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Gov’t to order 178M doses of vaccines for 90M Filipinos

THE PHILIPPINES will try to order 178 million doses of coronavirus vaccines so it can inoculate more than 90 million Filipinos this year, according to the presidential palace.

“We are not yet counting the children,” presidential spokesman Harry L. Roque said at a televised briefing in Filipino on Tuesday.

The government is in talks for more than 100 million doses with various drug makers worth $1.2 billion and about 40 million doses under a global initiative for equal access worth $84 million, Finance Secretary Carlos G. Dominguez III said at a televised meeting with President Rodrigo R. Duterte on Monday night.

He said the government was negotiating for more vaccine supplies given the delays in manufacturing and delivery.

“We really expect delays but delay is not our fault because we have the money,” he said. “We are ready.”

The Philippines originally wanted to buy only 148 million doses to inoculate as many as 70 million Filipinos.

Mr. Dominguez said the country got loans worth $1.38 billion from the World Bank (WB), Asian Development Bank (ADB) and Asian Infrastructure Investment Bank (AIIB), which will be used for vaccine orders.

The Department of Health (DoH) reported 1,583 cases on Tuesday, bringing the total to 528,853. The death toll increased by 67 to 10,874, while recoveries climbed by 39 to 487,611, it said in a bulletin.

There were 30,368 active cases, 89% of which were mild, 5.3% did not show symptoms, 2.7% were critical, 2.5% were severe and 0.54% were moderate.

About 7.4 million Filipinos have been tested for the coronavirus as of Jan. 31, according to DoH’s tracker website. The coronavirus has sickened about 104 million and killed about 2.2 million people worldwide, according to the Worldometers website, citing various sources including data from the World Health Organization (WHO).

About 75.8 million people have recovered, it said.

Meanwhile, Mr. Roque said tensions between the Philippines and China would not affect coronavirus vaccine deals.

“I don’t think so because that has already been a promise made by the Foreign Secretary of China,” presidential spokesman Harry L. Roque, Jr. told a televised news briefing on Tuesday.

The government has signed deals with China’s Sinovac BioTech Ltd. for 25 million orders of coronavirus vaccines. China also donated 500,000 doses to the country.

Mr. Roque also said it was difficult for him to keep silent on foreign affairs matters because he speaks for “the chief architect of foreign policy.”

Foreign Affairs Secretary Teodoro L. Locsin, Jr. earlier told Mr. Roque to “lay off” after he suggested that the Philippines should sue Beijing at an international court for passing a law letting its coast guard fire at foreign vessels in the South China Sea.

“I am not listening to Harry Roque,” Mr. Locsin tweeted. “Love the guy but he’s not competent in this field. We do not go back to The Hague. We might lose what we won. Harry, lay off.”

Mr. Roque said he was not intruding, adding that he would defer to the Foreign Affairs department.

Meanwhile, Senate President Vicente C. Sotto III urged the government to double efforts in educating Filipinos about its vaccination program both in mainstream and social media.

A nationwide information drive should focus on the benefits of getting vaccinated against the coronavirus, he said in a statement.

“Many are afraid to get vaccinated because of rumors that vaccines are ineffective against COVID-19,” he said in Filipino. “The vaccination system is also unclear to the public.”

A Pulse Asia poll last year found that nearly 50% of Filipino adults would shun coronavirus disease 2019 (COVID-19) vaccines, citing safety concerns.

The Food and Drug Administration (FDA) has approved the emergency use of Pfizer, Inc. and AstraZeneca Plc’s  vaccines in the Philippines. The Pfizer vaccine is 95% effective, while the one from AstraZeneca has a 70% efficacy rate. — Kyle Aristophere T. Atienza, Vann Marlo M. Villegas and Charmaine A. Tadalan

Proof of violations needed vs anti-terror law

PLAINTIFFS who questioned the validity of the country’s anti-terror law must prove actual violations of the Bill of Rights to boost their lawsuit, according to a Supreme Court magistrate.

“This court in a unanimous way has already said that there must be a clear actual case,” Justice Mario Victor F. Leonen told a court hearing on Tuesday.

More than 30 lawsuits have been filed asking the high court to void the law that expanded the country’s law against terror.

“Yes we have fears of any law,” Mr. Leonen said. “Yes, we have fears of any government. It’s understandable.” But the tribunal could only use its review power if certain standards are met, the justice said.

