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Sandiganbayan upholds Estrada’s acquittal

PHILSTAR FILE PHOTO

THE PHILIPPINES’ anti-graft court has rejected a plea filed by state prosecutors to reconsider its earlier decision reversing bribery charges against Senator Jose “Jinggoy” P. Ejercito Estrada in connection with a multibillion-peso pork barrel scam.

In an eight-page resolution dated Nov. 27, the Sandiganbayan Special Fifth Division said that prosecutors failed to present new arguments against the court’s earlier ruling overturning Mr. Estrada’s bribery cases.

The court added they could not appeal the acquittal as it is against the rule of double jeopardy, which prevents someone who has been acquitted of being charged with the same crime.

“At the outset, the issues raised by the prosecution were already discussed rigorously in the assailed resolution and there is no need to belabor the same. It would be a useless ritual for the Court to reiterate itself,” the resolution, penned by Maria Theresa V. Mendoza-Arcega, read in part.

“Besides, the instant motion seeks to revisit the factual findings of Mr. Estrada’s acquittal that would place the latter in double jeopardy,” it added. “His acquittal cannot be assailed under the guise of a motion for reconsideration.”

In a resolution, dated Aug. 22, the anti-graft court reversed an earlier decision convicting Mr. Estrada of one count of direct bribery and two counts of indirect bribery as the prosecution failed to prove that the senator had received alleged kickback from businesswoman Janet Lim-Napoles.

The pork barrel allowed legislators to fund small-scale projects in their districts that fell outside the national infrastructure program. The Supreme Court voided the practice in 2013 for being illegal. — Kenneth Christiane L. Basilio

DoJ OKs 5-year development plan

THE Department of Justice (DoJ) approved the Development Plan 2023-2028 as part of the Philippine Development Plan (PDP).

The plan aims to serve as a comprehensive roadmap to advance the DoJ’s role in the Marcos administration’s eight-point socioeconomic agenda, focusing on public order, safety, peace and security, the DoJ added.

It particularly outlines the DoJ’s role in three major areas: enhancing the administration of justice, promoting competition and regulatory efficiency, and practicing good governance to improve bureaucratic efficiency.

“[The DoJ Development Plan] will serve as a critical framework for our organizational planning, reforms, innovations, and priorities,” Undersecretary-in-Charge for Planning and Management Service Margarita N. Gutierrez said in a statement.

Justice Secretary Jesus Crispin C. Remulla said the master plan will build a solid foundation of justice to benefit every Filipino even after the current administration.

The DoJ Development Plan aligns with Executive Order No. 14, signed by President Ferdinand R. Marcos, Jr., which mandates the implementation of the PDP for 2023-2028. — Chloe Mari A. Hufana

Probe into ERC’s regulation sought

PHILSTAR FILE PHOTO

A PHILIPPINE senator has filed a resolution to look into the Energy Regulatory Commission’s (ERC) performance-based regulation system of assessing power generation costs only when a project is completed, which is seen to delay cost recovery amid the country’s power issues.

Senate Resolution No. 1238, which Senate President Francis G. Escudero filed on Nov. 21, pushes for an “as spent” method of assessing regulatory costs to ensure a quicker recovery of investments.

The as spent method adds costs as they occur while as the ERC’s existing “as commissioned” regulatory assesses costs only when a project is completed, according to a copy of the resolution.

“The adoption of ‘As Commissioned’ method will entail significant adverse consequences on investment risk, return on capital, regulatory compliance and electricity cost given its uncertainty and the need to cover financial cost,” based on measure.

Energy Undersecretary Sharon S. Garin earlier urged senators to amend the ERC charter to allow price increases without regulatory approval as long as these fall within a set benchmark or bracket.

This would allow the ERC to do away with the cumbersome approval process that power distributors have complained about, she told a Senate energy committee hearing that is looking at changes to the 23-year-old Electric Power Industry Reform Act (EPIRA).

In his third address to Congress, President Ferdinand R. Marcos, Jr. sought a review of EPIRA to address issues hounding the energy sector, particularly high energy prices.

Mr. Escudero said the “as spent” method would be a more balanced and sustainable cost recovery framework and would help the government avoid financial strain or delayed cost recovery.

