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PHL, other nations should question China’s coast guard law — Carpio  

PHIL COAST GUARD

THE PHILIPPINES and other nations should question China’s recent law allowing its maritime forces to fire at foreign vessels in the South China Sea,   including those in disputed waters, according to a retired Supreme Court senior associate justice.   

China’s coast guard law is a “grave threat” to the continuance of the law of the sea and to world peace, retired Senior Associate Justice Antonio T. Carpio said during a webinar of the Center for Strategic and International Studies on Tuesday.  

“The coast guard law violates international law because it allows China to use force in waters beyond its jurisdiction. The world must seek the invalidation of China’s new coast guard law before relevant international tribunals,” Mr. Carpio said.   

Mr. Carpio also cited the declining reserves in the country’s Malampaya gas field situated in Palawan — which accounts for 20% of the country’s total electricity needs — as one of the reasons why actions should be taken against China’s coast guard law.   

He said the Philippines will have to make a move to get the gas reserves in Reed Bank located within the country’s exclusive economic zone (EEZ).  

He cited that neighboring countries such as Vietnam and Malaysia are also looking to explore and exploit gas reserves within their respective EEZs.    

“In the next two to five years, there will be a situation where the Philippines, Vietnam, Malaysia, and Indonesia will be exploring for gas or oil within the nine-dash line claim of China. As a result, China will have to decide whether to enforce its coast guard law or not,” Mr. Carpio said.   

“I think there will be an incident because even in the absence of a coast guard law, we already have standoffs. Before that incident arises, let’s find a way to question the coast guard law of China before an international tribunal to strengthen our position,” he added.    

A ruling in 2016 rejected China’s claim to more than 80% of the South China Sea based on its nine-dash line drawn on a 1940s map. China, however, has refused to recognize the ruling and has intensified presence in disputed areas.   

The Philippines has filed several diplomatic protests against the incursions. — Revin Mikhael D. Ochave   

Senator Gordon calls for eased quarantine rules for vaccinated overseas Filipinos, foreigners

PHILIPPINE STAR/EDD GUMBAN

A SENATOR on Tuesday called on the national task force handling the coronavirus response to ease the quarantine protocols for all fully vaccinated overseas Filipinos returning to the country. 

Senator Richard J. Gordon said he sent a letter to Secretary Carlito G. Galvez, Jr., the task force chief implementer, recommending that returning migrants who have been vaccinated either abroad or in the Philippines be allowed to directly go on home quarantine for seven days and be tested for coronavirus within the fifth to seventh day of isolation.  

Mr. Gordon also said that the returning Filipino may only be allowed to interact with their household and community after testing negative for the disease.  

He said requiring returning Filipinos, especially overseas workers, to quarantine for 14 days “will cause a drain on their resources and take away from the time they are planning to spend with their families from whom they have already been separated for years.”  

“I, therefore, urge you to consider the above recommendation in order to help alleviate the financial and emotional expense to our people during these trying times,” he said in the letter.  

Earlier this month, the task force approved the rules cutting the quarantine period of fully vaccinated Filipinos to seven days, but this would only apply to those who got their jabs in the Philippines.   

Returning Filipinos who got vaccinated abroad must still undergo a 10-day quarantine at a facility and four days at home.  

Mr. Gordon also recommended that fully vaccinated foreign tourists and businessmen be allowed to enter the Philippines with a negative swab test result taken within 48 hours before the flight. They will also be required to undergo five days hotel quarantine upon arrival.  

They would also be tested on their third or fifth day of isolation and may be released upon receiving a negative test result, the senator proposed. — Vann Marlo M. Villegas 

Vaccination starts for cops on the frontline

PNA.GOV.PH

THE PHILIPPINE National Police (PNP) on Tuesday started the vaccination of cops on the frontlines of the coronavirus pandemic, starting with those in the capital region.   

“We were given 500 vaccines for today’s vaccination,” said Police chief Guillermo T. Eleazar, who received a CoronaVac shot developed by Sinovac Biotech, Ltd. during the launching ceremony.    