The plaintiffs earlier said the government could use the law that expanded terror crimes in the country to violate human rights and stifle dissent. — Vann Marlo M. Villegas

Nationwide round-up (02/02/21)

Child car seat law implementation deferred

TRANSPORT agencies on Tuesday said they would postpone the “full” implementation of the child car seat law, which means penalties for non-compliance will not be imposed yet. “There will be no apprehensions yet. Penalties will not be imposed just year,” Transportation Assistant Secretary Goddes Hope O. Libiran said, in mixed Filipino and English, at a virtual briefing. Land Transportation Office (LTO) Assistant Secretary Edgar C. Galvante said they would have to focus first on the comprehensive information campaign about the Child Safety in Motor Vehicle Act or Republic Act No. 11229, which President Rodrigo R. Duterte signed on Feb. 22, 2019. The law, which was supposed to fully take effect on Tuesday after a year of transitory period, requires the use of child restraint systems for children who are 12 years old and below with a height of up to 4’ 11”. The decision to postpone the full implementation of the law was “in consideration of the current pandemic, and until a comprehensive information, education, and communications campaign is executed in close coordination” with relevant agencies, the Transportation department said in a statement. Ms. Libiran said the information campaign will be conducted for “at least six months” before the strict implementation of the law. Meanwhile, at the same briefing, Transportation Undersecretary for Finance Garry V. de Guzman said a “strike three” policy would be implemented at cashless toll plazas to limit the number of motorists who abuse the system. — Arjay L. Balinbin

SWS survey: Adult joblessness at ‘record high’ in 2020

THE average adult joblessness in 2020 was at a “record high” of 37.4% as the country faced a coronavirus pandemic that battered the economy, according to the Social Weather Stations (SWS) survey. In a statement on Monday, the SWS said joblessness in November dropped to 27.3% or 46.3 million of the total labor force from 39.5% or 60.1 million in September 2020, based on the Fourth Quarter 2020 Social Weather Survey. Adult joblessness reached 45.5% in July 2020, the highest in SWS history, as strict lockdowns were imposed beginning mid-March. Prior to last year, the highest joblessness average was recorded in 2012 at 28.8%. The SWS definition of adult joblessness covers those who “(a) voluntarily left their old jobs, (b) are seeking jobs for the first time, or (c) lost their jobs due to economic circumstances beyond their control.” The SWS also reported that the number of adults participating in the labor force in November 2020 was lower at 66.7% or 46.3 million from 86.5%  or 60.1 million in September 2020. The non-commissioned survey was conducted on 1,500 adults nationwide from November 21 to 25. The sampling error margin was ±2.5% for national percentages. — Gillian M. Cortez

President’s spokesperson defers to top diplomat on Myanmar coup stance

THE President’s spokesperson, who said on Monday that the military coup in Myanmar is an “internal matter,” has deferred all statements relating to the political situation in its regional neighbor to the country’s top diplomat. “We leave that matter to the DFA (Department of Foreign Affairs),” Presidential Spokesman Harry L. Roque, Jr. said in a televised press briefing on Tuesday. The DFA issued a statement Tuesday saying, “Myanmar has made substantial and important strides toward democratization in recent years” and the Philippines had supported these efforts. The department said it is monitoring the situation and is concerned about the safety of Aung San Suu Kyi. Foreign Affairs Secretary Teodoro L. Locsin, Jr., in a post on his Twitter account, said the country’s current position is based on his recommendation. “That’s me waiting and seeing to give junta room to back away honorably. (President Rodrigo R.) Duterte regards Aung San Suu Kyi a personal friend and he has a strong sense of loyalty. Blame me,” he said addressing critics. Several countries around the world, including other southeast Asian neighbors have condemned the coup. “It is actually surprising that Singapore and even Indonesia are actually speaking out against the coup while the Philippines is silent. It also shows how far the Philippines has fallen as one of the leading countries championing democracy and human rights in ASEAN (Association of Southeast Asian Nations),” Maria Ela L. Atienza, a political professor at the University of the Philippines (UP), told BusinessWorld in an email. Dennis C. Coronacion, chairperson of the University of Santo Tomas’ (UST) Department of Political Science, said the diplomatic culture in ASEAN is another significant factor that has convinced the Palace to stay out of the political crisis in Myanmar. “Since the regional organization’s inception, the ASEAN countries have adhered to the policy of non-interference in domestic affairs believing that this is going to foster harmonious relationships among the member-countries,” he said in an email. Asian Institute of Management economist John Paolo R. Rivera said in an email on Tuesday that the Philippines should be “very careful” with its pronouncements regarding the issue and “let our diplomatic experts handle this matter.” — Kyle Aristophere T. Atienza

Senator calls for probe on human trafficking to Syria

A SENATOR filed a resolution seeking to investigate human trafficking involving Filipino women after reports that 12 women were victimized to work illegally in Syria. Under Senate Resolution No. 631, Senator Risa N. Hontiveros-Baraquel said while the Department of Foreign Affairs (DFA) already reached the 12 victims to bring them home, the Senate should probe the incident to understand the “supply chain.” “We need to better understand the human trafficking ‘supply chain’ in order to craft more effective legislation to prosecute offenders and protect our women and children,” she said in a statement on Tuesday. An article published by The Washington Post reported the case of 12 Filipinas recruited to work in the United Arab Emirates (UAE) but were later trafficked as domestic workers in Syria. The DFA has started its own investigations on the allegations and also provided legal assistance to the migrants, who faced penalties for their illegal entry. Ms. Baraquel, who chairs the women committee, said the inquiry aims to determine whether there are syndicates involved in the trafficking, among other issues. She added the hearing will also look at “gendered dimensions” of human trafficking, particularly in light of the coronavirus pandemic. “Dahil na rin sa kakulangan ng oportunidad sa Pilipinas, nagiging mas bulnerable ang ating kababaihan sa (Due to lack of opportunities in the Philippines, our women become more vulnerable to) trafficking,” she said. “The pandemic will only drive many families further into poverty, making many members, especially women, more at risk of exploitation and abuse.” — Charmaine A. Tadalan