“The ‘as spent’ method also ensures continuous funding for ongoing projects, stabilizes electricity rates over time, and enhances regulatory transparency, ultimately providing a more predictable and equitable system for the regulated entities and consumers,” the Senate president said. — John Victor D. Ordoñez

Palace order implementing S. Korea FTA expected soon

REUTERS

By Justine Irish D. Tabile, Reporter

EXPORTERS shipping to South Korea could avail of new tariff arrangements as early as this month following the expected completion of the entry into force requirements of the Philippine-Korean free trade agreement (FTA), the Department of Trade and Industry said.

On the sidelines of the National Exporters Week, Trade Undersecretary Allan B. Gepty said that the next step following the ratification of the FTA in both counties is the issuance of an executive order.

“The President will (have to) approve it. The executive order is scheduled to be issued in December,” he told reporters on Monday.

According to Mr. Gepty, the DTI received a letter dated Nov. 18 from South Korea declaring the completion of the legal procedures on Seoul’s end. The FTA had been ratified by the Philippine Senate on Sept. 23.

He said Philippine negotiators are targeting for the deal to come into force within the year to maximize the benefits of the new tariff regime.

“It will be a big help because there will be tariff cuts. Once it enters into force, there will be reductions already… in January there will be another cut,” he said.

“Actually, we already have agreed on the date, but I don’t want to preempt it,” he added.

Mr. Gepty has said that the FTA will enter into force on the first day of the second month, or on such other date as the parties may agree, following the date when the parties inform each other that all necessary domestic legal procedures have been completed.

Trade Undersecretary and Board of Investments Managing Head Ceferino S. Rodolfo said that besides the executive order, there is also a need for the Bureau of Customs to issue a customs memorandum order to implement the FTA tariff commitments.

After which, the two parties will have to send a formal notification to each other on the entry into force of the FTA, Mr. Rodolfo added.

Asked to comment, Foundation for Economic Freedom President Calixto V. Chikiamco said the main beneficiaries of the FTA include banana exporters.

“Our bananas suffer from a higher tariff compared with Central American exports into the South Korean market,” Mr. Chikiamco said.

South Korea was the third-biggest export market for Philippine bananas last year, accounting for $164.54 million, or 13% of fresh banana exports.

In the first half, banana exports to South Korea hit $102.58 million, well ahead of the year-earlier pace.

Aside from maintaining banana market share, Mr. Chikiamco said that the FTA may lead to more factories being set up in the Philippines to access the South Korean market.

“Therefore, it may cause an increase in FDI to utilize the country’s plentiful labor force to export to Korea,” he said.

“However, we also have to fix our infrastructure issues like ports and energy in order to attract investors to manufacture here,” he added.

Signed in September last year, the FTA eliminated 1,531 tariff lines on agricultural goods, of which 1,417 would be removed after the FTA enters into force.

It will also remove 9,909 tariff lines of industrial goods, 9,747 of which would be removed after the deal enters into force.

In total, the FTA will remove Philippine tariffs on 96.5% of goods from South Korea and Korean tariffs on 94.8% of Philippine products.

Half cup of rice pushed as standard national serving

FREEPIK

THE Philippine Rice Research Institute (PhilRice) said it is pushing for an executive order (EO) to eventually make the half cup of rice as the standard serving size.

Citing the need to minimize waste, PhilRice Head of Development Communication Hazel V. Antonio-Beltran said in an online briefing on Monday that it is proposing initially that food service establishments within government agencies be the testing ground for the half-cup policy, “Then we will now look at the impact that will have on waste,” she said.

The data will be the basis for expanding the standard to private restaurants.

“Right now we only have household data. We can use (the government test run) as reference to promote the initiative in all restaurants,” Ms. Antonio-Beltran said.

According to PhilRice, Philippine households waste about 255,000 metric tons of rice per year, or 19 to 20 kilograms per household. The amount of rice wasted is equivalent to the consumption of 2.79 million people.

She added that the PhilRice is also proposing penalties of between P3,000 and P10,000 for non-compliance.

She said that the Private Sector Advisory Council also supports the initiative and is awaiting approval from the President.

“They’re just waiting for the final approval. Then, maybe, we can start next year. When that happens, maybe after two years, we can make him a national,” Ms. Antonio-Beltran added.

PhilRice has said that 47 local government units have adopted ordinances requiring food establishments to serve rice in half cups. — Adrian H. Halili

Inquiry eyed to address smuggling

BOC PHOTO

A SENATOR has filed a resolution that seeks to look into the decrease in government revenues caused by the smuggling of goods subject to excise tax such as cigarettes and vape products.