He said the doses used in at least eight vaccination sites in Metro Manila were part of the 53,000 vaccines given to the capital region.  

Mr. Eleazar said members of the PNP Command Group were also injected with their initial vaccine doses to encourage police officers to receive their jabs.  

He noted that more than 92% of police officers are now willing to receive a coronavirus vaccine. Cops who decline to be inoculated would not be penalized, the police chief said.   

As of June 14, PNP data show 25,866 police officers and non-uniformed personnel have tested positive for coronavirus. Of the total, 1,865 are active cases, 23,930 have recovered, while 71 died. — Kyle Aristophere T. Atienza 

Comelec launches mobile app to ease 1st step in voter registration

PHILSTAR

THE COMMISSION on Elections (Comelec) on Tuesday launched a mobile application that digitalizes the first step in voter registration — filling up an application form without the need to print a copy.    

After downloading the app, a QR code will be generated upon accomplishment of the form. The code can then be scanned, using Bluetooth, at the local Comelec office for processing the applicant’s biometrics.  

Under the Comelec’s web-based registration, applicants still need to make a hard copy of the form and submit this to the commission’s local office.   

“The launch of the mobile app is very timely in the face of mobility restrictions brought about by COVID-19 (coronavirus disease 2019) because you will only need a smartphone to accomplish the form. This will save time, effort and money that will otherwise be spent on going to a computer shop to download and print the form, or getting the form at the local Comelec (office) to fill it out manually,” said Comelec Commissioner Marlon S. Casquejo who conceptualized the project.  

However, the mobile app developed in-house by the Comelec is still limited to android phone users within pilot areas across the country.   

Mr. Casquejo, speaking during the launching ceremony held in Tagum City and streamed online, said they are hoping that this additional platform for registration, although still limited, will help boost the number of voters for next year’s national and local elections.   

He added that the Comelec team is working on expanding the availability of the mobile app soon. Voter registration and transfers will be until end-September. MSJ

Palace clarifies policy on reopening of gyms 

PHILSTAR

THE PALACE on Tuesday clarified that fitness studios would be allowed to operate in areas under a general community quarantine (GCQ) “with some restrictions” at 20% of venue capacity.   

Presidential Spokesperson Herminio “Harry” L. Roque, Jr. said in a virtual press briefing that those with a safety seal from government would be incentivized with an additional 10% capacity.  

Gyms in areas under GCQ “with heightened restrictions” and modified lockdown are not allowed to operate.  

The Trade department earlier said about 22,000 displaced workers in the fitness industry would be able to regain their jobs with the reopening of gyms.  

President Rodrigo R. Duterte on Monday night placed Metro Manila and Bulacan under a general quarantine with “some restrictions.”   

The provinces of Rizal, Laguna, and Cavite would remain under a general quarantine with tightened rules. 

Indoor dining in Metro Manila and Bulacan would be allowed at 40% venue capacity, according to the matrix of restrictions released by the Palace.   

It said indoor dining would be allowed at 20% venue capacity in areas under GCQ with heightened restrictions. 

Outdoor dining would be allowed at 50% venue capacity in areas under GCQ “with some restrictions” and “heightened restrictions.” 

Restaurants with a safety seal would be given additional 10% venue capacity. — Kyle Aristophere T. Atienza 

Stocks advance as government relaxes lockdown

SHARES climbed further on Tuesday after the government eased quarantine restrictions in some parts of the National Capital Region (NCR) Plus bubble.

The Philippine Stock Exchange index (PSEi) went up by 59.24 points or 0.85% to close at 6,976.73 on Tuesday, while the broader all shares index gained 31.52 points or 0.75% to end at 4,222.88.

“As [the] government continued with its easing of restrictions after June 15, this further [improved] the sentiment among investors, thus further moving the markets upward,” Diversified Securities, Inc. Equity Trader Aniceto K. Pangan said in a text message.

The government on Monday announced that Metro Manila and Bulacan will be placed under general community quarantine (GCQ) status “with some restrictions,” while Cavite, Laguna, and Rizal will remain under GCQ “with heightened restrictions.”