Regional Updates (02/02/21)

Fishing season for galunggong reopens in Palawan

THE three-month closed fishing season for roundscad, locally known as galunggong, in northeast Palawan has been lifted, the Bureau of Fisheries and Aquatic Resources (BFAR) announced Tuesday. BFAR said the resumption of fishing activities in the area is expected to stabilize the supply and price of galunggong and other fish commodities sold in the capital region in the coming weeks. “The province of Palawan is a major supplier of galunggong in Metro Manila with an average of 95% of galunggong catch landed in Navotas Port coming from Palawan in 2020,” BFAR said. Based on the price monitoring report of the Department of Agriculture on Tuesday, the retail price of galunggong ranges from P200 to P260 per kilogram, much higher than the government’s suggested retail price of P140 per kilogram.

IMPROVED CATCH
In 2019, BFAR said some 653.66 metric tons (MT) of galunggong were caught by purse seine fishing method, higher than the 402.13 MT recorded in 2016 due to the implementation of the annual closed fishing season in the province. It added that 285.32 MT of galunggong were caught by ringnet in 2019, an improvement from 170.97 MT in 2016. BFAR National Director Eduardo B. Gongona said the growing catch of galunggong in Palawan is a step in the right direction towards taking care of the country’s fishery resources. “This simply reinforces our firm decision to continue the implementation of the annual closed fishing season in the country’s major fishing grounds, which includes the galunggong-rich Palawan and integrate it in our holistic measures to fisheries management,” Mr. Gongona said. Alternative livelihood activities are provided to affected coastal communities during the closed season. Meanwhile, BFAR announced that two fishing vessels were caught violating the closed fishing season implemented in Palawan during the three month period from November to January every year in accordance with Joint Administrative Order No. 1 series of 2015, which aims to protect and replenish galunggong supply during its peak spawning season. — Revin Mikhael D. Ochave

Iloilo to endorse ICTSI proposal to develop Dumangas port

ILOILO PROVINCE-PICAO

THE Iloilo Provincial Development Council (PDC) has agreed to endorse the proposal of International Container Terminal Services, Inc. (ICTSI) to develop, operate and maintain the Port of Dumangas. “The PDC Execom will endorse the project to the Regional Development Council (RDC)without prejudice to the existing Supreme Court decision turning over the port’s operation to the Dumangas local government unit,” the provincial government said in a statement on Tuesday. The Philippine Ports Authority presented the ICTSI plan on February 1 to the council headed by Gov. Arthur R. Defensor, Jr. Dumangas Mayor Ronaldo B. Golez was also present at the meeting. ICTSI submitted a proposal to develop both the Iloilo Port Complex in Iloilo City, which is independent from the province, and the Dumangas port. ICTSI said in a statement on November 18, 2019 that the development of the Dumangas facility is necessary “to seamlessly handle the spill over from the (Iloilo) city port.” The company estimates an investment of at least P8.7 billion for the port projects. — MSJ

Transcom complies with Bacolod’s directives after COVID cluster at call center facility

BUSINESS process outsourcing (BPO) firm Transcom’s Bacolod office will be closed for 48 hours for disinfection in compliance with the city government’s directive following a cluster of 41 coronavirus cases among its employees. In a statement e-mailed on February 2, Transcom said it is “committed to continue in taking appropriate actions in unison with the local government” to ensure the safety of its workers, their families, and the Bacolod community amid the pandemic. The company also said all onsite personnel will now be required to undergo antigen testing every seven days instead of the 14-day interval implemented in all its offices. “Transcom has also transitioned 75% of its operations to work at home since the start of the 2nd quarter in 2020. The company spent more than $7 million in 2020 for business continuity initiatives that focused on ensuring the safety of its employees,” the company said.

Gov’t facing P9.6-trillion bill for military pension obligations

THE GOVERNMENT will need to set aside about P9.6 trillion to meet its obligations to retired military and uniformed personnel (MUP) if it does not reform their pension arrangements, a key senator said.

Citing an ongoing study of the Government Service Insurance System (GSIS), Senator Panfilo M. Lacson said the proposed pension system will need P9.6 trillion as seed money.