“Despite the efforts of various government agencies, illicit trade and smuggling of excisable products remain rampant across the country,” Senator and Ways and Means Chairperson Sherwin T. Gatchalian said in Senate Resolution No. 1243, which he filed on Nov. 28.

“And because of its far-reaching effect, it is imperative for the government to re-evaluate its approach in combating smuggling and illicit trade in the country.”

Citing Bureau of Customs data from October 2023 to August this year, the government has confiscated about P6.5 billion worth of smuggled vape products.

The Philippine National Police Criminal Investigation and Detention Group last month confiscated about P2.4 billion worth of fake cigarettes and smuggled equipment.

Secretary Ralph G. Recto in November said that the government is losing about P52 billion yearly due to tobacco and vape smuggling.

Broken down, P35 billion of the amount is from smuggled tobacco products, while P17 billion is from smuggled vape products.

“Aside from it (smuggling) reduced government revenues, smuggling and illicit trade also undermines the rule of law, fuels corruption, impairs competitiveness of legitimate business while become a major source of income for organized groups and taints the reputation of our country in the global scene,” Mr. Gatchalian said in the measure, which is in aid of legislation. — John Victor D. Ordoñez

Trump nominees signal favorable view of PHL

Republican presidential candidate and former U.S. President Donald Trump attends a campaign event in Waterloo, Iowa, U.S. Dec. 19, 2023. — REUTERS

By Justine Irish D. Tabile, Reporter

THE PHILIPPINES could be among the beneficiaries of US President-elect Donald J. Trump’s trade policies, with the incoming 47th president and his appointees expected to favor the signing of a free trade agreement (FTA), Trade Undersecretary and Board of Investments Managing Head Ceferino S. Rodolfo said.

At the National Exporters’ Week on Monday, Mr. Rodolfo said that he is hopeful that Trump 2.0 will be net positive for the Philippines.

“Of all recent US Presidents, it is (Mr.) Trump who has officially welcomed a bilateral free trade agreement (FTA) with the Philippines,” he said, citing a joint statement during Mr. Trump’s first term in 2017.

“Both sides agreed to discuss the matter further. So at least on record, President Trump has welcomed an FTA with the Philippines,” he added.

In particular, he said then-US Trade Representative (USTR) Robert Lighthizer, who served in Mr. Trump’s first term, testified at a Senate Committee Hearing that the US is close to starting FTA negotiations with several countries.

“He said that one that we particularly like is the Philippines. I think it would be a good first agreement,” Mr. Rodolfo said, quoting Mr. Lighthizer.

“Now the incoming USTR is Jamieson Greer. He was the Chief of Staff of Ambassador Lighthizer. And Ambassador Lighthizer continues to be an advisor to President Trump,” he added.

He also said Senator Marco Rubio, who was Mr. Trump’s nominee to the State Department, had introduced a bill proposing to strengthen the US-Philippines security partnership.

“That bill called for the US to directly negotiate a critical minerals agreement with the Philippines. And to amend the Better Utilization of Investment Leading to Development Act to explicitly support investments in critical min-erals and energy products in Southeast Asia, most particularly in the Philippines,” he said.

“It also required an interagency plan for US support for infrastructure development in the Philippines,” he added.

He said that going by Mr. Trump’s actions during his first term, as well as the track record of his nominees, it is reasonable to expect an overall receptiveness to a stronger, closer relationship with the Philip-pines.

He added that Mr. Trump views trade deficits as an important indicator and tends to blame such imbalances on unfair trade practices against the US.

“If you look at the trade deficit of the US, its number one deficit globally is actually China, which has a $300-billion trade surplus with the US. The number two deficit is with Vietnam, which is $109 billion,” he said.

He added that the US has determined during the first Trump administration that Vietnam has been employing unfair trade practices.

“Whenever he makes announcements about additional tariffs, for sure, China, Vietnam, and other countries will be targeted,” he said.

“Fortunately for the Philippines, our trade surplus with the US is just $4 billion. So in effect, we have a healthy, almost balanced trade with the US,” he added.

Bamboo is poised to be Mindanao’s next major industry

RIZOMEBAMBOO.COM

Bamboo is being considered the next major industry for Northern Mindanao after the Philippines set a Guinness World Record for planting the most bamboo simultaneously across areas of Mindanao, a lawmaker said.

