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Bases authority rebids consulting services package of Subic-Clark Railway Project

THE Bases Conversion and Development Authority (BCDA) is rebidding the P1.5-billion consulting services package of the Subic-Clark Railway Project.

In an announcement published in newspapers Thursday, BCDA said it “intends to apply the sum of P1,520,534,400.00, inclusive of value-added tax and applicable government taxes, being the approved budget for the contract (ABC) to payments under the contract for the Consulting Services for the Subic-Clark Railway Project.”

BCDA said the Bids and Awards Committee Secretariat will be accepting eligibility documents from interested consultants until Nov. 17 at its corporate center in Taguig City.

“Applications for eligibility will be evaluated based on non-discretionary ‘pass/fail’ criterion,” it added.

Interested bidders may acquire a complete set of bid documents until Dec. 10 for P75,000.

The National Economic and Development Authority (NEDA) Board approved the 71.13-kilometer railway project in April 2018.

The P50.03-billion project aims to connect Subic Bay Freeport Zone and Clark Freeport Zone “to support current industrial activities and the potential demand for freight services along the Subic-Clark corridor,” according to NEDA’s website.

NEDA said P42.53 billion of the total project cost will be financed via official development assistance or ODA.

“This project (will) help decongest Metro Manila traffic, provide infrastructure for the Metro Luzon Urban Beltway, and spur the development of a freight railway system for Luzon,” NEDA added. — Arjay L. Balinbin

House majority backs priority for anti-corruption legislation

THE HOUSE majority leader said Thursday he endorsed an initial list of anti-corruption measures for possible inclusion in the chamber’s legislative agenda in support of President Rodrigo R. Duterte’s campaign against corruption.

“We initially identified five anti-corruption measures and submitted these to Speaker Lord Allan Q. Velasco for his consideration. Prioritizing the passage of these proposed laws can help boost President Duterte’s renewed efforts to curb graft and corruption in the government,” Leyte Representative Martin G. Romualdez, who chairs the House committee on rules, said in a statement.

The list includes House Bill (HB) No. 7230 which seeks to augment the financial resources of the Office of the Ombudsman by giving it a 3% share in any property forfeited in favor of the State under Republic Act No. 139 or the Forfeiture Law. and HB No. 579 which seeks to create the National Independent Commission Against Corruption.

HB Nos. 581 and 6003 which require the inclusion of anti-corruption and governance education in the basic education and higher education curriculum and HB No. 967 which seeks to provide whistleblower protections to persons reporting and providing testimony against corrupt officials.

“Upon instruction of the Speaker, we will back the swift passage of these timely bills,” Mr. Romualdez said.

Meanwhile, the Department of Justice-led Task Force Against Corruption Operations Center held its first meeting, Justice Undersecretary Emmeline Aglipay-Villar told reporters Thursday.

Ms. Aglipay-Villar said Justice Secretary Menardo I. Guevarra will chair the task force.

“There will be a case evaluation committee that will do the screening of all information and complaints. The evaluation committee makes a recommendation of where the reports get to be referred to but the referral is approved and signed by the chairperson,” she said. — Kyle Aristophere T. Atienza

Barangay Ginebra and TNT battle for Philippine Cup solo leadership

By Michael Angelo S. Murillo, Senior Reporter

PACE-SETTING Barangay Ginebra San Miguel Kings and TNT Tropang Giga battle one another today for solo leadership in the PBA Philippine Cup.

Set for 6:45 p.m. at the Angeles University Foundation Arena in Pampanga, the Kings and Tropang Giga, joint leaders with identical 6-2 records in the ongoing Philippine Basketball Association (PBA) tournament, are out to solidify their hold of the top spot in the final week of the elimination round.

Barangay Ginebra enters the contest riding back-to-back victories after dropping their two previous matches.

Its latest win came on Wednesday over the Northport Batang Pier, 112-110.

The Kings showcased their depth in outlasting the Batang Pier, with eight players scoring in double digits.

Guard Stanley Pringle led the way for Barangay Ginebra with 17 points to go along with eight rebounds.

Aljon Mariano had 15 points, followed by LA Tenorio and Japeth Aguilar with 13 and Joe Devance with 12.

Prince Caperal and Scottie Thompson each had 11 points with the latter adding eight assists and six rebounds.

Jeff Chan was the other Kings player in double-digit scoring with 10 markers.

Given his team’s performance, Barangay Ginebra coach Tim Cone could not help but give praise to his wards, especially since the win came just a day after they labored to an 87-81 win over the Alaska Aces.

“I’m really proud of our guys for the effort they gave tonight and for all the, you know, they didn’t get frustrated, they showed a lot of character playing tonight,” said Mr. Cone in the post-game press conference.

TROPANG GIGA
Looking to halt the streak of the Kings while padding their own cause and steadying their ship are the Tropang Giga.

After winning five straight in the PBA tournament “bubble” in Clark City, TNT has lost two of three matches, including its last one against the Magnolia Hotshots Pambansang Manok, 102-92, on Wednesday.

Ray Parks Jr. leads the thrust of the Tropang Giga with norms of 22.6 points, 7.3 rebounds and 3.3 assists, followed by Roger Pogoy with 19.9 points and 5.5 rebounds.

