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Duterte daughter tops OCTA’s presidential poll 

Davao Mayor Sara Duterte-Carpio

DAVAO CITY Mayor Sara Duterte-Carpio and her father, President Rodrigo R. Duterte, topped the list of Filipinos’ choices for president and vice president at next year’s elections, according to a poll by Octa Research.  

In a statement, the group said 28% of adult Filipinos would vote for Ms. Carpio for president, while 18% would choose Mr. Duterte for vice president.  

The poll that was conducted from July 12-18 involved 1,200 respondents aged 18 and above.  

The late dictator’s namesake, former senator Ferdinand R. Marcos, Jr., was the second choice for president with 13%.  

Mr. Marcos was followed by Manila City Mayor Francisco M. Domagoso III (11%), and Senators Mary Grace S. Poe-Llamanzares (10%) and Emmanuel “Manny” D. Pacquiao (10%).   

Five percent of respondents would vote for Vice President Maria Leonor G. Robredo, who was statistically tied with Taguig-Pateros Representative Alan Peter S. Cayetano and Senator Christopher Lawrence T. Go.  

Mr. Go was followed by Senate President Vicente C. Sotto III with 3%, Senator Panfilo N. Lacson, 2%; Jejomar S. Binay, 2%; Senator Richard J. Gordon, 1%; and Senator Antonio Trillanes IV, 1%.  

OCTA said 6% of respondents “still do not know whom to vote/refused to name candidates/ not going to vote in the 2022 Presidential Elections.”  

For the most preferred vice presidential bets, Mr. Duterte was followed by Mr. Moreno (11%), Mr. Cayetano (10%), Ms. Poe (10%), and Mr. Marcos (9%).—Kyle Aristophere T. Atienza 

Another 374 workers repatriated from UAE 

ANOTHER 374 Filipino workers were repatriated on Sunday from the United Arab Emirates (UAE), bringing the total from the Middle Eastern country to 3,724, the Foreign Affairs department reported. 

In a press release on Monday, the Department of Foreign Affairs (DFA) said the latest chartered flight from UAE was the 9th organized and funded by the government to assist overseas workers affected by the coronavirus pandemic.   

“We expect to bring home most stranded Filipinos from the UAE by the end of August,” DFA Undersecretary Sarah Lou Y. Arriola said.   

All repatriates received about P10,000 as reintegration assistance from the DFA.  

Since the start of the pandemic last year, about half a million overseas Filipino workers have been repatriated, based on data from the DFA and the Department of Labor and Employment. — Alyssa Nicole O. Tan 

PBA suspends games as tighter restrictions up over NCR

PBA IMAGES
THE PHILIPPINE Basketball Association moved to temporarily suspend proceedings in its ongoing tournament in line with the government’s decision to place the National Capital Region under tighter quarantine restrictions. — PBA IMAGES

THE Philippine Basketball Association (PBA) moved to temporarily suspend proceedings in its ongoing tournament in line with the government’s decision to place the National Capital Region (NCR) under tighter restrictions until Aug. 5.

In statement released on Tuesday, the PBA said games beginning on Wednesday, Aug. 4, are now postponed until further notice with NCR currently placed in General Community Quarantine with heightened and additional restrictions, and from Aug. 6 to 20 set to be elevated to Enhanced Community Quarantine to further guard against the spread of the coronavirus.

The league has already filed a request to the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID) to have games in the Philippine Cup moved to Lipa, Batangas, from the Ynares Sports Arena in Pasig City for the time being. The Province of Batangas is under Modified General Community Quarantine.

The PBA Philippine Cup is almost halfway through since opening shop on July 16.

The Magnolia Hotshots Pambansang Manok lead the league in the standings with an unblemished record of 4-0, followed by the TNT Tropang Giga at 3-0.

The Meralco Bolts are third (4-1), with the San Miguel Beermen (3-1), Rain or Shine Elasto Painters (4-2), NLEX Road Warriors (2-2) and Barangay Ginebra San Miguel Kings (2-2) rounding out the top half.