The world record attempt was joined by a total of 2,305 planters, led by the Department of Science and Technology (DoST), and its Kawayanihan Circular Economy partners on Oct. 18, at 19 locations across Mindanao

“All eyes are now on Northern Mindanao because a lot of investors are actually interested to come in and invest, whether in propagation, processing, or marketing. There are many opportunities here available in this initiative,” Bukidnon Rep. Jose Manual F. Alba said in mixed English and Filipino during the press conference of the DoST held in Cagayan de Oro City last Thursday.

Mr. Alba highlighted bamboo’s potential beyond furniture, emphasizing its use as a durable, sustainable material for modern infrastructures. He added that promoting bamboo would create job opportunities for locals in rural areas, dismantling the belief that such opportunities exist only in urban centers.

“Right now, we are trying to reverse the situation… The opportunity is right there in your backyard,” Mr. Alba furthered.

In Bukidnon alone, Mr. Alba said the DoST has identified 18,000 hectares of land planted with bamboo, highlighting its great potential for economic use.

“There will come a time when we no longer need to cut down forests because people will seek bamboo, not wood,” Mr. Alba said.

Mr. Alba also said that a bill to integrate bamboo into the national building code is in progress, which, if enacted, would be a significant milestone for the country’s construction industry. Given bamboo’s fast-growing properties and its abundance in many areas of the country, the move is seen as a step toward more sustainable building practices. — Edg Adrian A. Eva

House committee approves tax perks section of decarbonization measure

ANNE NYGARD-UNSPLASH

A HOUSE OF REPRESENTATIVES committee approved on Monday the tax incentive package contained in a bill seeking to regulate the low-carbon economy.

The House ways and means committee approved the tax incentives section of the bill, to be granted to companies developing “innovative technologies” that reduce greenhouse gas emissions.

“Investments in emerging low-carbon technologies by Covered Enterprises shall be eligible for income tax holidays and enhanced deductions on research and development expense… in accordance with CREATE More Act,” according to the amended version of the unnumbered substitute bill’s Section 35.

Covered enterprises are “large enterprises and medium-sized enterprises whose emissions exceed a specific threshold set by the Climate Change Commission,” according to a copy of the bill obtained by BusinessWorld. Power generation, transport, industrial processing, agriculture, and waste management industries fall under this category.

The House climate change committee approved the unnumbered substitute bill in August.

The Philippines aims to reduce greenhouse gas emissions by 75% in 2030, in line with commitments made under the 2021 Paris Agreement.

The country loses 3% of its economic output annually due to climate change, reinsurance company Swiss Re Group has said.

Companies covered under the proposed law are required to prepare their decarbonization plan, complete with “specific, measurable, and time-bound carbon reduction pathway… towards 2050,” according to the bill.

The decarbonization plan should include projected greenhouse gas emissions and a “comprehensive strategy” for reducing emissions, according to the bill.

Companies should also include emission reduction strategies within and beyond their value chain, including improvements to their production processes and transitioning towards renewable energy sources for their power needs.

They could also invest in technologies that support decarbonization efforts or by purchasing carbon credits from projects that offset greenhouse gas emissions, according to the bill. — Kenneth Christiane L. Basilio

HIV cases in PHL to exceed 200,000 by year-end

The number of Human Immunodeficiency Virus (HIV) cases is expected to hit 215,400 by the end of 2024, the Department of Health (DoH) said.

According to the DoH’s report on Sunday, males comprised 94% of the total 132,776 reported cases of People Living with HIV (PLHIV), while females accounted for the remaining 6%, or 7,876 cases.

By age distribution, the DoH reported 471 cases among individuals under 15 years old, comprising less than 1% of the total cases. A total of 41,219 cases (30%) were reported among those aged 15 to 24 years.

The highest number of cases, 69,808 (50%), occurred in individuals aged 25 to 34, with 24,478 cases (18%) in the 35 to 49 age group, and 3,610 cases (3%) in those aged 50 and older.

DoH Secretary Teodoro J. Herbosa called for collective action to combat the rising HIV cases during the official launch of the DOH’s “Undetectable = Untransmittable Campaign” on the 2024 Philippine World AIDS Day held on Sunday.

The campaign aims to reduce the stigma surrounding HIV/AIDS (Acquired Immunodeficiency Syndrome) while raising awareness about prevention, testing, and treatment options.

“We have 50 new cases of HIV everyday (as of Q3 of 2024). We want the whole of society to help us with this rising tide of HIV cases in our youth. This is a disease that we can detect, and we can help people living with HIV have a normal life. No one should die of AIDS,” Mr. Herbosa said.

