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Addressing traffic congestion in Luzon

DPWH’s Luzon Spine Expressway Program in progress to improve existing highways and expressways inside and outside Metro Manila

When urban roads get congested due to traffic, commuters and motorists lose valuable time. A recent study by the Japan International Cooperation Agency shows that traffic congestion in Metro Manila causes the Philippines loses P3.5 billion a day, pertaining to vehicle operating costs and time costs spent by drivers and passengers along the metropolitan road network. This apparently translates to hampered economic development.

Seeing how traffic congestion in Metro Manila can hurdle development on both cities and provinces, the Department of Public Works and Highways (DPWH) is addressing this long-lying problem with the Luzon Spine Expressway Network Program.  “The objective of the Luzon Spine Expressway is to connect the north to the south via a high-speed highway network. Once this high-speed highway network is completed, the travel time from La Union to Bicol will be cut from almost 18 hours to only 8 to 9 hours,” DPWH Secretary Mark A. Villar shared in an economic briefing in Malacañang back in January.

The Alabang-Sucat Skyway Connection and Ramp Extension is 47% complete.

The high-speed network not only aims to decongest existing roads already burdened by heavy traffic. As DPWH shared in a statement, the Luzon Spine Expressway Network is also expected to hasten the economic development of regional cities, avoid over-concentration of socio-economic activities in Metro Manila, and eventually diminish the economic disparities across the country.

The P633 billion masterplan consists of a total of 905-kilometer of High Standard Highways/Expressways, more than twice the length of existing expressways. The expressway network starts with the Tarlac-Pangasinan-La Union Expressway (TPLEX). The 89.21-km expressway reduces travel time between Tarlac City to Rosario, La Union from 3.5 hours to 1 hour and will benefit 20,000 travelers per day. TPLEX’s Section 3, from Urdaneta City to Rosario, La Union was opened to traffic last July 15, 2020. An extension, meanwhile, is planned to be constructed from the end of TPLEX to San Juan, La Union.

The NLEX-SLEX Connector Road extends the NLEX southward from the end of Segment 10 in C3 Road, Caloocan City to PUP Sta. Mesa, Manila and connects to Skyway Stage 3.

The 30-km four-lane Central Luzon Expressway, spanning from Tarlac City to Cabanatuan City in Nueva Ecija, aims to reduce travel time from 70 minutes to 20 minutes. It is 89.63% complete and will benefit 11,200 motorists per day once it is finished.

At Plaridel, Bulacan, the widening of the 24.61 km Arterial Bypass Road from two lanes to four lanes is nearing completion, currently at 89.97%. The P5.26 billion project is expected to reduce average travel time between Burol, Balagtas and Maasim, San Rafael in Bulacan from 69 minutes to 24 minutes.

The NLEX Harbor Link Segment 10, a 5.58-km expressway connecting McArthur Highway and C-3, is already complete. The expressway reduces travel time from Valenzuela City to Caloocan City from more than an hour to five minutes, and it benefits 20,000 motorists per day.

The NLEX Harbor Link Segment 10, a 5.58-km expressway connecting McArthur Highway and C-3, is already complete.

Another section of the Harbor Link, the C3-R10 Section, is also complete. Traversing from C3 Road in Caloocan and Radial Road 10 in Navotas, this 2.6 km, six-lane all-elevated portion of the Harbor Link enables 30,000 motorists per day to reach NLEX from Port Area (or vice-versa) in just 10 minutes.

Adding to these sections is a proposed 8.35-km four-lane segment that aims to reduce travel time from Minadanao Ave. to Commonwealth Ave. in Quezon City to 10 minutes. It is expected to be completed by 2024.

The P44.86-billion Metro Manila Skyway Stage 3, an18.83-km elevated expressway spanning from Buendia, Makati City to the North Luzon Expressway in Balintawak, Quezon City, is 90%

Built to further reduce travel time between north and south, the 8-km four-lane NLEX-SLEX Connector Road is 11% complete. The elevated expressway extends the NLEX southward from the end of Segment 10 in C3 Road, Caloocan City to PUP Sta. Mesa, Manila and connects to Skyway Stage 3. Once complete, it will cut travel time from two hours to 20 minutes and will benefit 35,000 motorists per day.

The P44.86-billion Metro Manila Skyway Stage 3, meanwhile, is 90% complete. The 18.83-km elevated expressway, spanning from Buendia, Makati City to the North Luzon Expressway in Balintawak, Quezon City, aims to reduce travel time from two hours to 15-20 minutes, as well as decongest roads in Metro Manila by as much as 55,000 vehicles per day.

The second phase of NAIA Expressway, 14.85-km long and with four lanes, was completed by 2017, providing access to NAIA Terminals 1, 2, and 3, as well as an interface with the Skyway and CAVITEX.

At Plaridel, Bulacan, the widening of the 24.61 km Arterial Bypass Road from two lanes to four lanes is nearing completion, currently at 89.97%.

At the P45.29-billion Southeast Metro Manila Expressway, C-6, the Skyway/FTI – C-5/Diego Silang section is 12% complete. The 32.66-km toll road from Skyway/FTI in Taguig City to Batasan Complex in Quezon City aims to reduce travel time from almost two hours to 26 minutes, and will benefit a maximum of over 88,000 motorists per day.

The Luzon Spine Expressway starts with the Tarlac-Pangasinan-La Union Expressway (TPLEX).

The Alabang-Sucat Skyway Connection and Ramp Extension, on the other hand, is 47% complete. The P10-billion project consists of two additional lanes along northbound and southbound, plus an additional at-grade roadway along northbound—all of which are targeted to be complete by July 2021.

At the 7.70-km six-lane Manila Cavite Toll Expressway Project, C-5 South Link Expressway, the segment from Merville to C5/SLEX was opened to traffic on July 23, 2019, while the groudbreaking for two other segments were held last July 10. The project aims to cut travel time from R-1 Expressway to SLEX/C5 to 10 minutes.

The 15.21-km 4-lane Camarines Sur Expressway will connect the municipalities of San Fernando and Pili in the province of Camarines Sur.

