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Drop cha-cha, pass pending economic bills, Congress told

By Jenina P. Ibañez and Gillian M. Cortez, Reporters

THE PHILIPPINE Chamber of Commerce and Industry (PCCI) on Monday urged lawmakers to prioritize the passage of pending economic bills instead of changing the 1987 Constitution.

The House of Representatives is seeking to ease economic restrictions of the charter for ratification at a plebiscite that will coincide with the 2022 national elections.

Congressmen want to insert the clause “unless otherwise provided by law” in parts of the Constitution that limit foreign ownership in certain Philippine industries. This will allow Congress to pass a law later relaxing ownership limits.

“While it may be the fastest option, inserting the provision could potentially weaken the country’s highest law by making it easier for ordinary legislation to amend the Constitution,” PCCI President Benedicto V. Yujuico said in a statement.

The country’s largest business group said the government should instead prioritize bills that cut corporate income tax, lift limitations on foreign equity ownership in telecommunications and transport, and expand loan aid to small businesses affected by the coronavirus pandemic.

“PCCI supports initiatives to liberalize the restrictive economic provisions of the Constitution to enhance the country’s competitive position globally, encourage more foreign direct investments and address monopolistic, uncompetitive behaviors and under-investments in some sectors critical to public interest,” Mr. Yujuico said.

“But this should be done in a deliberate and careful manner that will continue to make the Constitution withstand various economic interests, but especially the test of time,” he added.

The European Chamber of Commerce of the Philippines (ECCP) said it supports the push to change the Constitution to encourage foreign investments and spur an economic rebound.

“We also believe that this latest move goes hand in hand with the passage of the proposed Corporate Recovery and Tax Incentives for Enterprises Act and the remaining Bayanihan packages to also reinvigorate economic activities,” ECCP President Nabil Francis said in a text message.

Aside from cutting corporate income tax, the measure will also streamline tax incentives by making them more time-bound and performance-based.

American Chamber of Commerce of the Philippines Senior Advisor John Forbes said foreign chambers want to make the foreign investment negative list “less negative.”

“Removing or modifying the constitutional restrictions on foreign equity would certainly improve the competitiveness of the Philippines to attract foreign investors,” he said in a text.

Also on Monday, Party-list Rep. Alfredo A. Garbin, Jr. said lawmakers would not touch political provisions of the Constitution.

“We are not proposing to open the basic law of the land to revisions,” the chairman of the House committee on constitutional amendments said in a statement.

“We want to limit ourselves to provisions relating to the economy and national patrimony. We will not touch the political sections of the charter,” he said, citing an order from Speaker Lord Allan Jay Q. Velasco.

Meanwhile, Albay Rep. Jose Maria Clemente S. Salceda said the country would earn as much as $7 billion in yearly foreign direct investments if ownership restrictions in the Constitution are lifted.

Marikina Rep. Stella Luz A. Quimbo said relaxing the restrictions on foreign investments is especially needed during the crisis, adding that Vietnam is poised “to overtake us in terms of GDP (gross domestic product) per capita this year.”

“Apart from their swift COVID response, they have sustained high economic growth over the years, partly driven by foreign direct investments,” she said in a statement.

China’s foreign envoy to discuss trade with Filipino counterpart

CHINA’S state councilor and foreign minister will visit the Philippines this week to advance priority areas of cooperation including trade and investment, according to the Department of Foreign Affairs (DFA).

Foreign Affairs Secretary Teodoro L. Locsin, Jr. had invited Chinese Foreign Minister Wang Yi for a bilateral meeting on trade and investment, infrastructure development and efforts to battle the coronavirus pandemic, the agency said in a statement on Sunday evening.

“Together with their virtual meeting in July last year, the state councilor’s visit attests to the sustained high-level engagement of the two countries,” DFA said. “It also symbolizes the determination and steady progress of both sides toward gradually reopening their societies and economies.”

Mr. Wang’s visit reciprocates Mr. Locsin’s visit to China in October, the agency said. Mr. Wang will also meet with his counterparts in Myanmar, Indonesia and Brunei before he arrives in the Philippines.

Meanwhile, a senator on Monday asked the Chinese government to investigate the entry of unauthorized coronavirus vaccines in the Philippines.

“China must explain,” Senator Risa N. Hontiveros-Baraquel said in a statement. “Beijing should lead their own inquiry and submit pertinent information to Philippine agencies.”

She said China’s action might lead to increased confidence from the international community in China-made coronavirus disease 2019 (COVID-19) vaccines.