Meanwhile, Philstocks Financial, Inc. Research Associate Claire T. Alviar said the “strong performance” of the S&P 500 and Nasdaq may have also contributed to the local market’s close on Tuesday.

“Overnight, the S&P 500 and the Nasdaq closed at record highs due to the strong performance of the tech shares,” Ms. Alviar said in a Viber message yesterday.

Overnight, the S&P 500 and Nasdaq closed at record highs, helped by tech names, though the Dow Jones Industrial Average fell 0.25%, Reuters reported.

Asian shares rose early on Tuesday, tracking Wall Street higher, though investors looked to a much-anticipated Federal Reserve policy meeting to see if the central bank would signal any change to the US monetary policy outlook.

Back home, majority of sectoral indices posted gains on Tuesday except for financials, which lost 5.25 points or 0.35% to 1,482.83.

Meanwhile, industrials climbed by 196.58 points or 2.09% to 9,568.01; mining and oil went up by 192.30 points or 2.04% to 9,592.38; holding firms improved by 92.47 points or 1.33% to close at 7,027.79; property gained 25.93 points or 0.76% to finish at 3,429.14; and services increased by 2.36 points or 0.15% to 1,562.82.

Value turnover rose to P8.03 billion on Tuesday with 5.13 billion shares switching hands, from the P6.32 billion with 3.93 billion issues traded the previous day.

Advancers narrowly beat decliners, 106 against 101, while 59 names closed unchanged.

Foreigners turned sellers with P58.79 million in net outflows on Tuesday from the P20.36 million in net purchases seen on Monday.

AB Capital Securities, Inc. Junior Equity Analyst Lance U. Soledad said he expects the market to trade between 6,900 to 7,000 on Wednesday.

“We might see some profit taking as what we saw earlier in the session [on Tuesday] given that the index is in overbought levels,” Mr. Soledad said in a Viber message. — K.C.G. Valmonte with Reuters

Peso weakens to P48-a-dollar level

THE PESO sank to the P48-a-dollar level on Tuesday on demand for the greenback as the government moved to reopen the economy further.

The local unit closed at P48.03 versus the dollar on Tuesday, depreciating by 14 centavos from its P47.89 finish on Monday, data from the Bankers Association of the Philippines showed.

The peso opened the session at P47.90 per dollar. Its weakest showing was at P48.077, while its strongest level intraday was at P47.89.

Dollars exchanged rose to $1.158 billion on Tuesday from the $1.001 billion recorded on Monday.

The peso weakened due to an increase in corporate demand for the dollar, which could mean that local firms are gearing up to buy imported components for their production as the economy reopens further, UnionBank of the Philippines, Inc. Chief Economist Ruben Carlo O. Asuncion said in a text message.

President Rodrigo R. Duterte on Monday night said Metro Manila and Bulacan, which are part of the so-called NCR (National Capital Region) Plus bubble will be under with general community quarantine (GCQ) “with some restrictions” for the rest of the month, while, other provinces part of the group such as Rizal, Laguna, and Cavite will remain under GCQ “with heightened restrictions.”

Meanwhile, Rizal Commercial Banking Corp. Chief Economist Michael L. Ricafort said the peso depreciated as the market was cautious ahead of the US Federal Reserve’s policy meeting.

The US central bank’s policy-setting body is set to meet on Tuesday and Wednesday and while it is widely expected to keep borrowing costs steady, it may discuss tapering its massive asset purchases.

