of the construction sites of the Metro Manila Subway Project, the first underground railway system in the country. The 17-station railway, funded through a loan from the Japanese government, is expected to be fully operational by 2025.

Plan to declare emergency still under study — Palace

PHILSTAR

THE PALACE is currently studying a proposal asking President Rodrigo R. Duterte to declare a state of economic emergency due to rising oil prices.

“This is carefully being studied by… the Office of the Executive Secretary,” the President’s spokesman, Jose Ruperto Martin M. Andanar said in a televised briefing.

Fuel prices have been rising sharply after the invasion of Ukraine, which triggered worries about an embargo on Russian oil, taking that country’s production off the market and restricting supply.

Senators said they stand ready to return from recess for a special session to facilitate legislation that may be needed to support such an emergency declaration, should President Rodrigo R. Duterte choose to summon many of them back from the campaign trail.

“It’s part of our work. If the President calls for a special session, it’s incumbent upon me to convene the Senate,” Senate President Vicente C. Sotto III, who is running for Vice-President, said in a Viber message.

The latest fuel price adjustments raised the price of diesel by P5.85 per liter (/L), gasoline P3.60/L, and kerosene P4.10/L. The risk premium for oil has risen significantly after the Russian invasion.

“I support the call for a special session to address rising prices, especially fuel and power, and to provide assistance to those who need it,” said Senate President Pro Tempore Ralph G. Recto in a Viber message.

Senator Panfilo M. Lacson, Sr., who is running for President, said he will return to the chamber if Mr. Duterte calls a special session. “Whether or not I will support a declaration of a state of economic emergency will depend on the proposal to be submitted by Malacañang.”

Majority Leader Juan Miguel F. Zubiri, who is seeking re-election, said the government should consider alternative fuels and e-vehicles as long-term solutions.

“We need to think long-term, to avoid coming to another situation like this in the future. So long as we are dependent on foreign oil, our prices will be (influenced by) the very volatile international arena as well,” he said in a Viber message on Tuesday.

“That is why we must strengthen our local alternative fuel sources, like biodiesel and bioethanol, which can be produced in the country,” he added.

Mr. Zubiri said he wrote a bill, the proposed Biofuels Act of 2006, which sought to create an alternative fuel program, but it did not receive government support. “We were hoping to follow Brazil, India, Thailand, and Malaysia, which have their own biofuels production as it is cheaper and more homegrown.”

“It is a pity that it was not promoted well and I was hoping it would help sugar and coconut farmers,” he said.

The majority leader also backed electric vehicles for daily transport to reduce reliance on gasoline and diesel.

Citing the proposed Electric Vehicles and Charging Stations Act, which was recently ratified by Congress, he urged the government to fully implement the measure in order to encourage the adoption of electric vehicles.

“As we’re seeing now, we cannot afford to be dependent on imported fuel. We have to cultivate our own fuel industries, and ensure that we have sustainable fuel sources that our people can depend on at all times,” he added.

As a short-term measure, Mr. Zubiri pushed for the suspension of the fuel excise tax.

“With these prices, we should consider the suspension of the fuel excise tax to give our people some welcome respite from the weekly increase in fuel prices,” he said, “especially PUV (public utility vehicle) operators and drivers, who are still trying to recover from the pandemic.”

Senate Minority Leader Franklin M. Drilon said in a statement that there is no legal obstacle preventing the Department of Finance (DoF) and the Bureau of Internal Revenue from suspending the collection of fuel excise taxes on their own authority, according to his reading of the Tax Reform for Acceleration and Inclusion (TRAIN) law.

“The provision of the TRAIN Law should be interpreted liberally, not just in light of suspending the increases in excise taxes but also its imposition,” he said. “It is a situation which calls for the liberal application of the law and for compassion.”

Should the price of Dubai crude, the benchmark for Asia, hit $120 per barrel, the Department of Energy (DoE) estimates that gasoline prices may rise to P78.33/L, while the price of diesel may rise to P68.97/L.