“The study suggests that Congress needs to appropriate more than P800 billion annually, for 20 years, if no changes or reforms are made to the pension system,” Mr. Lacson said Tuesday.

Mr. Lacson, chairman of the Senate’s committee on national defense and a former high-ranking policeman, was presiding over hearings to evaluate various pension-reform measures.

The study assumes a one-time infusion of the proceeds from the sale of MUP assets, generating about P14.98 billion.

The GSIS has yet to finalize the study pending data from the Armed Forces of the Philippines, Bureau of Fire Protection, Bureau of Corrections, and the National Mapping and Resource Information Authority.

“No matter how we look at the numbers, (they really are) overwhelming,” Mr. Lacson said.

National Treasurer Rosalia V. de Leon recommended that the government cancel the automatic indexing of pension levels with salaries of active-duty personnel, to keep the growth of pension obligations manageable.

An immediate halt in indexing means “the unfunded liability will be reduced by more than two-thirds from P9.6 trillion to P3 trillion,” she said at the hearing. She also recommended that MUPs make mandatory contributions to help fund their pensions.

Defense Secretary Delfin N. Lorenzana said he supports a removal of indexation against active-duty pay, but called for a mechanism to adjust for inflation.

Calling the removal of indexation “possible,” he added: “We should also put something in the law that will increase the pension of the pensioners, based on the price index. Maybe 5% that corresponds to inflation,” he said.

“Hindi na automatic but based on inflation para hindi naman masyado maiwan ‘yung pension nila (The increases won’t be automatic but they can be based on inflation, so pensions won’t be eaten into by rising prices).” — Charmaine A. Tadalan

DENR promises results in 100 days of dredging Cagayan River sandbanks

PHILIPPINE STAR/MICHAEL VARCAS

THE Department of Environment and Natural Resources (DENR) said Tuesday that it hopes to reduce flooding during the next rainy season via the dredging of the Cagayan River, with operations to initially focus on three sandbars in the north of Cagayan province.

“Within 100 days, we will be able to partially remove (the) sandbars… (around) Magapit. Kung lalabas ka mga July, makikita na natin ang resulta nito. Makikita natin na mabawasan na itong flooding dahil nakabawas na tayo ng sandbars (You will be able to see results by July in the form of reduced flooding because the sandbars will be partly removed),” Environment Secretary Roy A. Cimatu said in a speech Tuesday at the launch of the Cagayan River Restoration Project.

Mr. Cimatu was referring to the stretch of the river known as the Magapit Narrows, located in the barangay of Bangag in the municipality of Lal-lo and the barangays of Casicallan Norte and Dummun in Gattaran.

The volume of the sandbars is estimated at 7 million cubic meters. The river features are thought to restrict the flow of receding floodwaters into the Aparri Delta and Babuyan Channel.

The Cagayan River overflowed after a series of typhoons late last year, causing widespread flooding in river towns further south.

“Our dredging program is also coupled with nature-based solutions such as the planting of bamboo in stabilizing our river banks. We are also looking at the development of bamboo plantations in Ilagan so we can provide livelihood opportunities,” he said, referring to the capital of Isabela province, also in the Cagayan Valley.

Last month, DENR Regional Executive Director and Regional Build Back Better Task Force Chair Gwendolyn C. Bambalan said various government agencies intend to provide livelihood assistance to residents affected by the river’s rehabilitation.

She said that the Department of Labor and Employment will offer a cash-for-work program for residents, while the Technical Education and Skills Development Authority will provide livelihood training assistance.

She added that the Department of Public Works and Highways plans to hire mainly locals for dredging. — Angelica Y. Yang

BoP surplus at record $16B due to foreign debt, import slump

THE balance of payments (BoP) surplus in 2020 was at a record $16.022 billion, swelled by proceeds from overseas debt which the government took on to help deal with the pandemic, with outflows also limited by the sharp drop in imports.

The BoP surplus exceeded the year-earlier total by 104%, according to the Bangko Sentral ng Pilipinas (BSP), which released the data late Monday.

The surplus significantly exceeded the forecast of $12.8 billion issued by the central bank in December.

The BSP said the surplus was driven by an increase in net foreign borrowing by the National Government coupled with the narrowing of the merchandise trade deficit. It added that remittances, foreign direct investment, and trade in services likewise contributed to the BoP surplus.

ING Bank NV-Manila Senior Economist Nicholas Antonio T. Mapa said the sharp rise in the surplus reflected lower demand for imports during the economic downturn.

“These developments hardly resemble a sign of increased investor confidence as foreign portfolio investment was actually in the red as foreign players dumped stocks and bonds given the ongoing recession and the steepest plunge in GDP (gross domestic product) numbers, ever,” Mr. Mapa said in an e-mail.

Short-term foreign investment, also known as hot money, posted a net outflow in 2020 of $4.24 billion, the highest since at least 2012, as investors sought safer havens during the global economic downturn. Philippine GDP recorded its deepest contraction since 1947, the first year the indicator was formally compiled. GDP retreated 9.5% in 2020 after rising 6% in 2019.