Veteran Jayson Castro has his minutes being managed by the team, but is still effective for 17.6 points and 5.7 assists while Troy Rosario has been steady for 13 points and 8.9 rebounds.

Offseason acquisitions JP Erram (12.8 ppg and 8 rpg) and Simon Enciso (8 ppg) are also proving themselves to be valuable pieces in the rotation of TNT.

The Tropang Giga are one of the tournament favorites, something they hope to live up to and use as a platform to end seven years of PBA All-Filipino title drought.

The Barangay Ginebra-TNT clash is part of another quadruple-header offering by the PBA for Friday.

Other matches feature the Blackwater Elite (2-5) against Terrafirma Dyip (0-7) at 10 a.m., Alaska Aces (5-4) versus Northport (1-6) at 1 p.m., and NLEX Road Warriors (3-5) vs. San Miguel Beermen (5-2) at 4 p.m.

Quadruple-headers are also slated on Nov. 8, and 11 so as to finish the elimination round on time in the compressed tournament setup of the PBA brought about by the coronavirus pandemic.

Meralco tops ROS, 85-78; Magnolia rolls to third win in a row

By Michael Angelo S. Murillo. Senior Reporter

The Meralco Bolts defeated the Rain or Shine Elasto Painters, 85-78, on Thursday at the Angeles University Foundation Arena in Pampanga to fan their top-four push in the PBA Philippine Cup.

Meralco capitalized on a third-quarter explosion where it outscored ROS, 28-7, to create a considerable cushion which it used to hold off its opponent and book its fifth win as opposed to three losses in the Philippine Basketball Association All-Filipino tournament.

Earlier in the day, the Magnolia Hotshots Pambansang Manok chalked up their third straight win with a 103-89 victory over winless Terrafirma Dyip to improve to 4-4.

The Meralco-Rain or Shine match was tight in the opening half.

The Elasto Painters, towed by veteran James Yap, were narrowly up, 28-27, at the end of the first quarter before the Bolts had some headway in the second to squeeze their way to a 46-44 advantage at the break.

The third quarter was to be telling as ROS could not get its offense going and it was something Meralco would take full advantage of.

Baser Amer and Bong Quinto keyed the Bolts’ run in the period that had them on top 74-51 in the end.

But the Elasto Painters were not to go down without a fight.

Rookies Adrian Wong and Vince Tolentino were given the chance to play and had an impact, helping their team to narrow its deficit to just six points, 82-76, with 50 seconds to go.

They would not go nearer after that though, leaving Meralco to close out things.

Chris Newsome led the Bolts with 17 points, five rebounds and four assists with Mr. Amer finishing with 14 points, seven assists and six rebounds.

Forty-two-year-old Reynel Hugnatan, meanwhile, had 13 markers.

For Rain or Shine (4-3), which has now lost two straight, it was Mr. Yap who was the high point man with 18, with Beau Belga and Norbert Torres adding 11 points each.

With the win, Meralco moved to a share for fourth place as of publication time.  

MAGNOLIA STREAK CONTINUES
Meanwhile, in the first game, Magnolia used a strong second-half charge to outlast Terrafirma and pad its push in the Philippine Cup. 

Paul Lee led the way for the Hotshots, who trailed early in the opening half, with 29 points, going 5-of-8 from beyond the arc.

Rome Dela Rosa and Ian Sangalang came off the bench to score 17 and 16 points, respectively. The latter also added 10 rebounds to his tally.

The win pushed Magnolia to solo eighth place, with three games remaining in its elimination round schedule.

For Terrafirma, which slumped to its seventh loss in as many games, it was CJ Perez who top-scored with 19 points, followed by Reden Celda (16) and Eric Camson (14).

Magnolia next plays Rain or Shine on Nov. 7 while Terrafirma takes on the Blackwater Elite on Nov. 6.

POC: Monthly allowances of national athletes to revert back to normal amount

The monthly allowances of national athletes and coaches are expected to revert back to 100% — after they were slashed in half since July because of the coronavirus pandemic — starting next week, according to Philippine Olympic Committee (POC) President Abraham “Bambol” Tolentino.

Mr. Tolentino said the passing of the Bayanihan Act 2 provides for the country’s sports program that was momentarily sacrificed as government channeled funds in the fight against the pandemic.

“This is good news for our athletes who have become anxious and even lost their focus during the pandemic. With their allowances back to normal, they can now concentrate on their training,” said Mr. Tolentino, who is also a member of the House of Representatives representing the eighth district of Cavite and helped push for the Bayanihan Act 2 in Congress.

Mr. Tolentino said the Bayanihan Act 2 provides P180 million for the national team members’ allowances.

“And that’s retroactive from July,” he said, adding the athletes and coaches will receive the 50% that was cut from their allowances when the Philippine Sports Commission’s (PSC) budget for the year was channeled to the pandemic efforts.

Mr. Tolentino also said each of the athletes and coaches will receive a one-time P5,000 pandemic assistance.

“The funds are now with the PSC and we expect the allowances to be back to normal on the next pay day for the athletes and coaches,” Mr. Tolentino said.