Further south, along the 45.29-km Cavite-Laguna Expressway (CALAX), the construction at Laguna segment reached 78.03% accomplishment. The P35.68-billion CALAX connects CAVITEX in Kawit, Cavite and SLEX-Mamplasan interchange in Biñan, Laguna. It will reduce travel time from 1 hour and 30 minutes to 45 minutes.

The 30-km four-lane Central Luzon Link Expressway (CLLEX), spanning from Tarlac City to Cabanatuan City in Nueva Ecija, aims to reduce travel time from 70 minutes to 20 minutes.

Along SLEX, a 66.74-km toll road from Sto. Tomas, Batangas to Tayabas/Lucena City, Quezon starts constructions Tiaong, Quezon and Alaminos, Laguna. Once completed, the toll road is expected to cut travel time from Sto. Tomas to Lucena from 4 hours to an hour while benefitting 17,000 travelers per day.

The 15.21-km 4-lane Camarines Sur Expressway, meanwhile, progresses at 13%, and is expected to be finished by 2022. The high-speed highway will connect the municipalities of San Fernando and Pili in the province of Camarines Sur, and it targets to reduce travel time in those areas from 51 minutes to 11 minutes.

The P35.68-billion Cavite-Laguna Expressway (CALAX) connects CAVITEX in Kawit, Cavite and SLEX-Mamplasan interchange in Biñan, Laguna.

Two more expressways are expected on the southbound segment of DPWH’s high-speed highway network. The 50.43 km Cavite-Tagaytay-Batangas Expressway will traverse Silang, Tagaytay, Amadeo, Mendez, Alfonso, and Magallanes in Cavite, as well as Nasugbu, Batangas. The Quezon-Bicol Expressway, meanwhile, spans 220 km and aims to cut travel time from Tayabas, Quezon to San Fernando, Camarines Sur by two hours.

Crisis watch

Some Filipinos were rightly on tenterhooks over the United States of America’s 2020 presidential elections, but for the wrong reasons. Some were rooting for Joseph R. Biden, Jr. and others for Donald Trump. While it does matter, it is not so much who prevails in that contest, but how the most contentious US elections in decades are resolved that should really most concern the people of this country and those of the rest of the world. Because of Trump and the Republican Party, a crisis could develop in the US in the coming months that could have far-reaching consequences on the entire planet.

Former Vice-President Biden of the Democratic Party, and with him his running mate Kamala D. Harris, who will be the first ever Asian and woman Vice-President of the US, handily won the popular and US Electoral College vote. But a peaceful transfer of power is still iffy, with Trump’s refusal to concede defeat as of yesterday, Nov. 12, apparently because losing the Presidency will lift his immunity from prosecution for tax fraud among other offenses he allegedly committed while in office.

Political analysts and media pundits in the US are therefore saying that getting President-elect Biden into the White House might take longer than usual. Trump is filing numerous lawsuits that, if they prosper, can lead to recounts in some states. Doomsayers are also predicting that his refusal during one of last October’s presidential debates to declare that he will vacate the White House if he loses — he claims that the only way he can fail to win a second term is if the Democrats steal the elections — indicates that he won’t accept defeat. He could trigger a prolonged dispute, or worse, even civil war should his hardcore base support with force his clinging to power.

That base has turned out to be much bigger than many thought it to be. In addition to Christian fundamentalists, it consists of, among others, heavily armed white supremacists like the Ku Klux Klan, neo-Nazis and other outrightly fascist groups that applaud his racist, authoritarian, and anti-immigration policies, who believe he is “making America great again” and who are prepared to use their guns to keep him in the White House.

If Trump refuses to give up the Presidency he would be in violation of the US Constitution and a “trespasser” who could be forcibly evicted. The assumption is that not only the Secret Service but also the US military will defend the Constitution by assuring the transfer of power despite the presence in the armed services and in the police of racists and white supremacist sympathizers.

Trump calls himself a conservative but even some conservatives, among them the family of the late Republican Senator John McCain who ran against Barack Obama in 2012, but who quickly conceded defeat when he lost, and the prominent conservative political commentator George Will, have denied him that title. Will has even said in one of his columns in the Washington Post that the Republicans under Trump are no longer a legitimate party but a right wing, anti-democratic “insurgency.”

The wonder of it is that in spite of Trump’s taking liberties with women and the facts, and his outright lies since he came to power in 2016 despite losing the popular vote to Hillary Clinton by three million (he has lied thousands of times, according to the Washington Post); despite his misogyny; his blatant racism; his plain ignorance; and worst of all his mishandling (or more precisely, his “unhandling”) of the COVID-19 contagion which has infected over seven million Americans, killed some 300,000, and is afflicting 120,000 daily — despite it all, nearly 50% of the US electorate apparently still voted for him.

What is even more surprising is that among that number were Hispanics and women. But it was not unexpected for some 34% of Filipino Americans, many of whom are Republicans, to vote for him as well. They did so even in such predominantly Democratic Party bulwarks as New York, California, and Hawaii, in one more indication of how conservative, factually challenged, even racist and more white mannish than whites is a big number of that two million-strong community.

In any event, what all these are demonstrating is how dysfunctional US democracy is — or, as the less charitable have put it, how undemocratic is the US electoral process. They cite how the popular vote can be overridden by the electors of the Electoral College as was demonstrated by Trump’s winning over Clinton in 2016, and how the College is among the dregs of the southern states’ slave-owning past. What is even more apparent is that any political system in which any clueless, narcissistic, abusive scoundrel can lie his way to its highest post, who can claim that its elections — the most fundamental of all democratic exercises — are fraud-ridden, and who can provoke an entire country into a prolonged crisis and even civil war must be deeply flawed. That used to be thought of as true only of Third World countries like the Philippines. But as recent events in both the US and other countries are demonstrating, the “developed” parts of the planet and their peoples can be, and often are, no less benighted.

Those who dismiss the US elections as of no major consequence to the Philippines are mistaken. Political chaos and conflict in the only remaining superpower can plunge the rest of the world into even worse disorder as certain countries eager to take the US’ place as global overlord take advantage of its predicament by even more aggressively expanding their spheres of influence and dominance in Asia, Africa, and Latin America.