“We are not seeking an exemption from taxes here and therefore a strict construction of the law is misplaced. Filipinos are suffering. The burden should be borne by the government,” Mr. Drilon said.

The minority leader noted that the TRAIN law was made not to “tie the hands of the government” and slow its response to the detriment of consumers. “We cannot wait for the law to be amended before we act. The situation is changing rapidly by the day and we need to act fast.”

Under the TRAIN Law, Mr. Drilon said the DoF “may recommend the suspension of the excise tax on fuel” after an annual review.

Senator Sherwin T. Gatchalian, who chairs the chamber’s Energy committee said “the fundamental problem why we are experiencing high prices of oil is that we import close to 100% of our oil requirements, making our country very susceptible to global price shocks.”

The Philippines, he added, has no “shock-absorbing mechanisms,” but only has targeted programs like the Pantawid Pasada Fuel Program for PUV drivers to subsidize their fuel purchases.

He said the fuel subsidy given to drivers through the program and to farmers and fishermen should increase by 50%. He also said the Pantawid Pasada program should be extended to food transporters.

The DoE late Monday proposed to the President and other cabinet members that the Pantawid Pasada program be increased to P5 billion, and the P500-million fuel subsidy to farmers and fisherfolk be doubled to P1.1 billion.

Mr. Gatchalian said the suspension of excise taxes on fuel should be a last resort if fuel prices remain elevated over the next few months.

Energy Secretary Alfonso G. Cusi said at a Tuesday media briefing that it is not yet time to declare a state of economic emergency. “It is not necessary at this point.”

Energy Undersecretary Eduardo Gerardo G. Erguiza said the problem requires further study, particularly on the regulatory regime governing fuel pricing.

The department has been pushing for the amendment of the Oil Deregulation Law to give the government the power to intervene in times of crisis.

On the matter of tapping indigenous sources of fuel, Mr. Andanar said at his briefing that the Philippines needs the expertise of the private sector to exploit the resources thought to lie under Reed Bank, in the northeastern Spratly Islands.

“It’s going to need the cooperation of big private partners. You know when it comes to oil exploration, no one government can do this alone,” he said, following a question about Reed Bank, which the Philippines calls Recto Bank.

“We need the expertise of big business, the expertise of other countries, nations (with experience of) exploration,” he added.

The Recto Bank basin is estimated to hold 165 million barrels of oil and 3,486 billion cubic feet of gas, according to the DoE.

President Rodrigo R. Duterte said on Monday that the Philippines must honor its exploration agreement with China in the Recto Bank to avoid “potential trouble,” saying some companies are trying to interfere with these arrangements.

Mr. Duterte said he will uphold the deal until the end of his administration. “If we change our stance, it’s dangerous.”

In November 2018, the Philippine government signed a memorandum of understanding on cooperation in oil and gas development with China in the South China Sea, parts of which are claimed by the Philippines and other Southeast Asian countries.

In 2016, a United Nations-backed tribunal rejected China’s claim to more than 80% of the sea based on a 1940s map. — Kyle Aristophere T. Atienza, Alyssa Nicole O. Tan

Energy dep’t floats possible suspension of Biofuels Law

REUTERS

THE government could suspend the Biofuels Law to cushion the public from soaring fuel prices, the Energy department said, following proposals made to the Cabinet to raise the fuel subsidy for public transport drivers and to suspend the 7% tariff on thermal coal.

“(The suspension of the Biofuels Law) is a possibility if the problem escalates,” Energy Secretary Alfonso G. Cusi said in a virtual briefing on Tuesday.

Republic Act 9637, or the Biofuels Act of 2006, requires fuel companies to offer biofuel blends, the proportions of which are currently set at 10% ethanol for gasoline and 5% biofuel for diesel. Ethanol is made from sugar while the feedstock for biodiesel is coconut oil.

During Typhoon Odette last year, the DoE suspended the biofuels law, specifically the biofuel blend requirement for gasoline and diesel in provinces hit by the typhoon, in order to ensure adequate supplies are delivered to the typhoon zone.