The national team members under the PSC’s care include 996 athletes, 262 coaches, 280 para athletes and 82 para coaches. The total monthly payroll is P41 million.

Biden edges closer to White House as Trump mounts legal challenges

WASHINGTON — Democrat Joe Biden moved closer to victory in the US presidential race on Thursday as election officials tallied votes in the handful of states that will determine the outcome and protesters took to the streets.

Incumbent President Donald Trump alleged fraud, filed lawsuits and called for recounts in a race yet to be decided two days after polls closed.

With tensions rising, about 200 of Trump’s supporters, some armed with rifles and handguns, gathered outside an election office in Phoenix, Arizona, following unsubstantiated rumors that votes were not being counted.

Anti-Trump protesters in other cities demanded that vote counting continue. Police arrested anti-Trump protesters in New York City and Portland, Oregon. Over 100 events are planned across the country between Wednesday and Saturday.

The presidential race was coming down to close contests in five states. Mr. Biden, 77, held narrow leads in Nevada and Arizona while Mr. Trump, 74, was watching his slim advantage fade in must-win states Pennsylvania and Georgia as mail-in and absentee votes were being counted. Mr. Trump clung to a narrow lead in North Carolina as well, another must-win for him.

Mr. Trump had to win the states where he was still ahead and either Arizona or Nevada to triumph and avoid becoming the first incumbent US president to lose a re-election bid since fellow Republican George H.W. Bush in 1992.

Edison Research gave Mr. Biden a 243 to 213 lead over Mr. Trump in Electoral College votes, which are largely based on a state’s population. Other networks said Mr. Biden had won Wisconsin, which would give him another 10 votes. The magic number for the winning candidate is 270 votes.

Mr. Biden predicted victory on Wednesday and launched a website to begin the transition to a Democratic-controlled White House.

Mr. Trump has long sought to undermine the credibility of the voting process if he lost. Since Tuesday, he has falsely declared victory, accused Democrats of trying to steal the election without evidence and vowed to fight states in court.

US election experts say fraud is rare.

Mr. Trump’s campaign fought to keep his chances alive with a call for a Wisconsin recount as well as lawsuits in Michigan and Pennsylvania to stop vote counting. Michigan Secretary of State Jocelyn Benson called his team’s lawsuit “frivolous.”

His campaign filed a lawsuit in Georgia to require that Chatham County, which includes the city of Savannah, separate and secure late-arriving ballots to ensure they are not counted.

It also asked the US Supreme Court to allow Mr. Trump to join a pending lawsuit filed by Pennsylvania Republicans over whether the battleground state should be permitted to accept late-arriving ballots.

The maneuvers amounted to a broad effort to contest the results of a still undecided election a day after millions of Americans went to the polls during the coronavirus pandemic that has upended daily life.

“They are finding Biden votes all over the place — in Pennsylvania, Wisconsin, and Michigan. So bad for our Country!” Mr. Trump posted on Twitter.

Mr. Biden said every vote must be counted. “No one’s going to take our democracy away from us, not now, not ever,” he said.

THE PANDEMIC EFFECT
The contentious aftermath capped a vitriolic campaign that unfolded amid a pandemic that has killed more than 233,000 people in the United States and left millions more jobless. The country has grappled also with months of unrest involving protests over racism and police brutality.

The United States set a one-day record for new coronavirus cases on Wednesday with at least 102,591 new infections, and hospitals in several states reported a rising tide of patients, according to a Reuters tally.

Supporters of both candidates expressed anger, frustration and fear with little clarity on when the election would be resolved.

In the nationwide popular vote, Mr. Biden on Wednesday was comfortably ahead of Mr. Trump, with 3.5 million more votes. Mr. Trump won the 2016 election over Democrat Hillary Clinton after winning crucial battleground states even though she drew about 3 million more votes nationwide.

If victorious, Mr. Biden will face a tough battle to govern, with Republicans appearing poised to keep control of the US Senate and likely block large parts of his legislative agenda, including expanding healthcare and fighting climate change. — Reuters

Indonesia in recession for 1st time since 1998

JAKARTA — Indonesia fell into recession for the first time in over two decades in the third quarter as the coronavirus disease 2019 (COVID-19) pandemic battered consumption and business activity in Southeast Asia’s largest economy, official data showed on Thursday.

Gross domestic product (GDP) shrank 3.49% on an annual basis in the July-September period, data from the statistics bureau showed, slightly more than the 3% contraction expected in a Reuters poll. The economy contracted 5.32% year on year in the second quarter.

Indonesia’s first recession since the Asian financial crisis in 1998 — normally defined as two consecutive quarters of economic contraction — comes as the country has struggled to contain the coronavirus outbreak.

Authorities in Indonesia, which has the highest COVID-19 cases and death toll in Southeast Asia, expect some 3.5 million people to lose their jobs this year, with the government and the central bank both taking action to try and soften the blow.

Statistic bureau chief Suhariyanto said despite the annual contraction, the economy showed improvement in the third quarter (Q3) from the previous three months in all sectors.

On a quarterly, non-seasonally adjusted basis, GDP grew 5.05% in the June-September period, but that was also slightly below expectations for 5.34% rise in the Reuters poll.