If no interventions were made, the AIDS Epidemic Model warns that the country’s PLHIV cases will spike to around 448,000 by 2030.

“Early detection is key to managing the virus and improving health outcomes. Practice safe sex, regularly undergo HIV testing, and encourage all your peers to do the same,” Mr. Herbosa said.

As of September 2024, DoH reported 61% of estimated PLHIV cases, or 131,335 individuals, have been diagnosed and are alive. Of these, 88,544 (67%) are on Antiretroviral Therapy, with 39,003 (44%) tested for viral load in the past 12 months.

Among those tested, 34,252 (88%) achieved viral suppression, meaning the virus is effectively undetectable in their bodies. — Edg Adrian A. Eva

PEZA investment approvals top P200 billion in first 11 months

THE Philippine Economic Zone Authority (PEZA) said it approved P201.551 billion worth of investment applications in the first 11 months, surpassing the agency’s target for the full year.

PEZA issued the statement on Monday following a board meeting on Nov. 29 at the Cavite Economic Zone.

“As expected, investment approvals would pick up in the last quarter of the year,” PEZA Director General Tereso O. Panga said.

“So far, we have achieved P201 billion, with one more board meeting left in December,” he added.

He said that numbers reflect investor confidence in the Philippines and in PEZA due to the government’s investor-friendly policy direction partnered with the ease of doing business inside economic zones.

The first eleven months of approvals were up 43.06% compared to the same period last year.

It is also 14.7% higher than the full-year investment approvals target of P175.71 billion.

The approvals consist of 239 new and expansion projects, which are expected to generate $2.9 billion in potential export revenue and more than 70,000 jobs.

At the board meeting, PEZA approved 17 new and expansion projects worth P15.453 billion. These are expected to generate $467.516 million in exports and 9,957 jobs.

“With this, the total for November approved new and expansion projects reaches 41, with a combined investment of P77.794 billion,” PEZA said.

“These projects are expected to drive $831.019 million in exports and create 30,623 direct jobs,” it added.

Of the recently approved projects, 10 are export manufacturers, four are in the information technology and business process management industry, two involve facility development, and one is an ecozone development project.

“They are distributed across the regions of Calabarzon, Region 3, and Central Visayas: four in Batangas, four in Laguna, four in Cebu, two in Cavite, and one each in Rizal, Pampanga, and Negros Oriental,” PEZA said.

“This distribution highlights the regional spur of the projects, contributing to economic growth across various provinces,” it added. — Justine Irish D. Tabile

Rehab, upgrade bids sought for ports in Catanduanes, Negros Occidental

VIRAC FACEBOOK

AT LEAST TWO more port upgrade and rehabilitation contracts will go up for auction by year’s end, according to the Philippine Ports Authority (PPA).

In separate bid notices posted on the PPA’s website, the regulator is seeking interested parties for the rehabilitation and improvement of Virac port in Catanduanes for P120.07 million and for the improvement of San Carlos port in Negros Occidental for P351.93 million.

Interested parties can submit their bids for the two projects on or before Dec. 19, the PPA said.

The contractor will have 450 calendar days to finish the Virac port rehabilitation project, while the winning bidder for the San Carlos port will be given 630 days to complete the port improvements.

The San Carlos port project includes upgrades to the operations area and roll-on roll-off ramps, as well as the reconstruction of the wharf, according to the PPA.

San Carlos port in Negros Occidental is part of the PPA’s port masterplan.

The PPA awarded in August the contract for a port master plan which will help improve cargo movement and enhance agro-industrial development.

The master plan aims to determine and assess the feasibility of constructing ports at designated locations while also improving cargo movement and meeting the increasing demand for port services.

The PPA identified the ports in the master plan were Davila, Pasuquin, Ilocos Norte; Puerto Galera, Oriental Mindoro; Taytay, Palawan; Buenavista, Guimaras; San Carlos, Negros Occidental; Dumaguete, Negros Oriental; Lazi, Siquijor; Catbalogan, Samar; Zamboanga; and Cagdianao, Dinagat Islands.

The rehabilitation and improvement of Virac port includes clearing, demolition and reconstruction works on the roll-on roll-off ramps and the port operations area.

In the next four years, the PPA is setting aside about P16 billion to fund its infrastructure projects, including 14 flagship projects due to be completed during the period. — Ashley Erika O. Jose

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