It is true enough that the results of the US elections will not make much of a difference in US-Philippine relations. Foreign policy was hardly an issue between Trump and Biden quite simply because its fundamentals — maintaining US “full spectrum dominance” on land, sea, air, and space; containing the rise of another superpower; keeping subject nations in line through soft power, but with muscle diplomacy and even force if necessary — have never been contested by either the Democratic or Republican Party. Despite his supposed commitment to democracy and human rights, Barack Obama basically adopted from 2008 to 2016 the same foreign policy as that of his Republican predecessors’, and proved thereby that US global interests are above everything else. What is therefore most crucial is how the contention between these US parties is resolved or remains unresolved — and at what cost.

This is not to argue in support of US global dominance, but to point out that any disruption in the balance of power could stoke further disorder on a global scale as US rivals Russia and China contend for supremacy in a world they can either wrongly or correctly interpret to be within their capacity to dominate. But crisis or no crisis, the US still has the means to militarily engage any challenge to its hegemonic interests. The resulting confrontation can lead to nuclear war, and, as Noam Chomsky warns, the end of “the human experiment” — of humanity itself.

Not being a big or even medium power, the Philippines could either end up among the usual prizes of the winner in another global conflict, or, in case of a nuclear catastrophe, as just another victim of intra-imperialist rivalry. The next few months in the US deserve more than the world’s passing interest. 

 

Luis V. Teodoro is on Facebook and Twitter (@luisteodoro).

www.luisteodoro.com

‘Growth’ manifestations of coronavirus

The broadsheets described the third quarter real GDP growth at -11.5% as indicative of an “economy on the mend.” The recession was deep, but not as deep as the second quarter’s deep dive at 16.9%.

And yes, it is correct to ascribe it to the brief reimposition of strict lockdown during the quarter. Whether dancing with the virus may be two steps forward and one step backward is already immaterial. There is no other option to restart business activities except to allow the targeted reopening of key economic sectors, congregational activities and public transport within the ambit of the health protocols. Since these protocols remind us of God’s tablets of stone, the lesson of the pandemic should truly be inscribed in stone, never to be forgotten especially by our health authorities.

For the trade-off between life and jobs was in the beginning dubious. There is no contest between the two. Our health infrastructure was weak and we had very little to boast about testing, tracing, quarantining and treating capability. A strict lockdown was absolutely needed. We attempted to buy time with the lockdown.

But we wasted a good crisis. There continues to be a large deficit in our public health institutions, then and now. Risks and challenges are mostly predictable; they move with the season. The sad reality in many cities and provinces stares us in the face when people lose their lives while in transit to Manila for emergency treatment while hundreds of billions in the annual budget could have put up general hospitals with tertiary treatment capability. It is beyond us to think that testing, tracing, quarantining, and treatment that did not cost as much as other forms of public spending, failed to merit as much as the required allocation. We could have atoned for the sins of the past by overhauling our health infrastructure and preparing it for future health crises.

What is apparent from the output data from the Philippine Statistics Authority is that the pandemic was first a supply shock with demand-type spillover effects. The whole economy was shut down for a couple of months. Productivity plummeted to zero and negative territory, and this is how economic scars are formed. They will haunt us for many more months and perhaps years to come. Uncertain health prospects paralyze us into inactivity and sap our drive for work. Fear of the virus kept us away from our offices and workplaces. Production stands still. Even the seniors among us who serve in key positions in both government and the private sectors were prohibited from even going out.

It is not surprising therefore that the industries that retarded even a modest recovery, less decline to some, were those that required physical presence of labor such as construction, real estate and ownership of dwellings and manufacturing. They contributed negatively to the third quarter performance at 39.8%, 22.5%, and 9.7%, all minuses. These are the same industries that rely more on labor and for some sub-sectors, less skilled and of sub-professional capability.

Services also failed to do its job, shrinking by nearly 11%, a few percentage points better than the second quarter’s 17% decline. Aside from real estate, accommodation and food services exhibited a huge drop of more than 52% while wholesale and retail trade, transport and storage and the rest of the services arm of the economy failed to hurdle even zero growth.

On the other hand, the positive contributors to moderate the drop are the financial and insurance activities, public administration and defense, compulsory social activities, and agriculture. Information and communication also managed to crawl up for obvious reasons, the only means of keeping one’s sanity during the lockdown to fight off the alienation brought about by social distancing. Relevant skill sets are IT familiarity, banking and insurance expertise. Workers can do remote work.

The lockdown must also be behind the decline in both private consumption (9.3%) and gross investments (41.6%). Net exports were also down while government consumption expenditure managed to grow by nearly 6% perhaps on account of its social support due to the health damage of the virus. Income flows from the rest of the world further pulled down growth in terms of the gross national income which showed a bigger contraction of 13% compared to the 11.5% decrease in gross domestic product.

It was correct for the IMF and the World Bank to have highlighted the challenges and prospects of the global economy in the face of the pandemic. It is the single wild card in the calculus of growth and survival. The pandemic brought to the fore the urgency of allocating more of the budget to health and education, the need to support vulnerable countries and people, the social desirability of debt condonation or relief. We will not mind seeing more of burden sharing, or the law of Christ in the Scripture, as one economic scar that may be permitted to persist now and forever.

Who can ever forget Hyman Minsky who was described as a maverick economist for good reason? While he believed in Keynes’ view that the market is a good referee for resolving important decisions on resource allocation, he maintained that it is not reliable when it comes to the issue of equity, efficiency and stability. He concluded his book Stabilizing an Unstable Economy (1986), in fact, with “capitalism is flawed mainly because it handles capital poorly.”

Based on the third quarter output report of the PSA therefore, it looks like capital accumulation in the productive sectors of the economy, particularly manufacturing, continues to be outpaced by financial capital. Were it not for the coronavirus, perhaps the gap could have been more pronounced.

Mohammad El-Erian was therefore spot on when he observed the need to shift the excessive reliance of central banks on unconventional monetary policy “to a more balanced mix anchored by responsive fiscal policy and pro-growth structural reforms.” Monetary policy that pushes policy rate to near zero or negative territory may be preparing the ground for future problems like deflation cum financial stability. Excessive expansion in liquidity and credit may be avoided by circumspection and careful assessment of the economic milieu and market dynamics. It is easier to create a liquidity trap than getting out of it.