Completing the standings are the Alaska Aces (2-3), Northport Batang Pier (1-3), Phoenix Super LPG Fuel Masters (1-4), Terrafirma Dyip (0-4) and Blackwater Elite (0-4). — Michael Angelo S. Murillo

Warholm destroys world record to win 400m hurdles

KARSTEN Warholm (NOR) wins the Men’s 400m Hurdles Final in a new World Record time of 45.94 seconds. — REUTERS

TOKYO — A world record had been predicted but Norway’s Karsten Warholm had to utterly destroy it to hold off American Rai Benjamin and take gold on Tuesday in the men’s 400 meters hurdles, in what will go down as one of the all-time great Olympic races.

Last month, Warholm broke Kevin Young’s 29-year world mark with a time of 46.70 seconds but he blew his own record away with an astonishing 45.94 run. Benjamin pushed him all the way to take silver in 46.17, also half a second inside the old record.

Brazilian Alison dos Santos, 21, took bronze in 46.72, also inside Young’s previous best, as six of the first seven finishers set national or continental records.

The new carbon-technology shoes may be contributing to the rash of blazing times being seen in Tokyo but even if they had been running barefoot, the two great rivals would have put on a show to remember.

Double world champion Warholm runs every race as if he is trying to break the world record and on home soil in Oslo last month, he finally got Young’s 1992 Barcelona Olympics mark off the books — and seemingly a weight off his shoulders.

With Benjamin posting 46.83 in the US trials, the record was widely expected to be broken in Tokyo, but nobody could have predicted the massive bites both men took.

In perfect conditions, the two 25-year-olds hurdled beautifully and were side-by-side coming into the final straight, only for Warholm to forge clear.

When he saw the astonishing time, Warholm looked to be in shock. He ripped his vest apart and beat his chest in celebration before sinking to his knees.

Benjamin would have been equally amazed with his time, all the more so for it being only good enough for second place.

“Both of them smashed the old world record. No wonder he rips his shirt apart — he is Superman in this event,” said BBC Commentator and former world 1,500m champion Steve Cram.

Former 110m hurdles world record holder Colin Jackson added: “When you talk about world records, this is up there with Usain Bolt’s time of 9.58 seconds in the 100m, up there with Flo Jo’s 10.49 seconds in the 100m.

“This is one of the most outstanding world records, and I’m pretty sure that world record will outlive me.” — Reuters

Lakers invite Howard, Ariza to return

AN ongoing overhaul of the Los Angeles Lakers will reportedly turn up a few old friends when free agency kicks off on Friday. Center Dwight Howard and swingman Trevor Ariza agreed to terms with the Lakers, according to multiple reports on Monday, and shooting guard Wayne Ellington also is joining LeBron James and Anthony Davis.

Ellington will sign a one-year deal with the team, per several reports on Monday, and the Lakers can officially introduce their new point guard, Russell Westbrook on the same day (Aug. 6) as the league year begins.

Howard, an eight-time All-Star who turns 36 in December, would embark on a third stint with the Lakers. — Reuters

Petro Gazz fortifies semifinal push with win over Balipure

The Petro Gazz Angels solidified their push for a spot in the semifinals of the Premier Volleyball League Open Conference after defeating the Balipure Water Defenders in straight sets on Tuesday. (PVL Media Bureau)

The Petro Gazz Angels solidified their push for a spot in the semifinals of the Premier Volleyball League Open Conference after defeating the Balipure Water Defenders in straight sets, 25-20, 26-24, 25-23, in league action on Tuesday at the PCV Socio-Civic Center & Cultural Center in Bacarra, Ilocos Norte.

The win took the Angels’ record to 5-3, good for joint third place, heading into the homestretch of elimination play.

Grethcel Soltones led the balanced attack by Petro Gazz in the shutout win, finishing with 14 points, nine coming off attacks.

Ria Meneses had eight points for the Angels while Myla Pablo and Jerrilli Malabanan added seven apiece.

After taking the opening set, the Angels had to battle it out tough in the succeeding two sets before taking the win and heaving a sigh of relief.

Graze Bombita finished with 18 points to lead the gallant stand by the Water Defenders (2-5), who unfortunately with the loss kissed their semifinal hopes goodbye.

Sati Espiritu had 10 points for Balipure, with Gen Casugod adding nine.