“Given the weak momentum from Q3, the GDP for Q4 is at risk as well and we are more likely now than before to see growth still at significant negative print of around -2% in Q4, which would push the full year GDP to -2%,” said Wellian Wiranto, an economist with OCBC.

The government has pledged to accelerate spending to push GDP back into growth this quarter, while Bank Indonesia Governor Perry Warjiyo has said the central bank has further room to act after 100 basis points of rate cuts and more than $30 billion of government bond purchases, including in the primary market. — Reuters

Denmark plans to cull its mink population after coronavirus mutation spreads to humans

COPENHAGEN — Denmark will cull its mink population of up to 17 million after a mutation of the coronavirus found in the animals spread to humans, the prime minister said on Wednesday.

Health authorities found virus strains in humans and in mink which showed decreased sensitivity against antibodies, potentially lowering the efficacy of future vaccines, Prime Minister Mette Frederiksen said.

“We have a great responsibility towards our own population, but with the mutation that has now been found, we have an even greater responsibility for the rest of the world as well,” Mr. Frederiksen told a news conference.

The findings, which have been shared with the World Health Organization (WHO) and the European Centre for Disease Prevention and Control, were based on laboratory tests by the State Serum Institute, the Danish authority dealing with infectious diseases.

The head of the WHO’s emergencies programme, Mike Ryan, called on Friday for full-scale scientific investigations of the complex issue of humans — outside China — infecting mink which in turn transmitted the virus back to humans.

“We have been informed by Denmark of a number of persons infected with coronavirus from mink, with some genetic changes in the virus,” WHO said in a statement emailed to Reuters in Geneva. “The Danish authorities are investigating the epidemiological and virological significance of these findings.”

Authorities in Denmark said five cases of the new virus strain had been recorded on mink farms and 12 cases in humans, and that there were between 15 million and 17 million mink in the country.

Outbreaks at mink farms have persisted in the Nordic country, the world’s largest producer of mink furs, despite repeated efforts to cull infected animals since June.

Denmark’s police, army and home guard will be deployed to speed up the culling process, Mr. Frederiksen said.

Christian Sonne, professor of Veterinary and Wildlife Medicine at Aarhus University, said in an email he believed culling the herd now as a precautionary measure was a sound decision and could prevent a future outbreak that would be more difficult to control. Mr. Sonne co-authored a letter published in the journal Science last week calling for the cull.

“China, Denmark, and Poland should support and extend the immediate and complete ban of mink production,” Mr. Sonne and his co-authors wrote last week.

Tougher lockdown restrictions and intensified tracing efforts will be implemented to contain the virus in some areas of Northern Denmark, home to a large number of mink farms, authorities said.

“The worst case scenario is a new pandemic, starting all over again out of Denmark,” said Kare Molbak, director at the State Serum Institute.

Minks have also been culled in the Netherlands and Spain after infections were discovered. — Reuters

Economic scars, once again: Reading the fine prints of pandemic mitigation

 

We all aspire for a strong economic recovery. But it is prudent to ensure we tie the loose ends in our fight against the virus. There are many challenges to growth after the lockdowns are eased; a near-normal path will not be an easy walk in the park when labor gets back to work. As Dr. Edsel Salvana warned, the virus doesn’t play by the rules. It continues to rewrite the rulebook.

Even in chess, anything can happen during an adjournment.

One good insight comes from the IMF’s World Economic Outlook issued just last month. The Fund should know whereof it speaks because it has formidable access to data on all of its 190 member countries.

Reopening of the economy is not linear. The Fund shows that different countries that tried to do some gradual reopening from the Great Lockdown and ascent from the depths of the recession in the second quarter were frustrated by successive waves of re-infection and deaths. Even more serious is that while lockdowns lead to economic contraction, the Fund also found that “voluntary social distancing” out of fear of the virus contributed a great deal to the shrinkage of business and employment. If at all, economic recovery could only be partial, subdued for the most part.

This is the economic scar, the traumatic aftermath, of the global pandemic. Output losses are real, and healing will take time.

Of course, one does not quickly see that in the Fund’s latest growth projections. World output is projected to recover from a decline of 4.4% in 2020 to 5.2% in 2021. So much is expected of the biggest economy of the US, a resumption of growth of 3.9% from a deep dive in 2020 of 4.3%.

Advanced economies consisting of the US itself, the Euro area, Japan, the United Kingdom, Canada and others are expected to decline by 5.8% this year and recover by a positive 3.9% next year. No one is spared from the Great Descent of 2020. For emerging markets, the forecast is a decline of 3.3% but a recovery of nearly twice at 6%. Only China is expected to sustain growth this year but India’s performance is exceptional, if it comes to pass: from a 10.3%recession to a recovery of 8.8%, the highest for next year. ASEAN-5 will join the strong performers as it is expected to bounce back from a recession of 3.4% to a 6.2% economic expansion in 2021.

But first, how did we handle the pandemic relative to the other neighbors in the Asia Pacific?

From the Fund’s Regional Economic Outlook: Navigating the Pandemic for Asia, also issued in October 2020, an interesting boxed article shows us the narrative of Asia’s lockdown and reopening experiences captured by four charts. Data for these charts should be recognized to be true as of September 2020.