“Transparency from their end could raise the public trust in China-made vaccines, not only in the Philippines but also across the world,” she said. — Charmaine A. Tadalan

Regional Updates (01/11/21)

City mayors to meet nat’l execs to discuss vaccine procurement as more local governments seal contract with AstraZeneca

CITY mayors are set to meet with national officials online on January 12 to discuss the procurement of vaccines as several local government units (LGUs), mostly cities and some provinces, have already signed contracts with pharmaceutical firm AstraZeneca Plc. Several other LGUs have also allocated funds from their budgets for the purchase of vaccines against the coronavirus. Bacolod City Mayor Evelio R. Leonardia, president of the League of Cities of the Philippines (LCP), said national officials in charge of the country’s vaccination program will attend the meeting. “Vaccine Czar Secretary Carlito Galvez, Jr. has confirmed his attendance to the meeting and will present the national government’s roadmap to coordinate and assist LGUs in securing vaccines,” Mr. Leonardia said in a statement. Food and Drug Administration (FDA) Director General Rolando Enrique D. Domingo is also expected to attend to provide updates on the emergency use authorization for coronavirus disease 2019 (COVID-19) vaccines, he added.

SHARING RESOURCES
“Those who can afford as a team player should be sharing each’s resources. Those who cannot should be assisted by the national government,” Mr. Leonardia said over state-run Radyo Pilipinas on Monday. The LCP will also request for the group’s inclusion in the membership of the national COVID-19 inter-agency task force (IATF) to ensure that national and local vaccination programs are aligned. Bacolod is among the local governments that already signed a tripartite agreement with AstraZeneca and the national government. More than half of the 17 LGUs in Metro Manila have inked a similar deal with AstraZeneca, reserving varying volumes of doses. Outside the capital, among those that have secured advanced orders are the cities of Baguio, Dagupan, Ormoc, Iloilo, Zamboanga, and the province of Iloilo. Presidential Spokesperson Harry L. Roque on Monday said local governments won’t be able to procure vaccines without the “signature” or approval of the national government.  “When it comes to vaccine procurement and inoculation, LGUs should follow the policies set by the IATF,” he said in a press briefing. — Kyle Aristophere T. Atienza

P2P buses resume in Zamboanga’s major cities

POINT-to-point (P2P) buses between the main urban areas in the Zamboanga Peninsula Region will start operations on January 16, covering the cities of Zamboanga, Pagadian, and Dipolog and Ipil town. The management of the Integrated Bus Terminal in Zamboanga City, the regional center, released on Monday the guidelines for travelers and fare rates. Under the P2P scheme, buses are prohibited from picking up or unloading passengers anywhere “in between the point of origin and point of destination.” Passengers will be strictly required to present all documentary set by the local government of the destination as well as purchase tickets at least two days before the travel date. “No walk-in passengers” will be allowed, except in emergency cases such as for medical care. Minimum health protocols such as wearing of face mask and shields will also be in effect. — MSJ

Enough water supply for Metro Manila, nearby provinces in summer — NWRB

METRO Manila and its nearby provinces would have adequate water supply during the coming summer months given the current high level of Angat Dam, the National Water Resources Board (NWRB) said on Monday. “With the current level of around at elevation 212.2 meters (m) of the Angat Dam, we will have sufficient water supply for Metro Manila and adjoining provinces during the summer season and until the projected onset of the rainy season around May or June,” NWRB Executive Director Sevillo D. David, Jr. told BusinessWorld in an interview via Viber. Metropolitan Waterworks and Sewerage System (MWSS) Administrator Emmanuel B. Salamat, in a separate advisory on Monday, also assured of adequate supply during the dry season. “With the favorable projection of our water level at Angat Dam and… by mitigating measures to address the water requirements of Metro Manila and other areas like Bulacan and Rizal that comprise the MWSS service areas, we can assure of sufficient water supply for summer 2021,” Mr. Salamat said. The capital region suffered raw water supply shortage in 2019. Angat Dam, the main source for the capital, recorded a normal high water level of 212 meters (m), and a reservoir water level of 212.21 meters as of Monday morning. — Angelica Y. Yang

Abalos takes oath as new MMDA Chair

FORMER Mandaluyong City mayor Benjamin S. Abalos, Jr. was sworn into office as the new chairperson of the Metropolitan Manila Development Authority (MMDA) at noon on Monday in Malacañang. “We vow to support his leadership, plans and programs in the pursuit of efficient and quality public service,” MMDA General Manager Jose  Arturo S. Garcia, Jr. said in a statement on Monday. Mr. Abalos succeeds the late Danilo D. Lim, who passed away last week. The MMDA is tasked to plan and implement metro-wide services and programs in the capital region, which is composed of 16 cities and one municipality. Mr. Abalos served as local chief of Mandaluyong from 1998 to 2004, and from 2007 to 2016. He was also elected as the city’s congressional representative from 2004 to 2007. He also served as president of the Union of Local Authorities of the Philippines and League of Cities of the Philippines (LCP) from 2007 to 2010. — Kyle Aristophere T. Atienza

PSC underscores athletes’ safety is paramount as training resumes

By Michael Angelo S. Murillo, Senior Reporter

THE planned return to training of national athletes vying for a spot in the rescheduled Olympic Games at the weekend did not push through and instead was delayed by a week, but the Philippine Sports Commission’s (PSC) reminder on safety stays.