“The DoE is prepared, but there are other sectors that we need to look at in their entirety,” Mr. Cusi said.

Late Monday, the DoE proposed to President Rodrigo R. Duterte and the rest of the Cabinet an increase subsidy to the public transport sector, pending a resolution on proposals to suspend the excise tax on fuel.

According to Mr. Cusi, the DoE proposed that the Pantawid Pasada program, which will be directly given to public utility vehicle drivers, be increased to P5 billion, and the P500-million fuel subsidy to farmers and fisherfolk be doubled to P1.1 billion.

For coal, Mr. Cusi said he asked Mr. Duterte to suspend the 7% tariff under the ASEAN-India Free Trade Agreement to bring down the cost of coal, a major source of fuel for power plants.

“We’re asking for an executive order from the President so we can suspend that,” he said.

The DoE convened with the Philippine Independent Power Producers Association (PIPPA) last week in which the industry was advised to expect higher power rates in the upcoming months.

PIPPA members include SMC Global Power Holdings Corp.; Aboitiz Power Corp.; Semirara Mining and Power Corp.; First Gen Corp.; Quezon Power Philippines Ltd. Co.; AC Energy Corp.; TeaM Energy Corp.; Filinvest Development Corp.; and Meralco PowerGen Corp.

Fuel prices rose for a 10th executive week on Tuesday, in increments of P3.60 per liter for gasoline, P5.85 for diesel, and P4.10 for kerosene.

Since the start of the year gasoline, diesel, and kerosene prices have risen by P13.25, P17.50, and P14.40 per liter, respectively. — Marielle C. Lucenio

Corn farmers, fisherfolk granted P3,000 to apply to fuel purchases

PHILSTAR FILE PHOTO

CORN FARMERS and fisherfolk have been granted P3,000 to apply to their fuel purchases, subject to conditions, in order to cushion the impact of rising oil prices, the Department of Agriculture (DA) said.

“We are confronted with constant increase in prices of oil and oil products which affects agricultural and fishery operations,” the DA said in a memorandum circular.

The subsidy will be applicable to users of machinery for corn production, from land preparation to postharvest activities, as well as the motorized boats of fisherfolk. Rice farmers will be supported via another program involving cash grants.

A total of P500 million was allotted to the department’s fuel subsidy program, with P492.5 million to be used to pay oil companies and fuel retailers participating in the program, which will take the form of a 30% discount for holders of cash cards to be issued to eligible participants. The remaining P7.5 million will go towards operational or administrative expenses.

Fuel cards will be issued in partnership with the Development Bank of the Philippines and will be distributed via regional offices to farmers and fisherfolk on the DA registry.

The Department of Energy will nominate oil companies and fuel retailers participating in the program.

Eligible farmer recipients must be listed in the Registry System for Basic Sectors in Agriculture and must own and operate functioning farm or fishing machinery, including pumps, engines, tractors, combine harvesters, and corn shellers.

Fisherfolk must also be registered and use legal fishing equipment and motorized boats weighing three gross tons or less.

The lead agency for the program is the Bureau of Agricultural and Fisheries Engineering, with assistance from the National Corn Program and Bureau of Fisheries and Aquatic Resources. — Luisa Maria Jacinta C. Jocson

Live bird movements suspended in seven Luzon regions, Vis-Min

THE Department of Agriculture (DA) suspended the movement of domestic and captured wild birds and poultry products as a precaution against avian influenza or bird flu.

The DA said the H5N1 strain of the disease has been detected in duck and quail farms in Baliuag, Bulacan and Candaba, Pampanga, respectively.

Additional cases were also confirmed in Minalin, Pampanga; Victoria, Laguna; and Bula and Sipocot, Camarines Sur.

The DA suspended the transport and movement of all live birds, including day-old chicks, day-old pullets, hatching eggs, ready to lay pullets, ducks and quails from Regions I, II, III, IV-A, IV-B, V, the Cordillera Administrative Region, the Visayas and Mindanao for 30 days.