The first chart groups the Philippines with Malaysia and New Zealand which imposed near-complete lockdowns for over one month. Others were very stringent but the duration was shorter. Still others were more selective on what to lock down.

But the effectiveness of the lockdown was challenged by the initial public health conditions and the density of the population. For these reasons, the lockdown did not seem to be effective in the Philippines as well as in India and Indonesia. While some countries went big on testing and tracing, the Philippines and Indonesia were considered to be laggards.

The experience of this region with reopening was diverse. Some countries reopened only when evidence of viral suppression was strong. There were re-infections, some nationwide but others were small outbreaks. In the case of the Philippines and Indonesia, reopening was done even before a decisive fall in infection cases because of the perceived economic cost. New cases stabilized but the virus was yet to be suppressed. The Fund observed: “These early openers have continued to experience a high number of new infections, reflecting a pickup in mobility after reopening, less scope for voluntary social distancing, and other factors…”

The next chart shows that with bad experience with early opening, the subsequent reopenings were rather slow for the Philippines, together with India and Indonesia. Here, schools remain closed and other sectors remain partially closed. Some countries that waited for the infection to subside succeeded in opening up more sectors and activities.

The Fund further commented that economic recovery was rather sluggish in the early birds. The next chart clearly shows the consequences of recklessness in terms of economic slack. Business activities proxied by purchasing managers’ indices across countries were lower than pre-COVID-19 levels in both the Philippines and India, suggesting that mobility remains low because of fear of getting the virus. This is also exacerbated in the Philippines by what the Fund calls “limited or insufficiently implemented fiscal stimulus.”

We notice that it was only fairly recently that some local governments have started to strengthen their testing and tracing capabilities. We have started to learn that “an effective testing, tracing, and quarantining system has helped some countries detect and contain infection clusters before they led to widespread community transmission.” In our previous columns, we wrote that Vietnam has used an impressive tracing system to quarantine all close contacts of positive cases as early as during the second quarter. China and Korea leveraged on technology and big data to improve the efficiency of contact tracing.

The composite equivalence of these charts for the Philippines is the so-called “voluntary social distancing.” Business and entertainment activities remain weak because people continue to be afraid of the virus and what it can inflict on them. Aside from possible prolonged quarantine, death and prohibitive cost that could wipe out the family’s finances, it seems wise to avoid shopping malls and eating places. For businessmen, it seems wise to cut losses by stopping operations and laying off workers. As a result, output is lost and the loss could be large and protracted.

Today, modern business cycle theories caution careful and conservative forecasting of economic growth after a recession as deep as this one. There is very little basis for believing that the output blip below trend will turn around to resume normal growth after a few quarters. Public policy intervention will have to weigh in big and be sustained. To leave a rare legacy, the President and the economic managers will have to continue strengthening their partnership with Congress to maximize the use of the national budget in managing what Oscar Jorda, Sanjay R. Singh and Alan M. Taylor, all from the University of California Davis, called “long economic hangover” of the pandemic (IMF, Finance and Development, June 2020).

“If the historical trends we have highlighted play out similarly in the wake of COVID-19, then secular stagnation (Lawrence Summers, 2014) would be a concern for monetary and fiscal stabilization policy for the next two decades or more.”

The good news is that monetary policy’s prolonged low interest rate regime can now be useful in helping provide fiscal space for mitigating the root cause of all these troubles.

 

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.

At cross-purposes with itself

 

In 2016, then candidate Rodrigo Duterte promised to end corruption. That promise echoed that of his predecessor’s, Benigno Aquino III, whose 2010 campaign catchphrase was “Kung walang corrupt walang mahirap” (Without corruption, there would be no poverty).

Corruption is not the only cause of poverty, and neither is it the sole barrier to the making of a prosperous society. But it does contribute to it and diminishes the capacity of governments to better the lives of their constituencies. It can mean fewer classrooms being built, and clinics and hospitals under-equipped because the funds for them have been diverted into some crooked official’s cache of ill-gotten wealth.

But corruption is even more significantly among the primary causes of underdevelopment. Corrupt lawmakers could be bribed to pass laws favoring this or that private interest, or to reject others that would reform the archaic land tenancy system to end the landlessness that has fed social unrest and rebellions in the Philippines for centuries, or to promote the industrialization that would boost employment and worker wages. Both were essential to the progress of this country’s neighbors (Japan, Korea, Taiwan, and China among others), but have not been seriously adopted as policy by any administration.

To address the poverty that the government’s own National Anti-Poverty Commission (NAPC) says afflicts some 20% of the populace, what is needed is reducing corruption enough to allow the introduction of political, economic and social reforms.

But not only has that evil metastasized throughout government. Its cost has also grown into the tens of billions. The PhilHealth anomaly alone cost the taxpayers P14 billion in misspent funds. The Presidential Anti-Corruption Commission (PACC) claims that only 50% of the funds the Department of Public Works and Highways (DPWH) allots for infrastructure projects is spent on the roads, bridges, etc., that are constructed, hence their often substandard quality.