For today, Mr. Asuncion gave a forecast range of P47.95 to P48.25 per dollar, while Mr. Ricafort expects the local unit to move within a slimmer band of P47.95 to P48.10. — LWTN

Palace denies neglecting virus-hit areas outside Metro Manila

WIKIPEDIA

THE PALACE on Tuesday denied claims by a lawmaker that the government has neglected coronavirus-hit areas outside the capital region in its pandemic response, saying the surge in cases in other parts of the country is likely caused by a decreased public compliance to health protocols. Cagayan De Oro City Rep. Rufus B. Rodriguez on Monday lamented that the national government has poorly responded to the coronavirus situation in Mindanao, the southern islands of the Philippines. He said his city and other areas faced surging infections because pandemic officials have failed to provide them with more coronavirus vaccines. Presidential Spokesman Herminio L. Roque, Jr. said it’s not true that the Manila-based national government has neglected other areas. Several areas in Mindanao as well as the central Visayas islands experienced a spike in infections because localized lockdowns were not enforced and residents have failed to strictly comply with health protocols, he told a virtual news briefing. He further said transmissions are not caused by a lack of vaccines but complacency to minimum health safety standards. Mr. Roque asserted that the state’s distribution of coronavirus vaccines has been equitable. While admitting that the national government has been prioritizing Metro Manila in the distribution of coronavirus vaccines, Mr. Roque said only about 38% of the country’s vaccine supply is being received by the country’s key economic hub. “The remaining balance is still delivered to the rest of the Philippines pursuant to equitable distribution as mandated by the President,” he said. — Kyle Aristophere T. Atienza

The enduring humanity of work

TIRACHARDZ-FREEPIK

(Part 3)

Hybrid work is sure to be part of the New Reality in the way knowledge workers will organize their workday. As Emma Jacobs wrote in “How the frontiers of hybrid work are taking shape” in the Financial Times (April 21, 2021), after more than a year of remote work, hybrid (a mix of office and home-based working) is here to stay. Thanks to enabling digital technology, white-collar workers have worked as productively (and some say even more productively) at home as in the office. Although I may not be a representative knowledge worker, I personally have gotten more of my eight or more hours of working time daily in giving lectures, writing newspaper columns, attending board meetings, and presenting economic briefings to corporate executives and industry associations because of the many hours of travel time I have been able to save during those lockdowns our government excelled in implementing. All over the world, the hope is that hybrid work will allow employees to do focused work at home, reduce commutes, and enable them to better balance professional and personal lives. Offices will continue to serve very important purposes: innovation, collaboration, networking, coaching, and socializing.

Emma Jacobs conducted a survey among leading business organizations around the world and discovered several approaches to hybrid work. Hongkong and Shanghai Banking Corporation (HSBC) announced that it is scrapping executive offices to make space for hot-desking (a trend in which workers take whatever desk is available, instead of having one assigned space) and communal spaces. Its CEO told the Financial Times: “I won’t be in the office five days a week… It’s the new reality of life.” Feedback from online retailers revealed that employees want to retain elements of remote working when the pandemic is put under reasonable control. Recent research by Microsoft among 30,000 employees across the world found that “70% of workers want flexible remote work options to continue (and) 66% of business decision makers are considering redesigning physical spaces to better accommodate hybrid work.” This will obviously have repercussions on the office real estate sector. As Jamie Dimon, JP Morgan Chase CEO said: “As a result, for every 200 employees, we may need seats for only 60 on average. This will significantly reduce our need for real estate.” Major banks are estimating that their office space requirements will shrink by 20 to 40%. In fact, in my own University of Asia and the Pacific, we are planning to build a new Business Education Center in which individual professors (both full time and part time) will not be assigned specific offices nor desks but will be hot-desking in a common area.

Not everything, however, will be smooth sailing for hybrid work. As Jacobs commented, the risks from hybrid working include teams and processes disintegrating as workers set their own timetables, or the creation of in-office cliques where people who work at home are left out of decision-making and informal conversations. There are going to be issues about how conducive is the home environment to productive work, especially for women who have to multi-task as company employees or executives and as mothers who are oftentimes called upon to help their young children cope with their own blended learning requirements in school. Even in the National Capital Region (what more in less developed urban areas), internet connections are often unreliable. Although the existing providers have done much to improve their facilities during the pandemic, the Philippines still lags very much behind our peers in the East Asian region, especially if we compare ourselves to countries like South Korea and Singapore. If these difficulties can be overcome, the great advantage of online meetings is that as everyone joins meetings from their own laptop, “it is much better experience for everyone in the meeting since they can see everyone’s face clearly, ensures everyone is on a level playing field… and prevents the side conversations and cross talk that make remote employees feel excluded when half the team is joining from an office video conferencing room” (quote form Adam D’Angelo, Quora’s CEO). From my own experience giving economic briefings to large audiences, the feedback I get from the chat box helps me focus my coverage on the actual information needs of the various audiences I am addressing in comparison to the face-to-face briefings I used to give during which the feedback comes only during the Open Forum.