We support the whole-of-society approach of the Government in marshalling public resources against the virus and laying the groundwork for restarting business activities. A number of key legislative measures are pending in Congress; there is so much our legislators can do to avoid further delay. By all means, let us eliminate all “plunderable” lump sum allocations in the 2021 national budget. A more decisive policy is also needed to deal with bad governance among our frontline agencies.

Joel in chapter 2 verses 28 and 29 wrote about the Lord pouring out His Spirit upon all flesh that would allow sons and daughters to prophesy, old men to dream dreams, young men to see visions. It is not too much of a dream or a vision for us, all flesh, to prophesy the day when the hard work of our people amounts to something solid and long-lasting, when every fruit of their labor is not lost but is properly accounted for in the national income accounts of our statistics authority. That would be the day.

 

Diwa C. Guinigundo is the former Deputy Governor for the Monetary and Economics Sector, the Bangko Sentral ng Pilipinas (BSP). He served the BSP for 41 years. In 2001-2003, he was Alternate Executive Director at the International Monetary Fund in Washington, DC. He is the senior pastor of the Fullness of Christ International Ministries in Mandaluyong.

Foreign investment damage under lockdowns

Suppose you’re managing a corporation doing business in a foreign country. Suppose further its government imposes mandatory rules that are unnecessary, arbitrary, and results in substantial loss of profits. What do you do to recoup your losses? One way is to sue that government which imposed those measures.

Of course, one defense governments could raise against such lawsuits is to claim they were forced to act the way they did because of force majeure. Measures to supposedly counter the COVID-19 pandemic are a good example.

But such a position, at least under international law, is likely as ineffective as COVID-19 mandatory mask policies: “‘the plea of force majeure is a very strict one, and States have rarely been successful when invoking it as a matter of international law.’ This line of defense has not proved sufficient in the past to stop lawsuits or successful and expensive claims by investors in the past. In 11 out of the 14 cases where Argentina used the state of necessity as a defense, arbitration tribunals rejected the argument” (see Longreads’ “Pandemic Profiteers: How foreign investors could make billions from crisis measures,” April  20, 2020).

The defense of “force majeure” needs to be looked at also from the perspective of State responsibility, particularly Article 23 of the International Law Commission’s Draft Articles on State Responsibility. In this regard, Symbiosis Law School’s Riddhi Joshi points out: “Despite the apparent suitability of a force majeure argument in response to the pandemic, its current understanding in international law renders the successful invocation of the defense difficult. Indeed, the reliance on a high threshold seemingly defeats the very purpose of the provision itself, i.e., a viable option for states to excuse non-performance of their obligations in certain unique circumstances. In light of the extant contours of Article 23 set out above, it is clear that the measures states have imposed may not pass muster.” (“Force Majeure under the ILC Draft Articles on State Responsibility: Assessing its Viability Against COVID-19 Claims,” Sept. 17, 2020)

Which leads us to the question of the appropriate forum to file a claim for damages. Worth exploring is the International Centre for Settlement of Investment Disputes (ICSID).

The ICSID short circuits State immunity from suit obstacles by allowing private entities to protect the investments they made in a foreign country. Complaints covered could include improper expropriation of the investment or unfair treatment, either through violation of most-favored-nation or national treatment principles. Thus, Article 25 of the ICSID Convention: “The jurisdiction of the Center shall extend to any legal dispute arising directly out of an investment, between a Contracting State (or any constituent subdivision or agency of a Contracting State designated to the Center by that State) and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the Center. When the parties have given their consent, no party may withdraw its consent unilaterally.”

ICSID proceedings are self-contained: no appeals to local courts, no diplomatic protection, and once ICSID is engaged all other remedies are deemed excluded. The ICSID Convention obliges each contracting State to recognize and enforce pecuniary obligations imposed by awards of ICSID tribunals as if they were final judgments of the State’s own courts. Note that State immunity may still hold but then that State will have to answer for a possible treaty violation.

Bilateral investment treaties (BITs) may also provide an opening for recovery of damages. BITs will normally contain an “Investor-State Dispute Settlement (ISDS)” clause, which essentially allows foreign investors to sue a government for discriminatory practices.

The Philippines, for example, has entered into several BITs with ISDS clauses, amongst them the 2000 investment agreement with India. Aside from the Article IX (i.e., the ISDS clause), there is also: Article III.1 — “Each Contracting Party shall encourage and create favorable conditions for investors of the other Contracting Party to make investments in its territory, and admit such investments in accordance with its laws and policy.”

Furthermore, Article VI provides: “Investors of one Contracting Party whose investments in the territory of the other Contracting Party suffer losses owing to war or other armed conflict, a state of national emergency or civil disturbances in the territory of the latter Contracting Party shall be accorded by the latter Contracting Party treatment, as regards restitution, indemnification, compensation or other settlement, no less favorable than that which the latter Contracting Party accords to its own investors or to investors of any third State.”

Admittedly, a government can argue that its policies equally apply to both foreign and local companies, and that the latter suffered equally as well. A counter to this argument would be to charge the government as having violated the international “minimum standard of treatment,” which allows for greater and more effective protection to foreign investors than would have been available under Philippine domestic law.

In terms of holding governments accountable, the law and tribunals are certainly there.

 

Jemy Gatdula is a Senior Fellow of the Philippine Council for Foreign Relations and a Philippine Judicial Academy law lecturer for constitutional philosophy and jurisprudence.

jemygatdula@yahoo.com

www.jemygatdula.blogspot.com

facebook.com/jemy.gatdula

Twitter @jemygatdula

Trump’s desperate assault on American democracy

PRESIDENT Donald Trump’s refusal to concede defeat and allow an orderly transition doesn’t violate our Constitution, as his Republican allies have pointed out. But it does violate unwritten norms that have attained a quasi-constitutional status in American elections. His defiance is dangerous. Even without violating the letter of the law, Trump’s resistance has the capacity to undercut the democratic legitimacy of this election, and the election process as a whole.

From the standpoint of the Constitution (the 12th Amendment, if you’re following along at home), the transition to a new president doesn’t officially begin until the states send their slates of electors to be opened in the presence of the vice-president and both houses of Congress. Once those electoral college votes are counted, the candidate who gets a majority “shall be the president.” This election cycle, the electors are supposed to vote in their states on Dec. 14, 2020. Congress is supposed to meet in joint session to count the votes on Jan. 6, 2021.