If Mr. Aquino III’s promise to end corruption came to nought, so has Mr. Duterte’s. His four-and-a-half years in office have been riddled with one corruption scandal after another in many agencies of government — from those in health to education to immigration to public works.

Mr. Duterte only last week again admitted that corruption has not only endured during his watch; it has even grown despite his claimed commitment to ending it. As if to validate his earlier statement that he is useless in stopping it, he declared in the same breath the secretaries of health and of public works free of corruption despite allegations of wrongdoing against officials of the health insurance system and the DPWH. But he then contradicted himself: he directed the Department of Justice (DoJ) to investigate every department in government, despite the existence of the Office of the Ombudsman, into whose Constitutional mandate the DoJ would now intrude.

Charged with investigating and exposing corruption, that Office has made next to impossible access to the Statements of Assets, Liabilities and Net Worth (SALN) of the President, the Vice-President and the heads of Constitutional commissions by imposing a number of conditions on whoever in the media as well as the rest of the public requests for copies.

By making the DoJ the lead agency in making good his often repeated pledge to end corruption by the end of his term, was Mr. Duterte indirectly chiding the Office of the Ombudsman?

Probably not. Mr. Duterte has not released his 2018 and 2019 SALNs despite requests for them from the media — and despite his own Executive Order No. 2 acknowledging the people’s right to information, establishing a Freedom of Information Program (FOIP), and requiring all agencies of the Executive Branch to make publicly accessible the SALNs of their officials and other information on matters of public interest in their possession.

That executive order has been more honored in the breach than the observance. The Philippine Center for Investigative Journalism (PCIJ) complains that either its requests for government-held information are denied, or its reporters given the run-around by some agencies of the Executive Branch. Meanwhile, the decades-long demand for a law that would make all information held by all three branches of government accessible to the public has foundered on the shoals of Congressional indifference since 1987, when the first of several such bills was filed.

And yet what is most crucial to the success of any campaign against corruption is citizen access to information, among them, but not limited to, the SALNs of government officials, which the law mandates they should file every year. The assumption is that it is among the documents that could provide the public some inkling of whether the assets of the  people in government are ill-gotten or not, and if their financial transactions with private entities were aboveboard.

More than the SALN, however, are other sources of information, among them reports in the media. Investigative reporting, for example, is a journalistic enterprise that in countries that claim to be democracies is necessarily focused on holding the powerful to account by looking into what they have been doing, including their possible involvement in corrupt practices, and reporting it to the public.

But few will deny that media access to information has been severely limited by such administration ploys as the Ombudsman’s restrictions on SALN access; journalists’ being banned from covering certain events; critical and even just truth-telling media organizations’ being vilified and shut down; and some practitioners’ being unjustly labeled mercenaries, political partisans, purveyors of “fake news,” and even terrorists and/or members of the New People’s Army (NPA).

The information provided by those ethical and professional journalists who have been so harassed and even threatened includes reports on the grievances of marginalized sectors such as indigenous peoples, workers, and poor farmers. Some also report the human rights violations and other illegal acts in both city and countryside committed by the police and military — and yes, the corrupt practices of both local and national officials.

As incoherent as the ruling clique may be, antipathy to a knowledgeable and critical citizenry is instinctive to it. One can only conclude that it is deliberately preventing independent media practitioners from providing both the public as well as government itself information on the breadth and depth of the suffering among the poor and the marginalized that has historically driven the rebellions and uprisings that still persist today. Recognizing the distress of the needy and disempowered millions for which corruption has been at least partly responsible is indispensable to the making of honest governance and ending the conflicts and social unrest that have haunted this country for centuries.

Any serious campaign to stop or reduce corruption simply cannot do without a well-informed public capable of monitoring government. But neither can it succeed without government awareness of the plight of its citizens and of the link between corruption, poverty, and — for want of a better phrase — rebellion and insurgency.

The very same journalists and media organizations the Duterte regime has been trying to silence have been providing the nation an indispensable service, and it is very well aware of it.

It explains why it is abridging the people’s right to information: it is to prevent the citizenry from demanding that government truly address the roots of poverty by, among other means, curbing the dishonesty in public office that contributes to the hopelessness, hunger and despair that has led many Filipinos to take up the gun. His own regime is in that sense at cross-purposes with Mr. Duterte’s oft repeated promise to end corruption.

 

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

www.luisteodoro.com

Originalism: A review

For more than a decade now this column has been advocating for the recognition of “originalism” in our legal education and legal system. It is gratifying to see that such efforts are bearing fruit.

On second thought, “recognition” may be a tad inaccurate. “Re-recognition” is perhaps the better term.

For originalism/textualism was the norm, particularly for the first 150 or so years of the US Constitutional experience (from which the Philippines’ own system is derived). The “living constitution” is a 20th century creation by progressives to ram through their preferred policy agendas.

And it’s a testament to the miseducation of law students, particularly from the so-called prestigious law schools, that many consider today the “living constitution” as the exclusive paragon, the only manner of constitutional interpretation. Which is simply not true.

Our own Supreme Court has not actually been silent regarding textualism and originalism: “The words used in the Constitution must be given their ordinary meaning except where technical terms are employed. As the Constitution is not primarily a lawyer’s document, it being essential for the rule of law to obtain that it should ever be present in the people’s consciousness, its language as much as possible should be understood in the sense they have a common use.”