“The surplus reflects the government’s reluctance to spend despite incurred a sizable volume of loans from multilateral agencies to spend precisely for pandemic relief efforts,” he said. He also called spending on key imported goods needed to contain the pandemic “non-commensurate” to the need.

Government borrowing from domestic and foreign sources totaled P2.64 trillion last year, Finance Secretary Carlos G. Dominguez III said last month. Government spending in 2020 increased 11% to P4.205 trillion, missing the P4.233-trillion spending target.

The trade deficit in 2020 was $21.829 billion, narrowing from the year-earlier $40.67-billion deficit, following a 23.3% decline in imports to $85.6 billion.

In December, the BoP was in surplus by $4.236 billion, up 188% from November and up 169% from a year earlier.

“The BoP surplus in December 2020 reflected inflows mainly from the BSP’s foreign exchange operations and income from its investments abroad, and the national government’s foreign currency deposits with the BSP of proceeds from its issuance of global bonds,” the central bank said.

On the other hand, payments made on foreign currency-denominated debt obligations served to dampen growth in the surplus that month, it added.

Gross international reserves (GIR) of $110.12 billion at the end of December, up 5% from the end of November.

“This is equivalent to 11.8 months’ worth of imports of goods and payments of services and primary income,” the BSP said, noting GIR represents ample levels of liquidity to buffer the economy against external shocks.

It added that the GIR level is equivalent to about 9.5 times short-term external debt, based on original maturity and 5.4 times based on residual maturity.

This year, the BSP projects a BoP surplus of $3.3 billion.

“We may more likely see a narrowing of the BoP surplus according to the government’s target, but it may take a while to see a pick up in import performance and return to pre-COVID levels,” UnionBank of the Philippines, Inc. Chief Economist Ruben Carlo O. Asuncion said in a text message.

Government officials are hopeful that the economy will recover with growth of between 6.5% and 7.5% this year. — Luz Wendy T. Noble

Bureau of Customs beats Jan. collection target

THE Bureau of Customs (BoC) exceeded its January collection target by 6.92%, though the tally of P47.43 billion represented a year-on-year decline of 15.6%, according to preliminary data for the month.

The BoC said in a statement that 11 out of the 17 revenue districts beat their respective collection targets for the month: Ninoy Aquino International Airport and the ports of Manila, Batangas, Legazpi, Iloilo, Tacloban, Cagayan De Oro, Zamboanga, Davao, Subic and Clark.

On the part of the Bureau of Internal Revenue (BIR), the government’s top revenue generator, Deputy Commissioner for Operations Arnel SD. Guballa said in a text message that its own January totals are still being compiled.

The two agencies surpassed their downgraded collection targets last year, generating a combined P2.4 trillion, also according to preliminary data.

Their targets were reduced several times last year to reflect the likely slump in taxes during the economic downturn.

The 2021 tax collection goals have also been reduced, an indicator of the fragility of the recovery. The BoC is expected to collect P619.5 billion this year while the BIR is tasked to generate P1.904 trillion.

The target for local government units is P223.9 billion this year, against pre-pandemic estimates of P321.6 billion, according to the Bureau of Local Government Finance. — Beatrice M. Laforga

Donor financing for PHL climate adaptation overstated, NGO claims

CARE INTERNATIONAL, a non-governmental organization (NGO), said the reported $6.2 billion in donor financing for climate change adaptation projects in six countries, including the Philippines, between 2013 and 2017 was likely overstated by about 42%.

Geneva-based CARE International said in a report-co-written by the Philippines’ Institute for Climate and Sustainable Cities, among others, that it studied 112 internationally-funded adaptation projects launched in the six developing countries in Africa and Asia.

“The total adaptation finance reported for these projects by donors is $6.2 billion, representing 13% of the climate adaptation funding provided to all developing countries over the five-year period, as reported by the OECD (Organisation for Economic Co-operation and Development) in 2019. Our research reveals that $2.6 billion of this adaptation finance has been overreported in official estimates,” it said in the report.

“This means that in reality, climate adaptation finance only represents about 58% of what donors reported,” it added.

The findings were arrived at after assessments of project documentation and in-country input from civil society partners, which were then compared with the information found in donor’s reports.

CARE said the main cause of over-reporting was projects classified as “adaptation-relevant” even when not targeted at climate adaptation. Other projects, it said, had overstated their relevance to climate adaptation.

“The provision of finance for adaptation purposes is therefore significantly lower than current international aggregates suggest,” CARE said.

In a statement on Jan. 21, CARE said: “The research found climate adaptation finance to be over-reported by 42%, which if applied to the remaining projects, would result in $20 billion of over-reporting across this time period.”

It cited the Philippines’ experience as a beneficiary of a $470-million post-disaster standby loan from Japan in 2014, and development aid of around $109 million from France in 2017.