In a virtual orientation last week, the PSC reiterated that while the return to training of the athletes is very important with less than 200 days to go before the sporting spectacle to be held in Tokyo and final qualifiers for it just around the corner, such should not be done at the expense of proper health and safety protocols.

“We called for this meeting to emphasize the safety protocols you will be needing for this Olympic training bubble. I am confident that we can all adjust to this, but know that your safety is paramount to the PSC,” PSC Commissioner Ramón S. Fernández told athletes and coaches during the orientation on Jan. 6.

Mr. Fernandez was joined by other sports officials in the meeting, including Olympic chef de mission Mariano V. Araneta Jr. who added, “I just want to reiterate that your safety is paramount in this bubble training. I wish all of you the best for your qualifiers, so that we can bring more glory to Philippine sports.”

Some 46 athletes and coaches from the boxing, taekwondo, and karate national teams are expected to enter the training “bubble” at the INSPIRE Sports Academy in Calamba, Laguna, on Jan. 15 to resume face-to-face training after months of settling for virtual and individual workouts because of the coronavirus pandemic.

The training resumption, which was originally scheduled to begin on Jan. 9, is geared towards helping Filipino athletes contend for a spot for the Tokyo Olympics happening from July 23 to Aug. 8.

In the months leading up to the Games, a number of qualifiers are lined up where sports officials hope the country’s athletes will perform well.

The Philippines is targeting to send at least 15 athletes to the pandemic-hit Olympics.

To preserve the integrity of the bubble at INSPIRE, which will be the home of the athletes for the next couple of months, and guard against the spread of the coronavirus, the PSC crafted a set of health and safety protocols to follow.

The agency’s Medical Scientific Athletes Services (MSAS) Unit led in crafting the protocols, which took into consideration already-established measures by the World Health Organization, Department of Health, and the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID).

“We have to be extra careful in that. If we don’t have the proper protocols, it will be useless because, eventually, we will have to put a stop to it,” said PSC Chairman William Ramirez of the protocols they have crafted.

On top of the protocols is the formation of an expert group among stakeholders to aid in the interpretation and give advice on any unusual and expected results of coronavirus tests.

“Athletes will undergo a series of RT-PCR testing. Prior to entry, upon entry, and several testing during the bubble training,” said MSAS Head Dr. Randy Molo.

He went on to advise participants to restrict movement 14 days before entry, and restricted interactions seven days prior to their entry in the bubble facility.

“From today (Jan. 6), everyone must reconsider all the places and people they will be interacting with,” Dr. Molo said.

Philippine Sports Institute National Training Director Marc Velasco said that the MSAS Medical Unit, Rehabilitation Unit, Strength and Conditioning Unit, Sport Massage Unit, Sports Physiology, Sports Nutrition and Sports Psychology Unit will be available to serve the Olympic hopefuls via live and virtual consultations.

The boxing team is set to first arrive at the facility on Jan. 15, to be followed by the taekwondo and karate teams on Jan. 16 and 17, respectively.

Top boxing bets Irish Magno, who already qualified for the Tokyo Games, and Nesthy Petecio lead the national boxers in the bubble, to be joined by the likes of Carlo Paalam, Ian Clark Bautista, Riza Pasuit, Charly Suarez, James Palicte, and Rogen Ladon.

Another boxer, Eumir Felix Marcial, who has also qualified for the Olympics, is currently in the United States training at the Wild Card Gym as he is also a professional fighter under Manny Pacquiao’s MP Promotions.

But the Association of Boxing Alliances in the Philippines is hoping he could join the team in the bubble training at some point to fortify their push.

The taekwondo team, meanwhile, is to bring in 2016 Rio Olympian Elaine Alora, Kurt Barbosa, Arven Alcantara, Butch Morrison, and Pauline Lopez. It is eyeing to be ready come the Asian qualifiers in April in Jordan.

Karate, for its part, will have Jamie Lim, Sharief Afif, Alwyn Batican, and Ivan Agustin, to be joined later by Junna Tsukii and Joan Orbon, who are both coming from abroad.

The IATF-EID gave its go signal for the national athletes to return to training on Dec. 15.

Incidentally, also training right now at INSPIRE is the national men’s basketball team.

Gilas Pilipinas began its month-long bubble training on Sunday in preparation for the third and final window of the FIBA Asia Cup Qualifiers set for February.