Whatever new ways of organizing the workplace will result from the pandemic, the bottom-line is that workers must always feel that they are not just being treated as “factors of production,” that their inherent humanity is always taken into account by their employers and their colleagues at work. In the 2021 FutureWorks Conversation Series organized by Baker McKenzie, Dr. Margaret Heffernan, best-selling author and Professor of Practice at the University of Bath, commented that the greatest lesson learned from the pandemic is that “trust, in business, is an absolute driver of productivity, legitimacy and reputation — what we’ve found in the pandemic is that the more we give, the more we get back.” Whatever technical and technological difficulties have to be overcome to build a new workforce reality after the pandemic, the social nature of the workers is still at centerstage. Dr. Hefferman reminded the participants in the Conversation Series that “what many leaders around the world have found is that when they were forced to give trust to their workforce, they earned trust in return.” As businesses re-examine ways of working in the wake of the pandemic, they can reap the rewards from the increase in trust and collaboration that has resulted from it.

Dr. Hefferman highlighted the need to integrate different perspectives and approaches and to solve problems, and keep solving problems, of a kind that we’ve often not seen before. How can organizations create a culture of collaboration to deal with today’s complexities? By emphasizing the need for relationships of trust within business. The crucial thing about collaboration is how far it depends on the social capital of the people working together. The heart and soul of collaboration is a trusted relationship. It is building the social relationships of trust, generosity, and reciprocity on which truly effective collaboration depends. This jibes very well with what Msgr. Fernando Ocariz wrote, as we reported at the beginning of this series of articles: The work of the future will necessarily involve “recreating the world of human relationships.” Work offers us the opportunity to strengthen a key dimension of the human person: the capacity to welcome and be open to others, another way of defining collaboration.

In the same FutureWorks Conversation Series of Baker McKenzie, another uniquely human characteristic of workers is given importance: resilience and flexibility. Not all the digital technology of the so-called Industrial Revolution 4.0 can substitute for this human quality. A resilient workforce is able to respond to business disruption with agility, focus, and commitment to purpose and wellbeing and a renewed motivation even when navigating changing priorities. Management must foster a company culture that highlights the strength and perseverance of workers to encourage continued tenacity and to show appreciation for workers’ determination. Leveraging the diversity of the workforce in both perspective and thought will cultivate creative problem solving. Workers themselves are increasingly sophisticated and constantly looking for new contingent and flexible work models that allow time for non-work-related personal fulfilment. They must, however, be helped by management to constantly upskill and reskill themselves.

In our predominantly Christian society, it is important that we always relate this challenge of redesigning the workplace to meet the so-called age of accelerations to what we may call the Theology of Work. Here I quote St. Josemaria Escriva, who, together with St. John Paul II, can be considered a leading theologian of work during the 20th Century. In a homily on St. Joseph the Worker (let us remember that we are still celebrating the Year of St. Joseph till Dec. 8, 2021), St. Josemaria said: “Work is part and parcel of man’s life on earth. It involves effort, weariness, exhaustion: signs of the suffering and struggle which accompany human existence and which point to the reality of sin and the need for redemption. But in itself work is not a penalty or a curse or a punishment: those who speak of it that way have not understood sacred Scripture properly… It is time for us Christians to shout from the rooftops that work is a gift from God and that it makes no sense to classify men differently, according to their occupation, as if some jobs were nobler than others. Work, all work, bears witness to the dignity of man, to his dominion over creation. It is an opportunity to develop one’s personality. It is a bond of union with others, the way to support one’s family, a means to aiding in the improvement of the society in which we live and in the progress of all humanity.”