Other suspensions lasting thirty days include the transport and movement of pigeons and gamefowls within mainland Luzon, Mimaropa, Visayas and Mindanao.

The operation of live bird markets has also been suspended for 30 days in Bulacan, Pampanga, Laguna, and Camarines Sur.

The transport and movement of eggs will be allowed, provided that risk mitigation measures are followed, including cleaning and ultraviolet light disinfection.

Separately, the DA banned poultry imports from Italy and Canada following bird flu outbreaks there.

The ban applies to poultry products from all of Italy and Nova Scotia, Canada. It covers domestic and wild birds and their products, including poultry meat, day-old chicks, eggs and semen.

In a report to the World Organization for Animal Health on Feb. 4, an outbreak of the H5N1 strain of the highly pathogenic avian influenza was detected in Western Nova Scotia, Canada, affecting domestic birds.

In a separate report on Oct. 21, an outbreak of H5N1 was reported in Ronco all’Adige, Verona, Italy.

“Italy is not an accredited country to export poultry meat to the Philippines but there is a need to prevent the entry of other poultry related commodities originating from Italy that might enter the country through hand-carried products from international vessels or any other possible routes,” the DA said.

The department called for the immediate suspension of the processing, evaluation of the application and issuance of Sanitary and Phytosanitary import clearances for products originating from those territories.

However, shipments that are in transit, loaded, or accepted into the port before the official communication of the order will be allowed, provided the products were slaughtered or produced before Jan. 16 if from Nova Scotia or Oct. 4 if from Italy. — Luisa Maria Jacinta C. Jocson

Startup Village signs on to PCCI satellite internet project 

PHILIPPINE STAR/ MIGUEL DE GUZMAN

THE Philippine Chamber of Commerce and Industry (PCCI) said it agreed to collaborate with Startup Village on a satellite internet project intended to help businesses and other parts of the economy make the transition to digitalization.

The PCCI said in a recent statement that Startup Village will help with rolling out the project, first announced in February when the PCCI launched a partnership with the Department of Information and Communications Technology (DICT) to install satellite internet in six pilot locations.

“The partnership with DICT and Startup Village will certainly give more opportunities to micro, small, and medium enterprises (MSMEs) and students in remote areas that could not be reached by the internet,” PCCI Innovation Committee Director Ferdinand A. Ferrer said.

“We want mentors who will help MSMEs and students to transition into the digital world. MSMEs in the remote areas should be able to showcase their products nationally and then later on, globally,” he added.

Startup Village President Carlo C. Calimon said the support that will be provided to MSMEs will include mentorship in their digital transition, access to financing, and access to markets.

“We need to propel startups as MSMEs and startups cannot live without the other. While coronavirus disease 2019 (COVID-19) has pushed us towards digitalization, MSMEs are still apprehensive and we need to point them to the way forward,” Mr. Calimon said.

According to PCCI President George T. Barcelon, the six underserved pilot areas have yet to be selected.

“We are happy that the DICT has agreed to collaborate with us in pilot testing this satellite project. I am certain that this will help bridge the gap between the connected and unconnected Filipinos, especially those in the provinces where access to the internet remains a challenge,” Mr. Barcelon said. — Revin Mikhael D. Ochave

House probe sought on farmers being forced to sell crops at loss

BW FILE PHOTO

A RESOLUTION has been filed in the House of Representatives seeking an investigation into reports that farmers are being forced to sell their produce at steep discounts, amid stiff competition from smuggled vegetables.

House Resolution No. 2513 urged the House Committee on Agriculture and Food to investigate instances of farmers selling their harvests of onions, cabbage and celery at below cost. Aggregators are allegedly offering lower farmgate prices to make up for the rising price of fuel, while farmers themselves have had to pay more for fertilizer and other inputs.

According to the resolution, Fernando Bagyan of Apit Takto Kordilyera, a peasant alliance in the Cordillera region, told legislators that farmers were left with no recourse but to sell at low prices, or to leave their fields unharvested, with the rotting crops serving as fertilizer for the next planting.