Raven QB Lamar Jackson runs into NFL record book

QUARTERBACK (QB) Lamar Jackson etched his name in the National Football League (NFL) record book while leading the Baltimore Ravens to a 20-13 win over the host Tennessee Titans in an American Football League (AFC) wild card game on Sunday in Nashville, Tenn.

Jackson’s 48-yard touchdown run was the second-longest for a score by a quarterback in NFL postseason history. It trails only Colin Kaepernick’s 56-yard sprint in the San Francisco 49ers’ game against the Green Bay Packers in the NFC divisional round in 2013.

Jackson now holds two of the top three rushing performances by a quarterback in NFL playoff history. His 136 rushing yards on Sunday are third-most by a quarterback in a playoff game, behind Kaepernick’s 181 against the Packers in 2013 and Jackson’s 143 he posted in last year’s loss to the Titans in the divisional round. Kaepernick rushed for 130 yards for the 49ers against the Seattle Seahawks in the 2014 NFC Championship game.

However, Jackson and Kaepernick are the only quarterbacks to eclipse the 100-yard rushing mark and score at least a touchdown. Michael Vick, who amassed 119 yards rushing against the then-St. Louis Rams in the 2005 divisional round, and Donovan McNabb, who rushed for 107 yards in 2003 against the Packers in the divisional round, each rushed for at least 100 yards but didn’t run into the end zone.

Jackson completed 17 of 24 passes for 179 yards with an interception against the Titans.

“We finished. We finished,” Jackson told ESPN after the game. “We finally finished.”

Last week, Jackson became the first quarterback in NFL history to rush for at least 1,000 yards in multiple seasons, while leading the Ravens to their third straight AFC playoff berth with a 38-3 win over the host Cincinnati Bengals. The victory enabled Jackson to become the fastest quarterback in league history to win 30 games, doing so in his 37th start.

Jackson rushed for 1,005 yards and seven touchdowns during the regular season.

Jackson rushed for an NFL quarterback-record 1,206 last year in his first full year as a starter, en route to becoming the youngest quarterback to be named NFL MVP.

The mark eclipsed Vick’s record of 1,039, which he set in 2006 — the only season in which he broke 1,000 yards. — Reuters

Clarkson looks to repay confidence given to him by Jazz

AWARDED by the Utah Jazz with a fresh four-year contract extension in the offseason, Filipino-American player Jordan Clarkson looks to repay the confidence given to him, setting solid personal goals and for the team.

“I’m gonna go out there and perform. I’m just gonna go out there and help the team win,” said Mr. Clarkson in his recent media conference with Filipino sportswriters.

Mr. Clarkson, who was born to a Filipino mother and American father, signed a four-year, $52-million deal to stay with the Jazz after joining the team in 2019.

It was a decision he said was not hard to make as he found a fit with the team and had built good relationships with the players and coaches in just a short time.

The drive and commitment to win by the team also had him excited and that he hopes to do his fair share in going about and achieving it.

“Everybody here just has the same goal of winning together. It’s where it all came for me. I wanted to continue to grow here and do great things here in Utah. Definitely, I didn’t want to leave this group,” he said.

One of the things he wants to accomplish at the onset, Mr. Clarkson said, is win the Sixth Man of the Year Award, something he is confident of being in a good position to vie for, considering the playing time and stability given to him by the Jazz.  

“One goal and achievement that I want to have under my belt is winning the Sixth Man of the Year award. I already feel I’m in the conversation for it a lot because I’ve been traded multiple places now, but just having that opportunity to be out there playing and just be with this organization — having the opportunity is going to be great for me,” he said.

Mr. Clarkson, who split time in Tulsa and Missouri in college, was drafted on the Los Angeles Lakers in 2014. He was traded to the Cleveland Cavaliers in 2018 before landing to Utah a year later.

So far in the ongoing NBA season, Mr. Clarkson, 28, has been going great guns, averaging 16.7 points per game (third in the team), 4.2 rebounds, 1.4 steals and one steal per game in 10 games for the Jazz (6-4).

Utah has won its last two games, the most recent over the Detroit Pistons, 96-86, on Monday (Manila time).

Mr. Clarkson finished with 18 points in the game, going 3-of-7 from beyond the arc.

Back in 2018, Mr. Clarkson played for the Philippines in the Asian Games in a team coached by Joseller “Yeng” Guiao. — Michael Angelo S. Murillo

Anthony Davis helps LA Lakers trounce Houston Rockets

ANTHONY Davis scored 27 points and blocked three shots in his return from a one-game injury hiatus as the Los Angeles Lakers remained unbeaten on the road with a 120-102 victory over the Houston Rockets on Sunday.

Davis, who missed the Lakers’ win over the Chicago Bulls last Friday with a right adductor strain, started nine for nine from the floor. LeBron James added 18 points, seven rebounds and seven assists while Montrezl Harrell produced 16 points and eight boards off the Lakers bench.