In fact, the modern practice of peacefully transferring power operates quite differently. Concession is usually triggered by a custom that appears nowhere in the Constitution, namely the decision desks of the TV networks and newspapers calling the election for the candidate who amasses an unbeatable lead. That custom has developed into a quasi-constitutional norm, one that has been repeatedly followed for many election cycles.

There is even a federal statute that arguably relies upon this norm without expressly mentioning it. The law that governs transitions says that the transition begins when the director of the General Services Administration (GSA) “ascertains” the “apparent” winner of the election and issues a letter saying so, triggering the statute’s transition provisions. The statute doesn’t give the director of the GSA any guidance on how to ascertain the apparent winner, perhaps because the drafters of the statute — and those who have applied it — think it’s obvious: The winner is apparent by the consensus of the networks and newspapers, and the subsequent concession of the loser.

But Trump has refused to concede. His campaign has filed various weak and unconvincing legal suits in an attempt to change the outcome of the election. No credible legal expert believes any of them have a chance of succeeding.

The only optimistic thing one can say about these lawsuits is that they give Trump and other Republicans an off-ramp from the current course of refusing to acknowledge Joe Biden’s victory. Maybe, just maybe, Trump could concede when the last of these suits is dismissed by the courts and the Supreme Court refuses to review the dismissals.

But even after these toothless lawsuits come to their inevitable end, Trump may still refuse to concede. Frankly, it seems possible — even likely — that he’ll never concede. That would deepen the conspiracy-theory skepticism currently spreading among some Republicans, according to which Trump actually won the election.

That doubt is disastrous for the democratic legitimacy of US elections — and hence the legitimacy of American democracy as a whole. The more people think you can’t trust the networks and newspapers who have called the election for Biden (including Fox News), the harder it will be for people to accept Biden as the actual and legitimate president when he is sworn in.

No one can really say for certain whether Trump is seeking to undermine the legitimacy of the electoral outcome simply because he is a sore loser who doesn’t want to admit defeat, or because he actually believes he might be able to get a number of state legislatures to set aside the election results in their states to appoint a slate of pro-Trump electors. Maybe even Trump doesn’t know which it is.

My own view, expressed in this column before, is that a scenario of legislative substitution of Trump electors is extraordinarily unlikely to happen, and even more unlikely to succeed. It would take hundreds of state legislators in multiple states deciding to engage in a coup d’état. And the courts, including the Supreme Court, would have to stand by and let it happen.

But even if he’s just being a sore loser, Trump’s breaking of the unwritten concession norms is very costly. The reason we need to rely on networks and newspapers is that the US electoral system isn’t centralized. We don’t have a single national election inspection commission that could declare a presidential winner. Our aged and imperfect Constitution relies on unwritten customs and norms to make it function, and the concession norm is one of them.

Joe Biden is going to be sworn in on Jan. 20, 2021 and become the 46th president. But those realities are less reassuring than they might be. Trump has done extraordinary harm to the US Constitution already. But the worst may still be yet to come.

BLOOMBERG OPINION

World’s biggest free-trade zone close to deal

FIFTEEN Asia-Pacific nations including China aim to clinch the world’s largest free-trade agreement this weekend, the culmination of Beijing’s decade-long quest for greater economic integration with a region that encompasses nearly a third of the global gross domestic product.

The Regional Comprehensive Economic Partnership (RCEP), which includes countries stretching from Japan to Australia and New Zealand, aims to reduce tariffs, strengthen supply chains with common rules of origin, and codify new e-commerce rules. Its passage may disadvantage some US companies and other multinationals outside the zone, particularly after President Donald Trump withdrew from talks on a separate Asia-Pacific trade deal formerly known as the Trans-Pacific Partnership (TPP).

Following the withdrawal of India from RCEP negotiations last year, the remaining 15 nations sought to announce the agreement by the end of this week’s ASEAN Summit, which Vietnam is hosting virtually. Malaysia’s Trade Minister Azmin Ali told reporters the deal would be signed on Sunday, calling it the culmination of “eight years of negotiating with blood, sweat and tears.”

“The TPP was involved a lot more on fundamental changes in the economy, whereas RCEP is more like ‘let’s open the door in trade and focus on the bottom line,’” said Wellian Wiranto, an economist with Oversea-Chinese Banking Corp. “RCEP will be seen as more China centric, but I don’t think it would be the same way as the TPP was US centric.”

The impact may extend beyond the region. The deal’s advance illustrates how Mr. Trump’s move to withdraw from the TPP — now known as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP) — has diminished America’s ability to counterbalance China’s economic clout with its neighbors. That challenge may soon shift to President-elect Joe Biden if, as expected, he’s officially certified the winner of the Nov. 3 election.

The question of whether RCEP changes the regional dynamic in favor of China depends on the US response, said William Reinsch, a trade official in the Clinton administration and senior adviser at the Center for Strategic and International Studies in Washington.

“If the US continues to ignore or bully the countries there, the influence pendulum will swing toward China,” Mr. Reinsch said. “If Biden has a credible plan to restore the US presence and influence in the region, then the pendulum could swing back our way.”

Even though RCEP isn’t as far-reaching as the TPP, its implementation could make it harder for US businesses to compete with a Chinese-backed partnership that encompasses 2.2 billion people with a combined GDP of about $26 trillion.

TPP
Still, many countries participating in the trade deal are also wary of becoming too economically dependent on China. Japan is among countries that have looked to reassess supply chains in China, and Beijing’s move to effectively ban key Australian exports after its government called for an investigation into the origin of the coronavirus underscored the risk of relying too much on the world’s second-biggest economy.

While it remains politically tricky for Mr. Biden to join the successor to the TPP, some analysts still see that as the best vehicle for the US to deepen economic ties with the region. “The choice for Biden is clear,” said Mary Lovely, a Syracuse University economics professor. “Return the US to the Trans-Pacific Partnership to ensure access for US companies.”

Several sticking points remained among RCEP nations even days before the signing. Vietnam’s Deputy Foreign Minister Nguyen Quoc Dzung said during a briefing on Monday that the signing will depend on whether “internal procedures” of the participating nations are completed.