Next for Petro Gazz is a match against the Sta. Lucia Lady Realtors on Thursday at 6 p.m. while Balipure collides with the PLDT Fibr Power Hitters in the earlier 3 p.m. game on the same day. — Michael Angelo S. Murillo

Surfing, skating boosts viewership, lack of fans has zero impact — IOC

TOKYO — New events such as surfing and skateboarding that made their debut at the Tokyo Olympics boosted the Games’ viewership and the lack of spectators in stadiums had no impact on engagement from fans, the International Olympic Committee (IOC) said on Tuesday.

Timo Lumme, the managing director of television and marketing services at the IOC, said he expected to see slightly more people watched Tokyo’s opening ceremony than Rio’s in 2016, with total TV viewership expected to climb to around 600 million.

In China, huge numbers of viewers tuned in to see the 100-meter men’s race and the finals of the table tennis singles event, he said, while surfing and skateboarding made up five of the top 10 most viewed Olympic programs in Brazil through the first week of the Games.

Lumme said the lack of spectators in the Olympic stands due to coronavirus disease 2019 (COVID-19) restrictions had “no effect” on the Games’ viewership or engagement, with fans in some regions already accustomed to watching sports online or on TV without seeing spectators in the background during the pandemic.

Though it was too early to say whether Tokyo would be the most viewed Games ever, Lumme said he was happy with the solid numbers so far.

In Japan, where more than half of the public were opposed to holding the Games in the run-up to the event, viewership numbers remained robust, Lumme said, with 113.5 million Japanese watching some coverage of the Games as of Aug. 1. — Reuters

Australians damage rooms, mascots go missing

TOKYO — Some Australian athletes caused damage to their Tokyo Olympics athletes’ village rooms before departing while the team’s mascots — an emu and a kangaroo — went missing but have since returned, team chief Ian Chesterman said on Tuesday.

The athletes had damaged beds and put a hole in a wall, but no disciplinary action will be taken after they apologized, he said.

“Some young people made a mistake, they had left the rooms in a condition that was unacceptable,” said Chesterman. But he added the damage was “minor” and that it was “not the hardest thing to break the cardboard bed.”

“The rooms were not completely trashed in any way.”

“It is a book as old as time: a good young person makes a mistake, chapter two is a good, young person is full of remorse. Chapter three is a good young person learns from the mistake and becomes a better person.”

Chesterman also said the life-size team mascots were removed from Team Australia’s accommodation, but found their way back after a few days.

“The kangaroo and emu mascots were missing and we were very pleased to say they have returned. It was a bit of a mystery. There was a bit of a search and (we) were about to post wanted signs,” Chesterman said.

“It seems they enjoyed a pleasant holiday in Deutschland,” he said referring to Team Germany’s accommodation nearby. “The mascots enjoy holidays in the village from time to time. But we are very pleased they are back.” — Reuters

Richest deal

As expected, Kawhi Leonard declined his player option for the upcoming season of the National Basketball Association. Nope, he’s not aiming to secure new digs, never mind his stated desire to listen to any and all offers that come his way as an unrestricted free agent. His intent is to remain with the Clippers, but on a fresh contract with which to secure his future. In other words, he’s thumbing down $36 million for the next year in order to bank even more, and for a longer period.

To be sure, Leonard could have done the same had he opted in and looked to the end of the 2021-22 campaign as his key to even more riches. He could have then inked a $181.5-million extension that guaranteed him a whopping $50.2 million in the last leg of its four-year term. By resetting the clock, he instead stands to claim a maximum $176.2 million through 2025. That said, it must be noted that he’s able to latch on to either deal if he stays with the red and blue.

In any case, the Clippers will, no doubt, accede to Leonard’s wishes, which project to a one-plus-one arrangement that will net him $39.3 million this year and, more importantly, eligibility for the qualifying veteran free agent exception. Otherwise known as full Larry Bird rights, the provision in the league’s collective bargaining agreement allows him to negotiate for a maximum contract lasting half a decade. Translated, this means he figures to affix his Hancock on a $235-million accord, the richest in NBA history.

The irony is that Leonard will be sidelined for the foreseeable term. The Clippers stand to pay him megabucks for being a towel bearer at the end of the bench. And they’ll be smiling throughout, if for no other reason than because they firmly believe he’s worth the hassle, and more. After all, the Raptors had him on a single-season rental, and wound up with a championship banner in the rafters. Which, of course, is the bottom line — especially for a snakebit franchise bent on finally emerging from the shadows of the neighboring Lakers.