Access to Japan’s post-disaster standby loan was triggered when the country declared a “national state of calamity” after it was hit by Typhoon Yolanda (international name: Haiyan). CARE found that around 53% of the loan’s adaptation financing was overstated by Japan.

It added that around 15% of France’s aid in 2017 was overstated by the French development agency.

CARE said the appropriate practice to avoid overstating aid is to separate adaptation finance from financing for non-adaptation purposes.

In the statement last month, CARE Denmark’s Senior Advocacy Adviser of Climate John Nordbo, who was also one of the authors of the report, said: “The world’s poorest people are not responsible for the climate crisis yet are the hardest hit. Not only have rich nations let countries in the Global South down by failing to deliver enough adaptation finance, but they have tried to give the impression that they are providing more than they do. It is truly embarrassing. This injustice must be corrected, and a clear plan must be presented to show how they intend to live up to their commitments with real money — and no reporting tricks.” — Angelica Y. Yang

Ministerial function: A closer look at the Congress’s role in certifying Presidential and Vice-Presidential election results

On Jan. 20, 2021, former United States Vice-President Joseph R. Biden was finally sworn in as the 46th President of the United States of America. However, his path towards the presidency was not without its challenges. Aside from the campaign obstacles brought by the COVID-19 pandemic, President Biden had to face the most unorthodox modern-day politician, former US President Donald J. Trump, who, even before the elections, declared that the only way to lose his seat would be through a large-scale election fraud. After losing the elections, Trump filed numerous cases based on conspiracy theories questioning the integrity of the elections in the battleground states where he trailed President Biden, but to no avail.

Sensing defeat in the courts of law, Trump, in his attempt to remain in power, turned to his perceived allies in the US Congress because under the laws of the United States, before the President and Vice-President can be sworn into office, their electoral college votes must first be certified by the US Senate and the US House of Representatives.

The members of the US Congress may object to such certification. However, no electoral vote from any State may be rejected if it has been regularly given by the electors.

Trump’s supporters then held a rally at the US Capitol to pressure the members of the US Congress into objecting to the certification of electoral votes from battleground states that Trump lost. This rally escalated into a fatal riot which led to the death of four rioters and one police officer. The riot, which has been highly publicized worldwide, was dubbed as the US Capitol insurrection, and was considered the biggest attack on American democracy. Despite this attack, the members of the US Congress rejected the objections to the certification raised by Trump’s allies, and voted to certify all electoral votes.

Interestingly, the constitutional function of the US Congress to certify the electoral votes for President and Vice-President has a similar counterpart provision under the 1987 Philippine Constitution.

Article VII, Section 4 of the 1987 Constitution provides that “[t]he returns of every election for President and Vice-President, duly certified by the Board of Canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than 30 days after the day of the election, open all certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.”

Under the rules for canvassing of votes for presidential and vice-presidential candidates, the counsels of the candidates may object to the canvass of any certificate of canvass (CoC). The report of canvass by the Joint Congressional Canvassing Committee must first be approved by a majority of the Senators and Members of the House of Representatives, voting separately, before the President-elect and the Vice-President-elect may be proclaimed.

It will be recalled that during the hotly contested 2004 presidential elections, the allies of presidential candidate Fernando Poe, Jr. in Congress objected to the canvassing of certain CoCs. They demanded that election returns purportedly indicating fraud be scrutinized. However, these objections were merely noted, and the Joint Congressional Canvassing Committee proceeded to canvass the CoCs which appeared to be authentic and duly executed. In the end, Congress proclaimed President Gloria Macapagal-Arroyo as the winner of the elections.

The tradition of limiting the objections only to those involving the authenticity and due execution of electoral votes or CoCs is well established both in the US and in the Philippines. The apparent reason for this tradition in the Philippines is the presumption of regularity in the performance of official duties of public officers, in this case the members of the provincial or city board of canvassers. Also, our election laws require the Commission on Elections (Comelec) to adopt adequate and effective measures to preserve the integrity of the CoCs. More importantly, objections pertaining to questions on the integrity of the elections are matters that go beyond the contents of the CoCs and require evidence presentation and scrutiny. Thus, the resolution of fraud allegations in the conduct of the elections is outside of the authority delegated by the Constitution to Congress as the National Board of Canvassers. Consequently, once it is established that the CoCs are authentic and duly executed, it is ceremonial and ministerial for the Congress to certify and canvass these CoCs.

The losing presidential or vice-presidential candidate, however, is not without any remedy. The Philippine Constitution provides that the Supreme Court, sitting en banc as the Presidential Electoral Tribunal (PET), shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President. Since the PET is composed of 15 non-partisan Justices of the Supreme Court, it is the most appropriate forum to resolve issues on election fraud and other matters relating to the conduct of the presidential or vice-presidential elections.