House Minority Leader and Bayan Muna Representative Carlos Isagani T. Zarate said that smuggling of agricultural products has worsened due to the government policy of encouraging food imports. Mr. Zarate’s party-list filed the resolution.

“Smuggling is also exacerbated by the import policy of the Duterte administration, thereby further hurting farmers,” Mr. Zarate told BusinessWorld via Viber. “Farmers are forced to compete with the lower-priced imports” and sell low just to make a sale. 

Food security is at risk because of rising prices of fuel and fertilizer, he added, calling the government’s response to the Ukraine crisis “slow” and “reactive” measures in response to the Russia-Ukraine crisis. — Jaspearl Emerald G. Tan

Canada to provide P178M to Bangsamoro dev’t fund

PHILSTAR FILE PHOTO

THE government of Canada will contribute about P178 million to a sustainable development project in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

In a document dated March 7, the World Bank said Canada will provide the equivalent of $4.38 million in Canadian dollars for the Bangsamoro Normalization Multi-Donor Trust Fund over the next three years.

The World Bank in May last year said it started to manage the trust fund receiving foreign financing for BARMM development. The fund is expected to support the peace process in the region and boost the local economy through resources from development partners.

Canada will make five deposits between March 31, 2022 and June 30, 2025. The first installment at the end of this month was the equivalent of $2.75 million in Canadian dollars.

Canada and the World Bank may review the rate at which payments are made based on the speed of implementing projects and the availability of other funds.

The trust fund aims to help former Moro Islamic Liberation Front (MILF) combatants and redevelop six previous MILF camps into “peaceful and productive communities.”

The fund will finance studies on normalization in the conflict-torn region, knowledge-sharing activities, communication materials development, and regular consultations.

It will also finance impact assessments on the normalization process and provide technical assistance and training to government agencies involved in the process.

The fund will also provide grants for national and local government agencies for operational and technical support.

Support for former combatants and their communities includes unconditional cash transfers, vocational training, micro-enterprise promotion, and employment assistance. — Jenina P. Ibañez

PSG’s Mbappé suffers injury during training ahead of Real Madrid clash

PARIS Saint-Germain (PSG) said forward Kylian Mbappé suffered a foot injury during training on Monday, casting doubts over his participation in the return leg of their Champions League last-16 tie against Real Madrid on Wednesday.

Mbappé scored a stunning individual goal in stoppage time to give PSG a 1-0 home victory over Madrid in the first leg in February.

“Kylian Mbappé suffered a shock to the left foot during training today,” PSG said in a statement. “He was treated this afternoon. The clinical examination is reassuring and a new check-in will be made in 24 hours.”

The 23-year-old Mbappé missed his side’s 1-0 Ligue 1 defeat by Nice on Saturday due to suspension, in which PSG managed just two shots on target.

PSG turned down multiple bids from Madrid for the 23-year-old last year, who can leave as a free agent at the end of the season when his contract expires. — Reuters

Kane grabs double as Tottenham thrashes Everton

LONDON — Everton’s Premier League relegation fears deepened considerably as they collapsed to a 5-0 defeat at Tottenham Hotspur with Harry Kane scoring twice for the rampant hosts on Monday.

Michael Keane’s calamitous own goal began the rout in the 14th minute and Son Heung-min made it 2-0 before Kane slotted home his first of the evening to make it 3-0.

Half time substitute Sergio Reguilon made it 4-0 with his first touch of the game and Kane’s sumptuous volley completed a thoroughly miserable trip to the capital for Everton.

Tottenham has now scored nine goals without reply in their last two league games and are level on 45 points with sixth placed West Ham United having played two games less.

Everton’s seventh loss in eight league games left them one place and one point above the bottom three and manager Frank Lampard faces a big task to ensure top-flight survival.

The Merseyside club’s 22 points is their lowest ever top-flight haul after 25 games.