The Lakers ran Houston ragged, totaling 32 fast-break points and added 62 points in the paint.

Christian Wood paced the Rockets with 23 points, while James Harden added 20 points and nine assists but committed seven turnovers. Houston shot just 12 for 41 from behind the arc.

The Rockets used a 16-two third-quarter run that featured eight points from Wood and a Harden 3-pointer to claw their way back into contention, cutting what was once a 27-point deficit to 11 points. But the Lakers sandwiched a John Wall turnover with layups from Dennis Schroder and Kyle Kuzma in the fourth and reestablished a 20-point lead at 102-82 on another Kuzma layup.

The Lakers reeled off a 12-0 blitz in the first quarter to establish their cushion, surviving the ejection of Markieff Morris with 2:15 left in the period. Houston, despite shooting just 27.3% and committing eight turnovers in the first, clawed to within 25-21 by the close of the frame based largely on 10 trips to the free-throw line. When the Lakers stopped fouling in the second, Los Angeles (LA) extended its lead to as much as 20 points on back-to-back baskets from James.

Davis and Talen Horton-Tucker (17 points) were instrumental in helping the Lakers to a 40-point second quarter, combining for eight consecutive points during one stretch in that period. Davis closed the half with 21 points on eight-of-eight shooting, with one missed free throw preventing him from achieving shooting perfection. The Lakers capped the half shooting 56.8%, while adding seven steals and seven blocks to stifle the Rockets defensively. Houston missed 20 of 25 3s. — Reuters

Jamie Lim determined to make it happen in Tokyo Olympic push

HER push to make it to the Olympic Games in Tokyo down to one last shot later this year, national karate team member Jamie Lim said she remains undeterred and looking to make things happen in her quest.

Speaking on The Chasedown program on Saturday, Ms. Lim said the road to Summer Games for her has been made difficult by the coronavirus pandemic as training had been limited to virtual sessions and individual workouts, but she believes there is still time to make up for it to prepare and qualify.

“It’s going to be [tough] as everybody who hasn’t qualified in the Olympics will try to qualify there,” said the medaled karateka, referring to the last Olympic qualifier to be held in Paris, France, on June.

“But we will try our best. I’m going to do everything I can,” she added.

To help in her push, Ms. Lim will be among the athletes entering the training “bubble” for national athletes at the INSPIRE Sports Academy in Calamba, Laguna, set to begin later this week.

The athletes will stay in the facility for the next couple of months to fortify their game as they vie for spots in the Olympics in the qualifiers lined up in the months leading to it.

It is an opportunity that Ms. Lim, son of Philippine Basketball Association legend and former national athlete Samboy Lim, welcomes, seeing it as further elevating her preparation.

“Training continued for me even during the lockdown, but I’m excited and getting ready to enter the bubble. I’m aware of the protocols and they seem to be fine,” she said.

Ms. Lim also shared that apart from the bubble training in Calamba, the karate team is also up for training abroad as well as competitions.

In the Paris qualifier, the Philippines will field in six karatekas — three male and three female athletes.

Prior to having it challenging in 2020, Ms. Lim had a banner on 2019, winning gold medals at the Amator Spor Haftasi Karate Championships in Turkey and at the 30th Southeast Asian Games held here. — Michael Angelo S. Murillo

Ronaldo and Ramsey on target as Juventus beat Sassuolo

GOALS from Cristiano Ronaldo and Welshman Aaron Ramsey helped Juventus to secure a 3-1 victory over 10-man Sassuolo in Serie A on Sunday, lifting the champions to fourth place in the standings.

Following their win at leaders AC Milan in midweek, Juventus struggled to create many chances in the first half, but their cause was aided after Pedro Obiang was sent off for a dangerous tackle on Federico Chiesa just before halftime.

Juventus capitalized on the numerical advantage as Danilo was left in plenty of space to fire home a fierce opener in the 50th minute, but the lead lasted just eight minutes as Grégoire Defrel leveled to stun the hosts.

Ramsey, who has been in and out of the side this season, puts Juve in front in the 82nd minute with his first goal of the season. In contrast, Serie A top scorer Ronaldo took his season’s tally to 15 as he struck in stoppage-time to complete the win.

The result helped Juve close the gap with leaders Milan to seven points, having played one game less. Sassuolo stays seventh.

“Victories are built with everyone’s work and sacrifice, we have already made mistakes too many times,” Juventus coach Andrea Pirlo said.

“After Milan’s win over Torino (on Saturday), we understood that we need maximum concentration and the desire to bring home the victories. We had to continue after the win at the San Siro. It was important to maintain our form.”