The limitations on the power of Congress to certify the results of the elections are based on sound and well-tested reasons. However, the effectivity of these limitations has been challenged on several occasions. The most serious of these challenges was the US Capitol insurrection. However, the members of the US Congress mustered their courage and overwhelmingly decided across party lines to certify the electoral votes.

In the future, similar challenges may be posed in the Philippines. We can only hope that our representatives in Congress will go beyond partisan politics and uphold their solemn oaths to uphold and protect the Constitution.

This article is for informational and educational purposes only. It is not offered and does not constitute legal advice or legal opinion.

 

Hezro I. Caandoy is an Associate of the Litigation and Dispute Resolution Department (LDRD) of the Angara Abello Concepcion Regala & Cruz Law Offices or ACCRALAW.

(632) 8830-8000

hicaandoy@accralaw.com

Why digital infrastructure development is crucial now

The government is trying to keep Filipinos alive and healthy and, at the same time, trying to demonstrate to the world the effectiveness and efficiency of its public health administration through COVID-19 numbers. Since the early days of the pandemic, they have stuck to the narrative that, to achieve this objective, there is really no viable alternative except to keep people in their homes until the vaccine is here and enough people have it to achieve herd immunity.

On the other hand, a lockdown of the magnitude that the country was initially subjected to can only lead to the grinding halt of the economy and, eventually, its contraction. This is not to say, however, that the lockdown was not necessary nor that the resulting negative economic growth was not inevitable. How else can the economy perform without business production, household consumption, and government spending?

The extreme options seemed clear-cut. Impose a lockdown, restrict movement, and the economy will suffer. Remove the lockdown, allow unhampered travel, and many more people will get sick and die. Obviously, the way out of the predicament is to find the best mix of lockdown and economic activity — an approach that will allow the economy to function even if there is restricted movement of people — and that is through digital commerce.

The Department of Trade and Industry reported in September last year that more than 75,000 online businesses were registered from January to August. Unfortunately, this development was hailed by some government officials more for its tax-revenue potential rather than its essential role in contributing to consumer spending and the movement of goods and services. For the new entrepreneurs, this situation is their proverbial opportunity in crisis. The lockdown provided the setting for the blossoming of e-commerce in the country. While steadily getting off the ground over the years, this mode of commerce did not really hit it off with the Filipino consumer, until the lockdown and only when it became absolutely necessary.

At a recent international webinar on new technologies for 2021 hosted by the Philippine-American Academy of Science & Engineering (PAASE) in partnership with Stratbase Albert del Rosario Institute (ADRi), Karen Yang Chiang, head of Enterprise Architecture and Innovation of GCash, said that their company provided Filipinos with a seamless platform that verify transactions in real time and enabled easy flow of funds with the integration of banks and InstaPay in over 33,000 outlets and machines mixing offline QR codes in malls, online webpay, and integrated with Lazada, Apple, Google, social media sellers with over 400 billers that consumers can conveniently pay.

Chiang also cited that the “Filipino livelihood has been vastly affected by COVID-19 with a 16.9 GDP decline in (Q2) 2020, the worst in 36 years. Our unemployment rate is at 10%, which means that over five million Filipinos are left jobless; 26% of medium and small enterprises have fully closed, and 78% or 4.5 million businesses are experiencing full or partial closure. GCash is really keeping the economy moving with over 500,000 social sellers using our P2P service.”

The previous lackluster performance of the online platform can be attributed mainly to the lack of a stable and reliable internet connection. No internet means no online transaction. Moreover, an unstable internet connection could cause dropped transactions that potentially complicate the experience and turn away the customers. But that’s not all, given the upsurge in remote working and online learning, the internet and new technologies become more critical than ever.

In the same webinar, Dr. Carlos Primo “CP” David, Stratbase ADRi Trustee and Program Convenor said that new technologies are critical enablers for enhancing relationships, making daily transactions much easier and safer in this new normal. He added that online transactions will also level the playing field of small and big players.

Stratbase ADRi President Prof. Dindo Manhit, in his opening remarks, said that technology is playing an increasingly important role in the daily lives of Filipinos and that digitization can greatly shape economic recovery — but only if our digital infrastructure is ready. He proposed that the government throws its hat in the ring and use development loans to synergize digital infrastructure projects with the already massive investments of the private telcos, potentially quadrupling the resources.

By the looks of it, there is no turning back when it comes to the digital economy. We need to see clearly how to harness its immense potential in much the same way we see physical infrastructure creating multiplier effects. Digital infrastructure development, however, is not just about putting up towers — the government must also address the gaps in knowledge, regulatory framework, and access by working together with the private sector and its development partners.

The logic is really simple. There are no two ways about it — we need digital infrastructure development, and we need it now.

 

Edwin Santiago is a Fellow and Member of Editorial Board of the Stratbase ADR Institute.

Misapplied overzealousness

I don’t remember who said that military intelligence is an oxymoron, or a contradiction in terms.