If we keep these theological truths always in mind, we will know how to adapt to the requirements of the workplace in whatever age of accelerations we may be. 

 

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

bernardo.villegas@uap.asia

Sovereignty and economic advancement are not binary options

FREEPIK

Amending the Public Service Act (PSA) is an appropriate and timely move by our legislators. The manifest intention is very clear — open up the public service/utility industry to more competition, especially during this time of pandemic. Through this, we would be able to encourage the entry of more foreign direct investments (FDIs), which, if managed correctly, will improve the delivery of public services and lead to the creation of more jobs.

To date, there are two existing bills, namely, House Bill No. 78 (HB 78, which the Lower House has passed) and Senate Bill No. 2094 (SB 2094, which is still under interpellation in the Upper House), that aim to amend an 85-year-old piece of legislation — the Commonwealth Act No. 146, otherwise known as the Public Service Act. However, these bills, while talking about the same intention, are using “different” languages.

The Senate version recognizes that the telecommunication and common carrier industries are part and parcel of our critical infrastructure. By and of itself, it is essential and should be safeguarded against monopolistic interest by a foreign entity. Another significant difference refers to the absence of regulatory safeguards vis-à-vis FDIs. For instance, SB 2094 highlights the role of the National Security Council in reviewing foreign investments in terms of controlling any critical infrastructure in the country.

More so, the absence of a reciprocity clause in HB 78 that defines or delineates the obligations, benefits, and penalties of involved parties is another gap. Furthermore, SB 2094 provides for the compliance with international organization standards such as International Organization for Standardization or ISO. In this regard, SB 2094 provides for the aspects of Information Security and Performance Audit.

In essence, the Senate version is perceived to project a higher degree of independence and directly represents the national concerns about security and the economy.

The whole idea about the safeguard provisions behind the Senate version is captured by a calibrated or more nuanced approach toward amending the PSA. This version represents a definitive middle ground between reckless optimism and a cynical perspective in the act of opening up public services to more competition.

In this context, the 85-year-old PSA has been superseded by the rate of economic changes and developments in the country. From the post-war period through the age of nationalism and to the era of globalization, a lot of “things” have moved and changed. Much more so, economic developments and trends in the global landscape have been more extensive and intensive. By this account, the law has been rendered obsolete.

In her words, Senator Grace Poe, Chairperson of the Senate committee on Public Services, expressed that “Our economic landscape has significantly changed since the PSA was enacted 85 years ago, to the point that it is already incompatible with our progress. If we fail to adapt today, we will be left further behind.”

On this note, the relationship between sovereignty and national economic advancement has also evolved into a mutually reinforcing dynamic. It should not be presented or perceived as a binary option where a hard choice should be made. Sovereignty should not serve as a hindrance to progress but instead be a driver toward advancement. In the same way, national advancement should strengthen our sovereignty as the country effectively adapts to the global environment.

As explained by Senator Poe in a related blog post, “As we are trying to do this simultaneously — strengthen our national security and also our economy — it is incumbent upon Congress and the concerned administrative agencies to make sure that those investing in our country are above board and are not controlled by a foreign state.”

To erase or neutralize the “fears” of foreign control over our public services, SB 2094 further provides for concrete security measures to arrest any monopolistic interests threatening healthy competition. These are very particular to critical infrastructure that refers to the industries of telecommunications and common carriers.

To curb any animosity to the PSA amendment, Congress should come up with a unified version of HB 78 and SB 2094 manifesting a balanced position to consider sovereignty and economic advancement equally. As admirable as the Senate version is, the security measures or regulatory safeguards should be present in the unified version.

It is also befitting for the Members of the House of Representatives to rethink our national economic and political interests during joint Congressional sessions or debates about the PSA amendment.

Looking beyond the politics within and between the House of Representatives and the Senate, and the power separation dynamics between the legislative and judicial branches of government could offer us an alternative perspective and narrative — that the PSA amendment should be perceived as treating sovereignty and economic advancement as two mutually reinforcing components of national development, rather than being understood as two mutually exclusive factors.