After scoring three times in Milan in midweek, Juve’s strikeforce could not get going in the first half at the Juventus Stadium.

Obiang’s dismissal, however, gave Juve a boost, with the referee issuing a straight red card after the VAR asked the official to have another look at the midfielder’s studs-up tackle on Chiesa.

Danilo’s third Juventus goal settled the hosts’ nerves, but Sassuolo, enjoying a fine season, were not overawed despite being a man down as Defrel fired them level and they had several other chances to take the lead.

Ramsey, who replaced the injured Weston McKennie in the first half, got the all-important second, arriving on cue to meet a Gianluca Frabotta cross, before Ronaldo drilled home to make sure of a third successive win for Juve. — Reuters

CREATE is the only choice!

At the forthcoming legislature’s bicameral conference on corporate tax reform, it should only be a choice between CITIRA (Corporate Income Tax and Incentives Reform Act, House Bill No. 4157) and CREATE (Corporate Recovery and Tax Incentives for Enterprises Act, Senate Bill No. 1357). CITIRA is the House version of Package 2 of the comprehensive tax reform. CREATE, on the other hand, is the Senate Version. Both are good packages, each complete and balanced on its own, and worthy of our support.

There should be no third choice — no hybrid of the two, no massive “picking and choosing” of favored provisions and combining them to form the third version of Package 2. Of course you can, legally, but you destroy the holistic framework of the package, in effect incapacitating it from addressing the very purpose of pursuing a tax reform. You also destroy the revenue mix, hence creating an imbalance that results in either overtaxing the people or lacking in funds to meet the needs of the country. You cannot, for example, retain CITIRA’s proposed 10-year annual 1% corporate tax reduction from the current 30% to 20%, yet keeping CREATE’s proposed 10-year incentive status quo because the resulting revenue loss would be substantial. When Congress designed CITIRA, or in the case of the Senate, the CREATE, each was meant to be a whole package by itself, each component carefully designed in relation to the other parts and to the totality of the package.

With all the lobbying by groups with varied interests, each House labored tirelessly to balance and re-balance those interests, adjusting every provision to eventually form a corporate tax package that, in totality, will best achieve the objective of having a simple, fair, competitive, and fiscally prudent tax system that can sustain the revenue needs of the government for a considerable long period of time. Tinkering with these packages at the bicameral level when there is limited time to do a full impact study of such changes, would not at all be safe and desirable.

Both are good packages, but with COVID-19 and after, CREATE is the only choice left for us. I explain why.

CITIRA and CREATE were conceptualized under two different time periods with completely different conditions. CITIRA was crafted pre-COVID when the country’s economy was at its best, promising brighter days ahead. CREATE, on the other hand, was crafted right in the middle of a pandemic, a hurting economy, a worldwide slump where chaos is the order of the day and survival of the fittest is the game. That made the big difference between the two.

CITIRA was meant to support an already blossoming economy pushing it further and faster forward, CREATE is meant to revive a heavily hurting economy, save businesses, restore consumer confidence, and give the country a fresh restart. It is meant to trigger the “great restart” after a pandemic, a perfect example of how tax can be used as a powerful tool to build an economy.

Thus, as structured, CREATE is not simply a tax reform meant to provide a simple, equitable, and a competitive tax system.

CREATE is, more than anything else, a fiscal response for the survival of our economy, our businesses, especially the micro, small and medium enterprises (MSMEs) employing more than 60% of our workforce. It is a fiscal response to mitigate widespread involuntary hunger now experienced by more than 4 million families, and counting. It is a fiscal response, the most direct and cost-efficient stimulus to revive what was once considered the fastest growing economy in the region.

CREATE is well-crafted and targeted to address COVID-19 priorities by first giving relief to small businesses, lowering outright their tax rate from 30% to 20%, an equivalent subsidy of 10% of net income effective July 2020 and every year onward. This savings could be used to retain employees or to cope with the required facilities of working under a new normal. The MSMEs entitled to this relief are those with taxable net income not exceeding P5 million and total assets (excluding land) not exceeding P100 million.

CREATE also provides immediate relief to MSMEs to recover quickly.

Provisional reduction in taxes for a period of three years from July 2020 up to June 2023 were granted. The 3% business tax collected on every one peso of sales was reduced from 3% to 1%, and the Minimum Corporate Income Tax (MCIT) from 2% to 1%. Both these taxes are not net-income based, hence are paid regardless of income. Both are based on gross — one on gross sales, the other on gross profit. The equivalent savings therefore is measured as a percentage of sales (not income), addressing the criticism that reducing the income tax rate has no benefit to businesses during this pandemic as there is no taxable income to speak of.