While Tottenham played fluently in their biggest home league win since 2019, Everton was woeful.

Tottenham fans enjoyed taunting former Chelsea great Lampard who took charge at the end of January in the wake of Rafa Benitez’s sacking.

Disorganized in defense, lacking bite in midfield and nonexistent up front where they did not even manage an attempt on target, they made life easy for Tottenham who is now only three points behind fourth-placed Arsenal having played a game more.

“Individual errors led to goals which took the game away from us. It’s difficult when you’re 2-0 or 3-0 down,” Lampard said. “The reaction was not good enough. It was the reaction of a team used to losing away from home. We need to sort it out.”

Asked about the prospects of Everton preserving their top-flight status that stretches back to 1954, Lampard pulled no punches. “I could tell there was a fear of relegation when I came in. The base stats don’t lie.

“This challenge isn’t bigger than I expected, I knew it would be.”

Lampard said that Everton was “comfortable” in the opening stages but when Keane, under pressure from Kane, volleyed Ryan Sessegnon’s cross past Jordan Pickford they disintegrated.

Three minutes later, Kane found Dejan Kulusevski who in turn released Son who netted with a shot Pickford might have saved.

Son wasted another glorious chance soon after before Matt Doherty’s perfectly weighted through ball sent Kane clear on goal and the England skipper was never going to miss.

If Lampard had harsh words at half time, it had no effect on his players who switched off immediately after the interval as Kulusevski slid a ball across the area for Reguilon to slot in.

Kane’s second, in the 55th minute, was the pick of the bunch and took him to sixth on the all-time Premier League scoring list above Thierry Henry with 176 goals.

Watching Doherty’s lofted diagonal ball like a hawk, he let the ball drop over his shoulder before volleying home past his England team mate Pickford who endured a miserable birthday.

“The top four has to be our ambition. We are not the finished article yet but the manager has had time to settle in and physically, I think we are in a really good position,” he said.

“We are in there and in the mix and we have to feel that pressure if we want to be a top team.” — Reuters

FIFA opens special transfer window for foreign players in Russia

PARIS — The International Federation of Association Football (FIFA) is opening a special transfer window for foreign players stranded in Russia because of the invasion of Ukraine, soccer’s world governing body said on Monday.

“In order to facilitate the departure of foreign players and coaches from Russia, in the event that clubs affiliated to the Football Union of Russia (FUR) do not reach a mutual agreement with their respective foreign players and coaches before or on 10 March 2022… the foreign players and coaches will have the right to unilaterally suspend their employment contracts with the FUR-affiliated clubs in question until the end of the season in Russia (30 June 2022),” FIFA said in a statement.

“The suspension of a contract… will mean that players and coaches will be considered ‘out of contract’ until 30 June 2022 and will therefore be at liberty to sign a contract with another club without facing consequences of any kind.”

FIFA’s move is only a temporary measure that will not provide much help, the players’ union (FIFPRO) said, demanding that players should be allowed to terminate their contracts.

“The decision… to allow foreign players to only suspend their contracts and thus only temporarily leave Russian clubs is too timid,” FIFPRO said in a statement.

“It will be hard for players to find employment for the remainder of the season with uncertainty looming over them and, within a few weeks, they will be in a very difficult situation once again.

“It is unsatisfactory even for players who are tied to short-term contracts in Russia — where contracts typically end in December — and who may not want or be able to return after 30 June 2022… FIFPRO communicated to FIFA last week that these players should be allowed to terminate their contracts.”

FIFPRO asked that FIFA, and its European counterpart UEFA, set up a fund to help players and coaches in Ukraine.

“It is disappointing that other stakeholders in this process were not prepared to agree to this important step,” it said.

“For players, coaches and others in Ukraine, we consider it essential that UEFA and FIFA widen professional football’s response to the war by establishing a fund to support all those in the industry who are affected.”

Russia calls its actions in Ukraine a “special operation” designed not to occupy territory but to destroy its neighbor’s military capabilities and capture what it regards as dangerous nationalists. — Reuters

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