“There are still issues on RCEP,” said Deborah Elms, founder and executive director of the Singapore-based Asian Trade Centre, whose firm consults with businesses trading across Asia and who is in frequent contact with officials across Asean, said last week. “The sticking points remain the same: an inability of some member pairs to finish the last details of the tariff schedules. These are negotiated bilaterally, especially for sensitive products.”

INDIA EXIT
Southeast Asia, which was forced to tackle the virus as it spread from China early this year, has seen an uneven recovery. The 10 countries vary greatly in their starting economic position, number and severity of successive outbreaks, ability and willingness to offer fiscal and monetary stimulus, lockdown timing and stringency, and concentration of hard-hit industries.

Thailand’s GDP (gross domestic product) is among those set to be worse off in 2020, contracting by about 7.2% this year, while Vietnam is set to be a rare economy in the world to eke out growth.

India surprised participants late last year when it abandoned the China-backed trade agreement. At the time, Prime Minister Narendra Modi said he was guided by the impact it would have on the lives and livelihoods of all Indians, especially vulnerable sections of society. Despite its withdrawal, officials have said India could rejoin talks if it chooses to do so at a later date.

India’s exit from the deal ended up removing one of the biggest impediments to the pact. In June, ministers of the RCEP countries reaffirmed their determination to sign the agreement as global trade, investment and supply chains face unprecedented challenges due to the coronavirus disease 2019 (COVID-19) pandemic.

“All big negotiations and even smaller ones come down to a crazy rush at the absolute last minute,” Ms. Elms said. “Officials always hold out on their best and final offers until there is literally no time left for any other compromises.” — Bloomberg

Biden reassures US allies in calls with leaders of Japan, S. Korea, Australia

REUTERS

SEOUL/TOKYO/WILMINGTON, Del. — In their first calls with Joe Biden since the US election, the leaders of Japan, South Korea and Australia on Thursday reaffirmed plans to form close ties with the president-elect to tackle issues including climate change and regional security.

The three key Asian allies — Japanese Prime Minister Yoshihide Suga, South Korean President Moon Jae-in and Australian Prime Minister Scott Morrison — join other global leaders in recognizing the Democratic challenger’s Nov. 3 victory over incumbent Donald Trump, who has so far refused to concede.

Mr. Biden’s projected win comes against a backdrop of China’s growing military and economic assertiveness in the region, and after years of sometimes tumultuous relations between Asian allies and the United States under Mr. Trump over issues including trade, defence and the environment.

All sides expressed their determination to strengthen bilateral ties as well as tackle global issues such as the coronavirus pandemic and climate change, Mr. Biden’s office said.

Japan’s Mr. Suga said he spoke with Mr. Biden by telephone and confirmed the importance of bilateral ties. “President-elect Mr. Biden said that he looks forward to strengthening the US-Japan alliance and working together on achieving a free and open Indo-Pacific,” Mr. Suga said to reporters, in separate comments made at the Prime Minister’s Office.

Many world leaders including United Kingdom, France and Germany as well as others have already congratulated Mr. Biden for his win, while China and Russia have so far held off.

Mr. Biden on Wednesday named Ron Klain as his White House chief of staff, his first major appointment as he builds his administration. Anthony Blinken, a diplomat and longtime confidant of Mr. Biden is seen as a likely pick for Secretary of State or National Security Adviser, both key roles for Asian allies.

Speaking to South Korea’s Mr. Moon, Mr. Biden reaffirmed the US commitment to defend South Korea, highlighting the Asian ally as a “lynchpin of the security and prosperity of the Indo-Pacific region,” Mr. Moon’s spokesman Kang Min-seok said.

“President Moon asked for close cooperation for the forward-looking development of the bilateral alliance, and the denuclearisation and peace on the Korean peninsula,” Mr. Kang told a briefing. “President-elect Biden said he would closely cooperate to resolve the North Korean nuclear issue.”

Mr. Trump and North Korean leader Kim Jong Un vowed to work towards denuclearisation at their unprecedented summit in 2018, but little progress has been made since their second summit and working-level talks collapsed last year. While Mr. Biden has said he would not meet with Kim without preconditions, he has also said he would embrace “principled diplomacy” with North Korea.

South Korean officials are also hopeful that Mr. Biden will quickly resolve a drawn-out, multi-billion dollar dispute with Washington over the cost of thousands of US troops on the peninsula.

Tackling the global coronavirus pandemic and climate change were key themes in Mr. Biden’s calls with all three leaders, readouts from Mr. Biden’s office showed.

Australia’s Mr. Morrison said he spoke with Mr. Biden about emission reduction technology, though a target for zero net emissions by 2050 was not discussed.

“I raised with the president-elect the similarity between the president-elect’s comments and policies regarding emissions reduction technologies that we needed to achieve that, and we look forward to working on those issues,” Mr. Morrison told reporters in Canberra.

Both Mr. Moon and Mr. Suga said they agreed to arrange summits with the new president shortly after his inauguration in January.

Mr. Biden will also face the challenge of managing unresolved political and economic disputes between South Korea and Japan, which have threatened a military intelligence-sharing arrangement and complicated US efforts to counter China. — Reuters

Singapore set to introduce new visa to draw top global tech talent

Singapore is launching a new visa program to attract top tech entrepreneurs and experts. — BLOOMBERG

SINGAPORE is rolling out the red carpet for top talent, launching a program to initially attract 500 individuals with a proven track record of contributing to the global technology ecosystem.

Under the so-called Tech.Pass program, qualified individuals will be able to secure a new type of visa allowing them to start and operate more than one company and become an investor, consultant or mentor for local startups, according to the Economic Development Board. This offers more flexibility than current government regulations, which require companies to sponsor an employment pass for talent they want to bring in.

The two-year visa isn’t designed for mid-tier tech workers who might compete with locals for jobs, a political issue that has prompted the government to tighten its framework for issuing employment passes to foreigners this year. It’s targeted at highly accomplished entrepreneurs and technical experts who can bring in capital, networks and know-how, as Singapore aims to become the region’s technology and innovation hub.