 

Anthony L. Cuaycong has been writing Courtside since BusinessWorld introduced a Sports section in 1994. He is a consultant on strategic planning, operations and Human Resources management, corporate communications, and business development.

Understanding the four industrial revolutions

CHANUT43-FREEPIK

Part 3

When the Philippines attempted to industrialize upon obtaining political independence in 1946, it faced two major handicaps. First, as we discussed in the first article in this series, it lacked the green revolution that preceded much of the First Industrial Revolution that occurred in the Western World and in Japan. The productivity of the food and feed sectors was very low. That meant very low incomes accruing to the 50-60% of its population that worked in the countryside. As the economy tried to move to the second stage of industrialization (Industry 2.0), the inward-looking policy of protectionism and import substitution made it difficult for such industries as iron, steel, machine tools, paper making, chemicals, rubber, and bicycles to attain economies of scale because of the limited purchasing power of the masses and the relatively small population, which did not exceed 25 million people after the Second World War (as contrasted with our 110 million inhabitants today).

Thus, with the exception of the food manufacturing enterprises that flourished during that period and are now predominant in our local industrial sector (e.g., San Miguel Corp., the Robina group, Century Canning, Monde Nissin, Unilever, Nestlé, etc.) most of the attempts to put up such major industries as iron, steel, paper, machine tools, rubber, and motor vehicles failed upon the liberalization of international trade. Even an industry that belonged to the First Industrial Revolution did not survive: textile manufacturing. In contrast, our Asian neighbors like Singapore, Taiwan, South Korea, and Malaysia were able to overcome the handicap of a small population by focusing first on very labor-intensive, export-oriented industries which led to full employment of their labor force and provided the small population with sufficient incomes for them to support the viability of the heavy industries that flourished in the second stage of industrialization. In the case of Taiwan and South Korea that have limited land resources, their governments’ focus on rural and agricultural development in the initial stage of development also provided higher incomes for the farmers that supplemented the wages of the industrial workers in creating a domestic market large enough to make the heavier industries economically viable.

The good news today is that thanks to Filipinos’ the preference for big families, our population has swelled to four or five times its level in the 1950s. Like countries such as China, India, and Indonesia, our economy does not have to be dependent on exports (such as our neighbors Singapore, Taiwan, Malaysia, and even Thailand) for long-term economic growth. Given the appropriate complementary policies from the State, many of these Industry 2.0 sectors can become economically viable without tariff protection, especially as we intensify our presence in the ASEAN Economic Community, a free trade area that consists of some 650 million consumers coming from 10 member countries. True, we still have the highest poverty incidence of more than 20% of the population in East Asia. We are, however, already endowing at least 80 million of our population with increasingly upper-middle levels of income in the next decade or so. Our domestic market can sustain more and more of the industries that failed to take off in the past, such as iron and steel, paper making, machine tools, chemicals, rubber, selected motor vehicles, engines and turbines, marine technology, and fertilizers. Now is the time to actively invite foreign direct investors, especially from South Korea, Japan, Taiwan, Spain, Germany, Italy, and the United States to team up with local investors in establishing these Industry 2.0 sectors.

Fortunately, these manufacturing enterprises are not included in the prevailing constitutional restrictions against foreign direct investments, although, as we shall see later, it will be difficult for the country to lead in the Fourth Industrial Revolution if we do not amend our Constitution and allow more foreign direct investments in such sectors as public utilities, telecommunications, and higher education.

As our economic managers learned from the mistakes of the past and began to liberalize the Philippine economy towards the last quarter of the 20th century, we were able to take better advantage of the Third Industrial Revolution (Industry 3.0) which brought about and advanced the electronics industry during the last decades of the 1900s.

Industry 3.0 can also be described as the electronics age which brought about the widespread manufacture and use of chips. As briefly described by Eric Howard in a blog, the invention and manufacturing of a variety of electronic devices, including transistors and integrated circuits, automated the machines substantially, resulting in reduced effort, increased speed, greater accuracy, and even total replacement of the human agent in some cases. Programmable Logic Controller (PLC), which was first built in the 1960s (I still remember the mammoth computers I used as a doctoral student at Harvard) was one of the landmark inventions that signified automation using electronics.