Furthermore, if “the plain meaning of the word is not found to be clear, resort to other aids is available.” But “while it is permissible to consult the debates and proceedings of the constitutional convention in order to arrive at the reason and purpose of the resulting Constitution, resort thereto may be had only when other guides fail as said proceedings are powerless to vary the terms of the Constitution when the meaning is clear.” Hence, “the proper interpretation, therefore, depends more on how it was understood by the people adopting it.” (Justice Antonio Nachura, Outline Reviewer in Political Law; citing Francisco, GR 160261; and Civil Liberties Union, 194 SCRA 317).

Progressives tend to adhere to the “living constitution” for tactical reasons: what they cannot push democratically in the legislature they try doing so surreptitiously through the judiciary, unhampered by what the Constitution actually says, as the words therein (they argue) should be interpreted as the times require.

Thus, for social issues like entitlement welfare, gay marriage, divorce, sexual orientation/gender identity rights, abortion, contraceptives — all of which are not mentioned either in the US or Philippine constitutions (except for the latter, which prohibits abortions), a democratically elected legislature has the discretion to reject such measures. By interpreting the Constitution in a manner unanchored on what’s actually written there, progressives try to get around the legislature by resorting to judicial legislation.

The late great US Supreme Court justice Antonin Scalia fought back against this nonsense. Blessed with clarity of intellect, eloquence, and a pen of magnificent wit, Scalia reintroduced constitutional interpretation of original intent and meaning of text which he called “originalism.”

“Originalism,” simply put, seeks to interpret a constitution in accordance with the understanding of those who drafted it or that of reasonable persons alive at the time of the constitution’s adoption as to the text’s ordinary meaning.

The difference, by the way, between textualism and originalism, is more apparent than real. In practice, textualism is used when referring to interpretation of legislative statutes, originalism when interpreting a constitution.

Speaking before the University of Virginia, Scalia said he adheres to originalism as “it beats the other alternatives, and that, believe me, is not difficult.”

One of those alternatives is the aforementioned “living constitution” theory. Of that, Scalia was scathing: “The Constitution is not an organism; it’s a legal text, for Pete’s sake!”

The problem with the “living constitution” theory is that it upends the crucial tripartite, checks and balances, government of limited powers structure. It effectively allows unelected judges to legislate from the bench and impose their will beyond the Constitution, effectively establishing a “judicial oligarchy.”

Thus, as Scalia explains in an NPR interview, the “living constitution” theory “places no restraints on judges,” and that if the Constitution means “whatever the people would want it to say, you’ve eliminated the whole purpose of a constitution.”

One calumny placed on “originalism” is that it is merely a cover to advance conservative policies. Again, another lie. The point is to let the words of the Constitution, as understood and adopted by the Filipino People (the actual authors of the Constitution) to be upheld. Should the Constitution be silent, then it is not up to the unelected judges but rather the People’s duly elected representatives (members of Congress) to legislate on the matter.

And if the Constitution is in need of changing, then again that is not the job of the unelected judges: that’s up for the Filipino people to do by amending or changing the Constitution.

Originalism is essentially allowing democratic principles and the rule of law to work, where the voice of the People prevails rather than the mere interests of a few.

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.

 

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

Notes on the Ako Para Sa Bata Conference

This year, the pandemic has drastically disrupted and changed the lives of millions of children all over the world. It has threatened their well-being, health, safety, education. Family life and income, school closures, quarantine measures, and child protection systems have been severely affected. Children now face the long-term socio-economic and mental health impact brought by COVID-19.

The Child Protection Network Foundation (CPN) and UNICEF Philippines are now holding the 12th Ako Para Sa Bata (APSB) Conference. To focus on these major issues, it has been reorganized as a series of 23 bi-weekly webinars for three months. It started on Sept. 8 and it will run until Nov. 24.

“With UNICEF’s support, we are able to continue organizing the annual APSB conference that provides continuing education for individuals and professionals in the frontline of child protection work ensuring that every abused child is treated with compassion and competence they truly deserve,” commented Katrina Legarda, director, National Network of Women and Child Protection Units of the CPN. “The webinars are free of charge. See you online,” she exclaimed.

“Addressing violence against children is a united effort. Ako, Tayo Para Sa Bata. This year, the Child Protection Network Foundation (CPN) has chosen the Philippines Obstetrical and Gynecological Society (POGS) to receive the Most Valuable Partner Award 2020,” said Dr. Bernadette J. Madrid, CPN executive director and Conference president. “CPN recognizes the professional and medical milestone that POGS has achieved through the integration of women and child protection in the OB-GYN residency training curriculum.”

“The APSB continues to grow and reach more child protection professionals and individuals from all parts of the Philippines and even outside the country,” APSB Chair Dr. Rica C. Lorenzana added. Dr. Sandra S. Hernandez, Scientific Committee chair APSB said, “The APSB 2020 webinars gather the APSB community online. We discuss how the COVID-19 pandemic has increased the risks for violence against children, how it has affected child protection services and parents on caring for children during this health crisis.”