The bigger companies (those with net taxable income exceeding P5 million and with total assets exceeding P100 million) are not to be left behind. Their income tax rate was likewise reduced from 30% to 25%. This brings the country’s corporate income tax nearer the ASEAN average at 21.65%. With strong demographic and sound financial fundamentals, such a reduction will foster the country’s potential as an attractive site for investment and makes our local products more competitively priced in international markets.

Tax hindrances to business reorganizations on a wider scale were removed to empower businesses to expand, grow, innovate, and come up with creative solutions for recovery and responding to the challenges of a new normal. Such taxes include income tax and VAT. Administrative red-tape such as a request for a BIR (Bureau of Internal Revenue) ruling prior to such reorganizations were likewise removed.

Foreign-sourced dividends were exempted from tax for as long as these are remitted back home and invested here. Likewise, the 10% improperly accumulated earnings tax (IAET) imposed on excessive retention of income was repealed. All these are meant to encourage more investments to prompt the economy. Support by way of additional deduction for training expenses for on-the-job trainees was also provided.

Direct subsidy to CONSUMERS by way of granting VAT exemption on COVID-related basic health needs were likewise given under CREATE. COVID-19 vaccines, supplies, facilities, equipment, PPEs as well as prescription drugs, medical supplies and devices shall become cheaper by 12% at the hands of consumers as the government picks up the cost of the 12% VAT.

All the above features are lacking in CITIRA. So I say again, CREATE is the only choice we are left with.

As an endnote, the rationalization of incentives will be covered in a separate issue for lack of space. But as a general statement, CREATE’s version of the incentive is a well-balanced modernized incentive system that is performance-based, transparent and targeted, yet flexible, and with sufficient safeguard to exercise fiscal prudence.

 

Benedicta “Dick” Du-Baladad is the Chairperson of the Management Association of the Philippines Tax Committee for 2021 and the Founding Partner and CEO of Du-Baladad and Associates (BDB Law).

map@map.org.ph

dick.du-baladad@bdblaw.com.ph

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Rethinking post pandemic Philippine foreign policy under Duterte

The strategic environment in the South China Sea (SCS) has been changed by China’s increasing revisionism amidst the pandemic. Narrowing of power gaps due to China’s economic rise and US decline, is escalating the risk of unplanned encounters, with most of 2020 being characterized by increasingly frequent US Freedom of Navigation Operations (FONOPs), and China’s People Liberation Army Navy’s (PLAN) surveillance of the SCS’s contested waters.

Given the altered security situation and the uncertainty of post Trump US foreign policy, it is time for foreign policy agents, namely Duterte, the Department of Foreign Affairs (DFA) and the Department of National Defense (DND) to reexamine the Philippine’s strategies based on light hedging with and accommodation of China and correspondingly, a diplomatic distanciation (distancing) from the US, albeit in the context of continuing Philippine-US military alliance. This, in view of an observation that since these choices no longer promote independence from hegemonic powers, they do not secure the Philippines from the consequences of power transition.

Foreign policy critics are pushing for a stronger stance against China.

Reacting to Duterte’s SONA on July 28 last year, Associate Justice Antonio Carpio said, “Vietnam, Malaysia and Indonesia are asserting their sovereign rights to their maritime zones against China’s claims.” He noted, “These countries do not go to war against China, and neither does China go to war against these countries.”

Relevant questions may be asked: What specific policy actions must be put in place if the Philippines were to adopt a “hardening” or smarter position vis-a-vis China, while mitigating the risk of economic coercion or punitive actions (such as boat sinking, unilateral moving of oil rigs, face off, etc.) or, worse, military confrontation? What strategies will allow for strategic maneuvering in the face of unpredictable structural change?

It should be highlighted that the DFA, the military and DND play differing balancing roles in the light of the Philippines’ positioning vis-a-vis superpower SCS rivalry. Since 2016, the DFA has stabilized Duterte’s posture vis-a-vis China through quiet diplomacy, filing note verbales to protest China’s transgressions in Philippine jurisdictional waters. However, on Feb 17, 2020, during the early stages of the pandemic, two diplomatic notes to protest the declaration of Spratlys as China’s new administrative district and the PLAN vessel’s pointing of radar gun towards the Philippines’ BRP Conrado Yap in the Spratly islands, may well be communicating a policy shift.

As in April 2020, the DFA’s contest of China’s sinking of a Vietnamese fishing vessel in the SCS acknowledged the UN arbitral ruling that Duterte underplayed for four years, to wit “(a)s we have said the creation of new facts in the water will never give rise to legal right anywhere or anytime.”

Additionally, DFA Secretary Teodoro Locsin took the opportunity to highlight the four-year-old ruling “overwhelmingly won” by the Philippines against China. Indeed a major turn around from the 2016 presidential decision to deemphasize the award — are these moves evidence of elements of hard hedging or smarter foreign policy response?