The integration of electronics hardware into the manufacturing systems also created a requirement of software systems to enable these electric devices, thereby feeding the software development market as well. The production of the Z1 computer, which used binary floating-point numbers and Boolean logic, was the beginning of more advanced digital developments. The next development in communication technologies was the supercomputer, with extensive use of computer and communication technologies in the production process which intensified the move to replace human power with machines.

Apart from controlling the hardware, the software systems also enable many management processes such as enterprise resource planning, inventory management, shipping logistics, product flow scheduling and tracking throughout the factory. The entire industry was further automated through the use of electronics and information technology (IT). The automatic processes and software systems have continuously evolved with the advances in the electronics and IT industry since then.

The pressure to further reduce costs forced many manufacturers in the developed countries like the US, Germany, the UK and Japan to move to low-cost countries. Thanks to the establishment of numerous export processing and industrial zones in Metro Manila and Cebu, the Philippines made up for its notorious lack of export orientation in its Industry 2.0 phase by becoming a major participant in the global supply chain in electronics and semiconductor manufacturing. Today, the largest share in our manufactured exports goes to the semiconductor industry which is expected to recover strongly after the pandemic as the whole world cannot have enough of digital devices like smart phones, laptops, iPads and other consumer electronic products that are vital to the Fourth Industrial Revolution.

Another view of Industrial Revolution 3.0 has been presented by Jeremy Rifkin, President of the Foundation on Economic Trends and the principal architect of the European Union’s (EU) Third Industrial Revolution long-term economic sustainability plan to address the triple challenge of the global economic crisis, energy security, and climate change. According to him, internet technology and renewable energies (solar, wind, geothermal, hydro, and biomass) will merge to create a powerful new infrastructure for a Third Industrial Revolution that would change the world. In Industry 3.0 (which can be simultaneous with Industry 4.0), hundreds of millions of people will produce their own green energy in their homes, offices, and factories, and share it with each other in an “energy internet,” just like we now create and share information online. The democratization of energy will bring with it a fundamental reordering of human relationships, impacting the very way we conduct business, govern society, educate our children, and engage in civic life.

This vision may not be as utopian as it sounds. The university where I work, the University of Asia and the Pacific, has already been saving significant amounts on its Meralco bill after solar cells were installed on top of one of its buildings. I know that there are many universities following suit all over the country, thanks to major selling efforts of companies like Singapore-based WeEnergy.

Another positive note about our local enterprises that enjoy domestic markets large enough to make them attain profitability (without high tariff walls being erected by the Government) is that there is enough evidence that Filipino-owned businesses can hold their own in competing with their foreign counterparts. This is very obvious in the largest manufacturing sector which is food and beverage. Some of our large companies in this sector, such as San Miguel Corp., Tanduay, Zesto, Robina, Century Pacific, CDO, and many others do not have to play second fiddle to the likes of Nestlé, Unilever, Coca-Cola, and Pepsi Cola in their respective market segments. I am confident that Filipino entrepreneurs can count on world class technology and management to be able to compete with multinational corporations in any of the sectors that are contributing our Second Industrial Revolution.

It is heartening to read in the Financial Times (June 26, 2021) that, also thanks to a very large domestic market, Chinese consumer brands are beating their foreign counterparts. Thanks to savvy social media marketing and optimized supply chains, century-old multinational brands are being threatened by Chinese startups. As reported by the Financial Times, “the pre-eminence of Chinese brands marks a turnaround in a country where foreign products have historically been viewed as safer and of higher quality. It poses a big challenge to multinationals that are increasingly looking to China for growth.”

To be continued.

 

Bernardo M. Villegas has a Ph.D. in Economics from Harvard, is Professor Emeritus at the University of Asia and the Pacific, and a Visiting Professor at the IESE Business School in Barcelona, Spain. He was a member of the 1986 Constitutional Commission.

bernardo.villegas@uap.asia

Don’t forget about the education crisis

OLLYY-FREEPIK

The State of the Nation Address (SONA) is a constitutional obligation and yearly tradition wherein the President reports on the status of the country and unveils the government’s agenda for the coming year. Like clockwork, on every fourth Monday of July, the President appears before a joint session of Congress to deliver an address.