That is obviously an exaggeration; but I find the joke consoling in the midst of the lame brained overzealousness personified by military General Antonio Parlade who has not inhibited himself from posting his red tagging thoughts on social media. It seems National Defense Secretary Delfin Lorenzana has dismissed another general for being political on social media; but Parlade seems to be an exception.

The military cites the fact that some University of the Philippines (UP) alumni have been killed along with New People’s Army (NPA) rebels. Well, if they had taken up arms against the government, that is the price they pay for freely pursuing their beliefs at the risk of their lives.

The brouhaha over the Armed Forces of the Philippines’ (AFP) desire to be allowed to enter UP campuses in order to conduct surveillance of alleged recruitment of UP students by the NPA is understandable. UP Professor Jay Batongbacal, Southeast Asian expert on the Law of the Sea, asks why the military does not instead conduct surveillance on the West Philippine Sea where China has taken over more and more of our UN-recognized territories. After all, the Philippine Constitution provides defense of our territories as the military’s raison d’etre. Senator Kiko Pangilinan and Ateneo Professor of Constitutional Law Antonio La Vina have cited the fact that the most violent attacks against the government were undertaken by graduates and former faculty of the Philippine Military Academy (PMA); and that therefore, surveillance should instead be conducted at the PMA.

This recent spate of red tagging overzealousness seems to have replaced drug lords and drug pushers and users as the government’s or the President’s favorite contrabidas (bad guys). Having a declared enemy seems to energize the President who wants, or needs, I guess, to constantly feel or look heroic. Why can’t he consider Communist China as our biggest enemy? After all, they are certainly outright reds. And they are in fact encroaching on our territories. They have been destroying our marine resources. They have prevented our fishers from harvesting in our own waters. In fact, they have graduated from fishing for giant clams to building military outposts, and lately, threatening to use arms against “encroachers” on “their” territories, which includes those owned by us, and some of our neighbors’, according to international laws. Besides, remember that during his presidential campaign, Rodrigo Duterte promised to fearlessly ride a jetski to Scarborough where he would plant the Philippine flag. By their illegal takeover of our territories, China should be our enemy. They should be the primary defense focus of our military. Why does the President instead constantly kowtow to them? He has even openly defended a preference for the Chinese Sinovac COVID-19 vaccine, which has been reported to have 50% efficacy in Brazil vs. Pfizer’s reportedly over 90% effective vaccine.

Remember too, that communism or membership in the Communist Party is no longer against Philippine law. Leftist thinking certainly is not against our laws. In a country like ours where there is little justice and most of the people are poor, and almost 40% regularly suffer involuntary hunger, we should expect massive discontent. Government should be competing with this discontent by delivering better and more equitable services. It is difficult not to wonder if the system is wrong. And whether alternative systems, such as those among leftists, will be better. There is certainly no crime in thinking that way. Our communist neighbor Vietnam has courageously repelled China’s invasion of its waters. Vietnamese mariners rescued Filipino fishers who would have drowned after having their boat rammed by Chinese boats which abandoned them. Vietnam is certainly becoming more productive and progressive than us. It has overtaken us as the second biggest coffee producer in the world and it has been selling us rice! It is also one of the more successful countries in the battle against COVID-19. Besides, China will soon overtake the United States as the most prosperous country in the world. Shouldn’t we wonder why we are not turning more and more red?

Also reportedly threatened under the recently passed Anti-terror Law are party-list representatives in Congress. While the Party-list system could stand some improvement, there is no good reason for outlawing organizations such as Bayan Muna and Gabriela which have displayed patriotism in taking courageous and independent positions in Congress which is plagued with toadies. The issue being cited is also their “leftist” leanings.

Obviously, the military needs a reorientation. The Constitution provides that no member of the military shall engage, directly or indirectly, in any partisan political activity, except to vote. They are also to respect the people’s rights in the performance of their duty. Defense Secretary Delfin Lorenzana should undertake a program to re-educate our soldiers — first of all, their officers — on what a liberal democracy is all about; and on the provisions of our Constitution, with emphasis on the Bill of Rights. They are supposed to stay away from politics and to focus on their job of defending our country and our people from threats to our territories and communities. It is not their job to interfere with how we think. But certainly they are to prevent us, if necessary with the use of force, when we take armed illegal action against the government and our territories.

We must vigilantly guard against politicizing the military. Look what is happening in Myanmar!

Secretary Lorenzana has agreed to a meeting with the administrators of the University of the Philippines. The academics must not budge from their refusal to admit military officers into their campuses for purposes of surveillance on how their students think and who they associate with (as long as they do not violate our laws). This has got to be a no-compromise position. There is a joke going around suggesting that UP install Nine-Dash Lines inside their campuses in order to prevent military intervention. Why not? It seems to be working.

 

Teresa S. Abesamis is a former professor at the Asian Institute of Management and Fellow of the Development Academy of the Philippines.

tsabesamis0114@yahoo.com

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