Among the topics discussed by distinguished experts in the field are the following: Impact of COVID-19 on VAC and the child protection system; Beyond community quarantine in the Philippines; Responding to gender-based violence in the time of COVID-19 pandemic; Online sexual abuse and exploitation of children; and, Child protection in education enforcement Issues.

On Nov. 3, the timely topic was “Healthy Internet Use in the Time of Pandemic.” The panelists were Queenie Lee-Chua, PhD, Victoria Nolasco, MD, and Sylvianna G. Manalo. Larah Ellen Galvante-Landazabal, MD, was moderator with chair Ana Katherina Rodriguez-Go, MD.

Here are some practical notes and quotes from the webinar.

When thinking of how to raise “wired children,” parents should recognize the threats of screen time on their children’s health. Children tend to spend too much time online, partly on schoolwork and on social media. It is not true that there is too much online schoolwork.

Prof. Lee-Chua emphasized: “Make motivation a habit.” Structure is essential for learning. Real learning requires willpower. Children are distracted; there is a lack of external structure. Discuss a doable routine for ALL: study, work, and meals. Structure is needed so that the home environment can make motivation a habit.

Practice self-regulation. There should be space for each person, private or semi-private. Earphones are important because they allow the students to be in the same room and share the internet at home.

Parents should schedule and insist on physical exercise. There should be time for each: sleep, meals, exercise, and walks under the sun and fresh air. The environment may not be ideal but it should be workable for all.

Most distractions are self-inflicted: surfing, gaming. She suggested the use of external reminders. There are “screen time” apps for Apple, and other productivity apps for android. Parents should limit gadget use. FB and YouTube, in particular.

For complex study, “Print is better than online.” One should print the material and switch off the computer to solve math problems. It is necessary to limit reading online to the following: “Problems with mental resources, navigating tests, focus and retention. Many experts work hard to make reading on tablets as close to reading on paper as possible.” Studies say that it is better to print out the assignments and work offline. Our eyes get tired reading online. Most learning is done offline. There should be a balance between online and offline. “We are not homo-computerists,” Dr. Lee-Chua said. “Reserve accessible time and preserve the eyesight for live classes, videos and tests.”

She advised that parents should reserve non-academic activities (Twitter, for example) for weekends. Children should learn how to discipline themselves. Little children should not have FB accounts. Open communication is essential. Parents should seek to inspire teens with words, actions, demeanor.

On online learning she said parents should have “Gratitude. Count your blessings, not your burdens.

Prof. Lee-Chua tells her students: “Study hard and Study Smart.”

“Smart goals: Make resolutions realistic and positive. Make them as concrete as possible so you can plan accordingly.” She advised that one should begin with subjects that they have difficulty with. Focus on what one does not know. In major exams, practically all topics are given weight. In order to pass, one needs to know the basics of all of them.

“When you multitask, you are trying to save time. But you will likely fail. You end up consuming more time doing the same things.” Single, sequential tasking is better. Complex tasks cannot be done at the same time.

“Calm your children and calm yourselves,” she said. “Keep things in perspective.”

“Fact-check chain messages on Viber.” Ninety-nine percent of forwarded messages are not true, according to Dr. Lee-Chua.” She cited internet safety and how social media is dangerous to one’s mental health and the loss of privacy. “With great power comes great responsibility.” The internet provides everyone power for good or ill.

The brain changes with gadget addiction. There is the impaired mesocorticolimbic dopamine system “high.” This is similar to drug abuse. There is cue-induced craving in substance dependence. There is gray matter decrease in the prefrontal cortex. There is also decreased functional connectivity in cortex/subcortical areas (like heroin/cocaine). There is net-addiction such as repetitive finger movements.

She mentioned that some people have found a sense of purpose in the pandemic. There was a clinically depressed student who found meaning in the pandemic.

“Focus on what you can do. (Brainstorming on space and routine honing skills, helping frontliners, caring for each other).

“Seek professional help, if necessary.” Manage anxiety through mindfulness, seek nature. And then there is sleep. “Sleep. Quality, deep sleep.” Quantity is good but some people can sleep 10 hours and still wake up groggy. Notifications on the phone are bad because they disturb sleep. Blue light interferes with melatonin production.

“Make the most of what you have… For mental health, medicines, therapy help. In the end, the only thing that will distract them from self-pity would be reaching out to others.”

“Healing yourself is connected with healing others.” — Yoko Ono

Father Ben Nebres S.J., former Ateneo president, told of a student who was self-harming and self-destructive, “Come with me and we will visit Gawad Kalinga.” He made her help. She did not like it but she continued working there. And it worked. She is still alive and is now productive.

“Social media promotes self-obsession. It wreaks havoc on mental health. We should be helping others. There are people who have much less but they are more content.”

“We should expose children to what is positive,” said Dr. Lee-Chua.

Congratulations to the innovative organizers, CPN and UNICEF!

(Follow the Ako Para sa Bata Facebook page @AkoParaSaBataConference. The webinars are held every Tuesday and Thursday from 10 to 11:30 a.m. The recordings are available.)

 

Maria Victoria Rufino is an artist, writer and businesswoman. She is president and executive producer of Maverick Productions.

mavrufino@gmail.com