Under Duterte, the Philippines has tempered the extreme pro-US bandwagoning that Aquino III pursued during his term. By downgrading the scope of US-Philippines joint exercises to humanitarian assistance and disaster relief (HADR) and delimiting joint military exercises from taking place in the SCS, Duterte redefined the nature of the PH-US military alliance, perceived as a necessary move to de-escalate heightened maritime tensions with China.

Distantiating from the US also meant signaling the review of the 69-year-old Mutual Defense Treaty, subjecting the Visiting Forces Agreement (VFA) to possible abrogation, and asserting the right of the government to determine its continuity or end.

The military and defense establishments are major actors that bridge the chasm between Duterte’s anti-US personal beliefs and actual practice.

Gleaning from the policy reversal behind the revocation of VFA’s cancellation, five months after its termination, it may be concluded that interactions between the executive and the military and the executive and defense are redirecting the “middle-ing” of the Philippines position in US-China rivalry.

Keeping the US alliance intact (in the context of “diplomatic distanciation”), allows the Philippines to position itself for harder forms of hedging with China. However, alliance relationships between small and great powers that used to define the cold war hub and spokes arrangement no longer reflect the once effective global security formula.

With the uncertainty of the PH-US alliance under Duterte, the Philippines should pluralize its strategic partnerships, if bilaterally, as practical tools for reinforcing harder hedging with China, targeting, specifically middle powers that support particular issue areas such as the maritime domain and defense, or maritime deterrence as in the case of our partnerships with Japan and India.

On the other end of the spectrum, the Philippines may rethink a middle power position and activate its diplomatic influence as a power resource that its peers, Malaysia, Indonesia, Thailand, and Vietnam have achieved far better (as per Lowy Institute, 2020). ASEAN-led multilateral forums such as the ASEAN Defense Ministers’ Meeting (ADMM) provide a space for agenda setting. The 2017-2019 ADMM work plan undertaken under the purview of the Philippines’ chairship was focused on non-traditional security cooperation such as HADR, search and rescue, counterterrorism, marine environmental security, and regional defense. Undertaken as ADMM Plus, hegemonic powers (US and China) may be exposed to the socializing impact of the middle powers of the ASEAN and the Asia Pacific.

Indeed Vietnam, Malaysia, and Indonesia are able to stand up against China’s unhinged behavior in the SCS. Their actions, however, do not come without strategizing bilateral or multilateral partnerships and not without “oppositional” actions that require them to significantly engage China in defense and trade as do Indonesia and Vietnam; or as Vietnam balances hard hedging with party to party talks while maintaining a China supported policy of neutrality (3 No’s); or as Malaysia engages in quiet diplomacy in the face of a recent survey ship standoff or as Indonesia and Malaysia structure their foreign policy choices in terms of middle power diplomacy.

 

Alma Maria O. Salvador is an Assistant Professor of Political Science of the Ateneo de Manila University

[B-SIDE Podcast] The sports industry: down but not out

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Everybody loves a comeback story, where the underdog—beaten and bruised—wins it all despite the odds. The sports industry has to recover from a year that saw tournaments canceled and stadiums silent and empty. In this B-Side episode, Rely San Agustin, a sports marketing professional who has been in the industry for more than 20 years, tells BusinessWorld reporter Michael Angelo S. Murillo how sports stakeholders are dealing with the harsh reality that getting fans back into the stands will take time. “A bubble setup makes sense,” said Mr. San Agustin. “Seclusion is needed. You really have to control movement in and out of the venues.”

TAKEAWAYS

Last year—2020—is a lost year for sports.

The effects of the coronavirus hit the revenues of various sports leagues, which were forced to shut down to comply with government quarantine, as well as budgets reserved for sports activities and programs.

“We were taken by surprise by the pandemic, leaving stakeholders scrambling for what’s next to be done to move forward,” said Mr. San Agustin.

To survive, sports leagues are replicating the “NBA Bubble.”

Sports leagues, such as the Philippine Basketball Association and Philippines Football League went the “bubble” way for their activities—a setup where they had all tournament participants holed up in a specific area for a duration of time to guard against the spread of the coronavirus.

It is proving to be a viable option but requires utmost commitment across all levels to succeed. 

It’s going to be a long trek back, requiring patience and the ability to adapt.

The sports industry will be among the last to return to normal, which is why stakeholders must use the time they have right now to carefully chart the path they are going to take.

But all is not lost for the sector as there are avenues to take in its return push, including bringing sports entertainment and brands to consumers through a digital approach—going online and exploring the potential of e-sports. The role of social media is now more valuable than ever.

It is still wait-and-see for sports but it will recover gradually.   

This B-Side episode was recorded remotely in December 2020. Produced by Nina M. Diaz, Paolo L. Lopez, and Sam L. Marcelo.

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