“Tech.Pass will add to the critical mass of established tech talent in Singapore and create a ‘flywheel effect’ to further strengthen our position as a leading tech hub for the region,” Minister of Trade and Industry Chan Chun Sing said in his opening remarks at the closed-door dialogue with the European Chamber of Commerce on Thursday.

Candidates must meet two of the three requirements before they can apply for the program starting in January. They must have last drawn a monthly salary of at least S$20,000 ($14,800); have at least five years of experience in leading a tech company with a valuation or market value of at least $500 million; or have at least five years of experience in developing a tech product that has at least 100,000 monthly active users or at least $100 million of revenue. — Bloomberg

Russia says early data show Sputnik V coronavirus vaccine is 92% effective

Experts said the Russian data showing the Sputnik V coronavirus vaccine is 92% effective was encouraging. — REUTERS

MOSCOW — Russia’s Sputnik V vaccine is 92% effective at protecting people from coronavirus disease 2019 (COVID-19) according to interim trial results, the country’s sovereign wealth fund said on Wednesday, as Moscow rushes to keep pace with Western drugmakers in the race for a shot.

Russia’s results are only the second from a late-stage human trial, following on swiftly from data released on Monday by Pfizer, Inc and BioNTech, which said their shot was also more than 90% effective.

While experts said the Russian data was encouraging and reinforced the idea the pandemic could be halted by vaccines, they warned that the results were only based on a small number of trial volunteers who had contracted COVID-19.

The analysis was conducted after 20 participants developed the virus and examined how many had received the vaccine versus a placebo. That is significantly lower than the 94 infections in the trial of the vaccine being developed by Pfizer and BioNTech.

“I assume there was political pressure after the press release from Pfizer and BioNTech earlier in the week to now draw level with their own data,” said Bodo Plachter, deputy director of the Institute of Virology at the Mainz University. “What is missing for now is an analysis of statistical significance.”

To confirm the efficacy rate of its vaccine, Pfizer said it would continue its trial until there were 164 COVID-19 cases.

The Russian Direct Investment Fund (RDIF), which has been backing Sputnik V’s development, said the Russian trial would continue for six months.

Alexander Gintsburg, director of the Gamaleya Institute which developed the vaccine, said the interim results demonstrated that Sputnik V was effective and mass vaccinations would be rolled out in Russia in the coming weeks.

In later comments, aired by Rossiya-24 state TV channel, he said at least 1.5 million people in Russia were expected to receive the shot by the end of the year. He added that around 40,000 to 45,000 Russians had already been vaccinated.

European stocks and US stock futures extended their gains slightly after Russia’s announcement though the reaction was far more muted than after Pfizer’s results.

China’s Sinopharm, which is running large-scale late-stage clinical trials for two COVID-19 vaccine candidates, said on Wednesday that its data was better than expected, though it did not give further details.

Successful vaccines are seen as a crucial to restoring daily life around the world by helping end the pandemic that has killed more than 1.26 million people, shuttered businesses and put millions out of work.

However, experts said knowledge about the Russian trial’s design was sparse, making it hard to interpret the data.

Scientists have raised concerns about the speed at which Moscow has worked, giving the regulatory go-ahead for the shot and launching mass vaccinations before full trials to test its safety and efficacy had been completed.

“This is not a competition. We need all trials to be carried out to the highest possible standards and it is particularly important that the pre-set criteria for unblinding the trial data are adhered to avoid cherry picking the data,” said Eleanor Riley, a professor of immunology and infectious disease at the University of Edinburgh.

“Anything less than this risks a public loss of trust in all vaccines, which would be a disaster.” — Reuters

PBA quarterfinals begin

By Michael Angelo S. Murillo, Senior Reporter

THE Philippine Basketball Association (PBA) “bubble” tournament in Pampanga hits the playoff phase with the start of the quarterfinals on Friday.

Following a month of competitive and packed elimination games, the field for the coronavirus pandemic-hit Philippine Cup has been reduced to eight teams which will go into battle at the Angeles University Foundation Arena.

Kicking off the quarterfinal proceedings are the clash between top seeds Barangay Ginebra San Miguel Kings and the eighth-seeded Rain or Shine Elasto Painters and that of fourth seeds and defending champions San Miguel Beermen and number 5 team Meralco Bolts.

The Kings take on the Elasto Painters in the 6:45 p.m. main game while the Beermen collide with the Bolts in the curtain-raiser at 4 p.m.

Barangay Ginebra and San Miguel carry twice-to-beat advantages in the pairings after landing in the top four at the end of the eliminations.

The Kings (8-3) have been steady throughout the preliminary round, banking on the depth of their roster led by explosive guard Stanley Pringle (18.7 ppg, 6.3 rpg and 3.2 apg).

They hit a rough patch midway into the eliminations, but have recovered since and set to make a dash to a first All-Filipino title since the 2006-07 season.

Waiting for the Kings are the Elasto Painters (6-4), the last team to book a spot in the quarterfinals.

They had a chance to go even higher in the seeding but their loss to the Phoenix Super LPG Fuel Masters on the final play date of the eliminations on Wednesday where they got the rug pulled from under them, 90-88, derailed their bid.

Rain or Shine, however, has the number of Barangay Ginebra so far in the Philippine Cup, winning their lone match, 85-82, on Oct. 27.

In said game, four Elasto Painters scored in double digits, led by the 20 of Beau Belga.

BEERMEN VS. BOLTS
In the other pairing, San Miguel (7-4) moves to inch closer to another finals appearance and defend the title it has won in the last five years.

Sans key cogs June Mar Fajardo and Terrence Romeo because of injury, the Beermen are digging deep in the tournament, towed by what is left of their championship core — Arwind Santos (13 ppg and 9.9 rpg), Alex Cabagnot (13.2 ppg), Chris Ross (7.2 ppg and 5 rpg) and Marcio Lassiter (15.9 ppg) — and big man Mo Tautuaa (18.9 ppg and 7.6 rpg).

Looking to dethrone the Beermen at the onset of the playoffs is Meralco (7-4), winner of four of five matches, including its last two.

Had their problems in the All-Filipino tournament in the past, the Bolts this time around are competing on firmer footing with their mix of young and veteran crew meshing up well.