As expected, many tune in to watch or listen to the proceedings. However, not all are looking and listening for the same things. For instance, before COVID-19, more people than would dare admit would tune in to watch the red carpet and the SONA “fashion show,” as if it were a celebrity gala of some sort. Perhaps even odder though are the ones that sit through it all just to count the number of times a president receives applause, then after, comment on how untimely the claps and how awkward the intervals were.

However, for those who work with legislation like policymakers, congressional staff, or maybe public policy nuts, they tune in to the SONA with a pen and notepad, ready to jot down legislative measures that the President proposes to Congress throughout his Address. This list of measures, often referred to as SONA priority bills, are those that the President is asking his allies in Congress to approve. And, more often than not, such a request carries great weight. At the very least, a SONA priority bill sends a clear message of the executive branch’s priorities.

In President Duterte’s 6th and final SONA, which he delivered last week, he asked Congress to pass 12 bills before his term ends next year. The SONA priority bills are: 1.) the passing of a unified system of separation, retirement, and pension for uniformed personnel; 2.) free legal assistance for police and soldiers; 3.) the Foreign Investments Act; 4.) the Public Service Act; 5.) the Retail and Trade Liberalization Act; 6.) the creation of a department for overseas Filipinos; 7.) the E-governance Act; 8.) the creation of the Philippine Center for Disease Control and Prevention; 9.) the creation of the Virology Institute of the Philippines; 10.) the creation of a department of disaster resilience; 11.) the creation of mandatory evacuation centers in provinces, cities, and municipalities; and, 12.) Bureau of Fire Protection modernization.

In many ways, the list of SONA priorities is a reflection of the issues and challenges the country now faces, as well as the Duterte administration’s ongoing campaigns. For instance, you will find several bills that deserve to be on the list because they respond to challenges and issues brought to the fore by the COVID-19 pandemic.

The three economic bills on the list are no doubt prioritized to help with the country’s economic recovery. You will also find a measure creating a Center for Disease Control and Prevention, as well as a bill to create a Virology Institute. These bills are clearly a response to the country’s overall lack of preparedness to handle pandemics such as the current one. The E-Governance Act bill was undoubtably prioritized because the government saw the need for its services to adapt to the demands of the “new normal.”

With the just 11 months left in the 18th Congress, legislators will be hard pressed to act on the bills identified during the SONA. Hence, it is understandable if the President did not want to add even just one to the list.

However, I’d like to argue that a measure that seeks to address the country’s looming education crisis is more deserving of a place on the priority list than a measure seeking free legal assistance for police and soldiers, especially if the underlying intent of the latter is only to tip the scales of justice in their favor in court, just as they have the scales of judgement outside of it.

Besides, the education crisis has been lurking even before the pandemic. In the Organization for Economic Co-operation and Development’s (OECD) 2018 Program for International Student Assessment (PISA), the Philippines ranked among the lowest in reading, math, and science.

When the pandemic hit, the situation only got worse, with the continuing lockdowns forcing many students to stop schooling entirely. At the same time, many private schools were also forced to close up due to the falling enrollment numbers.

During a recent virtual town hall discussion organized by the Stratbase ADR Institute, attorney Joseph Noel M. Estrada of the Coordinating Council of Private Educational Associations of the Philippines (COCOPEA) said that “Challenges in education have been exacerbated by the pandemic as more private schools close, many students and teachers migrate to the public school system, and many students fail to continue with their education because of economic difficulties.”

Mr. Estrada further stressed that the passage of important bills on education will help build on and strengthen the complementarity between the public and private sectors in education which is crucial in our country’s rehabilitation and recovery measures post-pandemic. Two such bills he identified were House Bill 9596 and Senate Bill 2272 which are seeking to stop a 150% increase in taxes for private schools, which, according to Mr. Estrada, “would certainly be a death sentence to many struggling private schools.”

Had this bill been added to the list of SONA priorities, then perhaps more schools would have the confidence to offer classes when the school year opens in mid-September. Regrettably, education didn’t make the cut.