Chris Newsome (14.5 ppg, 6.1 rpg and 4.4 apg) is leading the balanced attack of Meralco.

In the teams’ first encounter on Oct. 28, San Miguel prevailed, 89-82, with Messrs. Tautuaa and Santos leading the charge.

The rest of the quarterfinal cast play on Saturday, with second-seed Phoenix (8-3) taking on seventh-seeded Magnolia Hotshots Pambansang Manok (7-4) while third seeds TNT Tropang Giga (7-4) battling the sixth seeds Alaska Aces (7-4).

Phoenix and TNT have the twice-to-beat incentive in the pairing.

Meanwhile, the PBA reported that all delegates in the PBA bubble in Clark City tested negative in their fourth cycle of coronavirus testing this week, which was administered by the Philippine Red Cross.

Belingon out to keep standing in ONE bantamweight division

FORMER ONE Championship bantamweight champion and current number one contender Kevin “The Silencer” Belingon returns to action on Friday and is looking to keep his standing and be in a position still to make an assault at the division title.

To take on Brazilian John “Hands of Stones” Lineker in the headlining fight at “ONE: Inside The Matrix III” at the Singapore Indoor Stadium, Team Lakay’s Belingon (20-7) said he is determined to make his return to the ONE Circle something to take notice of, especially since he is coming off a two-fight losing streak.

Both losses came at the hands of reigning ONE world bantamweight champion Bibiano “The Flash” Fernandes of Brazil last year.

“I’m ecstatic to compete, because it’s already been a year since my last fight. The situation we are in right now has truly affected everyone in the industry. Every fighter, including myself, has had to slow things down a little bit and stay isolated in quarantine so we don’t contract the virus,” said Mr. Belingon as he also took note of the challenges they had to go through in the lead-up brought about by the coronavirus pandemic.

Mr. Lineker (32-9), a former Ultimate Fighting Championship campaigner, had a winning debut in ONE in October last year with a unanimous decision winner over Muin Gafurov of Tajikistan.

He is currently ranked number five in the division and is keenly eyeing a title shot, something that is not lost to 33-year-old Belingon.

“John Lineker is one of the toughest fighters I will ever face. He’s not an opponent to be taken lightly. He’s got a lot of experience, and a lot of power in his hands, which is why he is known to end fights early,” he said.

Adding, “We have watched his previous fights and we’re confident we can come up with the right game plan for whatever he brings to the table. I have to win this fight to prove that I deserve to stay as the number one contender.”

Also seeing action at Inside The Matrix III is Mr. Belingon’s teammate and former ONE world flyweight champ Geje “Gravity” Eustaquio (13-8), who will take on South Korean Song Min Jong (11-7) in a 64-kg catchweight joust.

Mr. Eustaquio, 31, last fought in November 2019, beating Toni Tauru of Finland by knockout (spinning back kick) in the third round.

He is looking at using the win as a springboard to string back-to-back wins, something he has not done since 2018.

Completing the night for Team Lakay is strawweight Lito “Thunder Kid” Adiwang (11-2), who is to take on Hiroba Minowa (10-2) of Japan.

ONE: Inside The Matrix III can be seen here over One Sports+ at 8:30 p.m. One Sports, meanwhile, will air the event on a same-day delay at 9 p.m. Additionally, TV5 will air the event on a next-day delay at 11 p.m. – Michael Angelo S. Murillo

E-Gilas plunges back into action at FIBA Esports Open

THE PHILIPPINE ESPORTS team, or “E-Gilas,” pits its skills anew on the world stage as it plunges back into action at the International Basketball Federation (FIBA) Esports Open this weekend.

Topped the Southeast Asian conference in the inaugural edition of the FIBA tournament in June, E-Gilas seeks to maintain its standing in the region in competitions happening from Nov. 14 to 15.

Unlike in the first edition where the Philippines battled just one team in Indonesia, the conference this time around was shored up with Oceania coming on board with Australia representing.

For the second edition of the FIBA Esports Open, E-Gilas will be made up of veterans and champions in the competitive NBA 2K scene, namely, Angelico Cruzin aka Shintarou;  two-time NBA 2K Asia Champion Aminolah Polog Jr. aka Rial; NBA 2K17 Asia champion Custer Galas aka Custer,  NBA 2K18 Asia Champion Philippe Alcaraz Herrero IV aka IzzoIV; Clark Banzon aka Clark; and reserves Arnie Sison ELChapO; and Rocky Braña aka Rak and coached by Nite Alparas.

“We are thrilled to once again represent the nation in the FIBA Esports Open II. Being invited back is both an honor and a challenge to Team Pilipinas, which we’ll meet with passion and sportsmanship in the true spirit of Philippine basketball,” said Richard Brojan, who co-manages the team with Paul Laus from Playbook Laus Esports.

For the tournament, each team will consist of seven players, five on the court and two reserves. Games will be played remotely on NBA 2K using the Pro-AM mode and allowing full customization of player avatars, uniforms and arena designs.

As in the first edition of the Open, the series will be produced from the FIBA Esports Studio in Riga, Latvia, with 54 hours of live content to be streamed. Each game will be available online with live commentary in English, as well as a daily show featuring up to 12 games.

E-Gilas was dominant in its five-game series with Indonesia in the first edition of the tournament, capped by a 71-35 shellacking in the fifth game.

The 36-point win took the Philippines’ average margin of victory to 32.8 points for the series.

The Philippines opens its campaign on Day One at 6:30 p.m. against Indonesia, which it also battles at 7:30 p.m.

E-Gilas then takes on Australia at 8 p.m. and 9:20 p.m.

Running alongside the Southeast Asian conference are those in Africa and the Middle East.

The Europe conference will be played on Dec. 12-13 and the North and Central America, and South America conferences on Dec. 19-20.

Individual finals will take place in each of the respective conferences with a best-of-three format.

The FIBA Esports Open 2020 is angled by the world basketball governing body to add further dimension to it as an organization while also affording the basketball community some action after activities were halted by the coronavirus pandemic.

Team Philippines’ matches can be seen over the Samahang Basketbol ng Pilipinas Facebook page as well as FIBA’s Facebook, Twitch, and YouTube channels. — Michael Angelo S. Murillo