Truly unfortunate, since, as Stratbase ADRi President Dindo Manhit said during his remarks at our virtual event, “People should feel that the government caters to their issues. Especially in times of extraordinary hardships brought about by the pandemic.”

 

Paco A. Pangalangan is the Executive Director of the Stratbase ADR Institute.

A discussion of NFTs as virtual assets

VECTORJUICE-FREEPIK

Play-to-Earn games have been gaining traction recently. With popular games like Axie Infinity and My Defi Pet, users are drawn to the unique selling proposition that one can earn money as they play.

In a nutshell, Play-to-Earn games involve the use of Non-Fungible Tokens (NFTs) which gamers can use to progress in the game. NFTs in essence are a type of intangible property which represent something of value. NFTs are non-fungible: it is something unique, as from its nature, it cannot be treated as an equivalent of any other unit. Obtaining NFTs will require spending real money, which will be converted into a cryptocurrency through the use of electronic instruments such as e-wallets. Players own their NFTs, and by fiat of such ownership, will have the ability to sell them for a price.

In Axie Infinity, players purchase creatures known as Axies which can be used to compete in battles to win. Conquering certain levels in the game will reward players with “Smooth Love Potions” (SLP); this can be used to breed Axies and can also be converted to real money. Axies are NFTs which can be bought and sold in the dedicated marketplace using Ethereum, a type of cryptocurrency. Since the transaction is based on cryptocurrency, the amount to be gained upon conversion will vary depending on the exchange rate at the time.

The aspect of being able to reasonably expect profits through such a system is increasingly becoming the subject of government interventions across multiple jurisdictions. In the Philippines, no government regulation has attempted to provide a categorical definition of NFTs. Nonetheless, the Securities and Exchange Commission (SEC) and Bangko Sentral ng Pilipinas (BSP) have recognized the emergence of such financial innovations and have been proposing and issuing rules to keep up with the times to ensure adequate regulation of the operations of these system/service providers.

For instance, the SEC had the occasion to define “tokens” as a “virtual currency that vests certain rights, including a digital representation of value that is intended to represent any assets or rights associated with such assets.”

This year, the BSP issued Circular No. 1108 which requires Virtual Asset Service Providers (VASPs) to secure a Certificate of Authority to operate such a service. Under the Circular, Virtual Asset (VA) refers to “any type of digital unit that can be digitally traded, or transferred, and can be used for payment or investment purposes. It is used as a medium of exchange or a form of digitally stored value created by agreement within the community of VA users.” Virtual Currency (VC) exchanges are also considered as VASP under the Circular. To clarify, VASPs are distinct from Electronic Money Issuers (EMIs) as the latter provides money transfer or remittance services using electronically stored money value system and similar digital financial services. EMIs are primarily governed by the BSP Manual of Regulation for Banks (MORB) and related issuances. Unlike in a Virtual Asset, Electronic Money is legal tender. In either case, prior approval by the Bangko Sentral is needed for an entity to operate as a VASP or EMI.

Notably, both definitions of a token and virtual asset respectively exclude “a digital representation of value issued by or on behalf of the publisher and used within an online game or game platform sold by the same publisher or offered on the same game platform” and “the payment of virtual goods and services within an online game (e.g., gaming tokens).” Whether NFTs obtained through Play-to-Earn games fall within such an exclusion remains to be seen, especially in view of the convertibility of the token into real currency and their potential use outside of gaming. In an SEC Advisory, some virtual currencies, based on the facts and circumstances surrounding their issuance, may even be considered as a security which requires the appropriate registration and/or license with the SEC.

In any event, users should be made aware of the limitations of tokens and VAs. The BSP has clarified that VAs are not issued nor guaranteed by any jurisdiction and do not have legal tender status. Because of price volatility, VC holders may incur significant losses when trading or investing in VCs. VCs (and by extension VAs) are not considered as deposits; hence, VC holders cannot claim deposit insurance from the Philippine Deposit Insurance Corporation. In contrast, real currency is fully backed by the government of a country, and is acceptable as payment for public and private debts. n

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

 

Juan Miguel C. De La Cruz is an Associate of the Corporate and Special Projects Department (CSPD) of the Angara Abello Concepcion Regala & Cruz Law Offices or ACCRALAW.

jcdelacruz@accralaw.com