 

Victor Andres C. Manhit is President of the Stratbase ADR Institute.

The value of a signature

MACROVECTOR-FREEPIK

On Nov. 10, 2020, the Supreme Court en banc promulgated its decision in Gomez v. People, effectively reshaping the tides of judicial policy. In Gomez, the Supreme Court discussed whether the absence of the City Prosecutor’s signature and approval in an Information constitutes a jurisdictional defect that may be raised as a ground for its quashal at any stage of the proceedings.

In the said case, an Information was filed against the accused, Gina Villa Gomez, for violation of Article 212 (Corruption of Public Officials) of the Revised Penal Code. The Information only contained the signature of the Assistant City Prosecutor (ACP) Rainald Paggao who certified that the same is “being filed with the prior authority of the City Prosecutor.” The Office of the City Prosecutor (OCP) Resolution, on the other hand, from which the Information stemmed, states, among others, that “the attached Information is recommended to be approved for filing in court” and was signed as approved by City Prosecutor Feliciano Aspi.

After more than two years, and after Gomez was arraigned, the trial court dismissed the case on the basis of the supposed absence of City Prosecutor Aspi’s approval and signature in the Information. The trial court explained that the defect in the Information amounted to ACP Paggao’s lack of authority to file the Information, a jurisdictional defect that cannot be cured.

The Supreme Court took the opportunity to explain an important concept in criminal procedure as it upheld the validity of the Information and ACP Paggao’s authority to prosecute the case. The Supreme Court recognized that the lack of authority to file an Information must be raised before arraignment, otherwise any objection on such ground is deemed waived.

The Supreme Court then overturned existing jurisprudence. In previous cases, the handling prosecutor’s lack of authority was considered a jurisdictional infirmity since it supposedly resulted to lack of jurisdiction over the offense charged and over the person of the accused. In Gomez, however, the Supreme Court explained its misgivings on how a handling prosecutor’s lack of authority will divest the trial court of its jurisdiction over the offense charged and over the person of the accused.

The Supreme Court likewise expounded on the lack of correlation between jurisdiction and a handling prosecutor’s authority to file an Information, explaining that an officer’s authority to file an Information is irrelevant in determining subject matter jurisdiction in criminal cases. Jurisdiction is conferred by law and is determined from a scrutiny of the ultimate facts alleged in the Information which would not be affected by an officer’s lack of authority to file an Information. On the other hand, jurisdiction over the person of an accused is acquired only upon his or her arrest or voluntary submission to the court’s jurisdiction.

The Supreme Court also explained that Section 4, Rule 112 which provides, among others, that “no complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy,” must be interpreted in light of Section 1 of Republic Act (“RA”) No. 5180, otherwise known as “An Act Prescribing a Uniform System of Preliminary Investigation by Provincial and City Fiscals and their Assistants, and by State Attorneys or their Assistants,” from which it was lifted. Since RA No. 5180 merely imposed a duty to secure the prior authority or approval from the provincial, city, or chief state prosecutor before filing an Information, any defect in relation thereto would only affect the standing of the handling officer to appear for the State. The need of a prior written authority contemplated by Section 3(d) Rule 117 was perceived by the Supreme Court only as a procedural tool meant to regulate the rules on pleading, practice, and procedure, and not as determinative of conferring jurisdiction over a court.

The Supreme Court likewise mentioned in Gomez that following RA No. 5180, “whatever authority that a handling prosecutor may have pertaining to the filing of an Information, proceeds from the review and subsequent approval by the provincial, city, or chief state prosecutor of the underlying Resolution itself.” Thus, ACP Paggao’s authority proceeds from the Resolution recommending the filing of the case against Gomez (to which the Information was attached), which was signed and approved by City Prosecutor Aspi.

The Supreme Court also pointed out that the requirement for a handling prosecutor to secure the prior written authority or approval from the Provincial, City, or Chief State Prosecutor has no constitutional underpinnings. It is merely a statutory requirement. This further justifies why the same can be waived. Given the foregoing disquisitions, there is no basis to consider the requirement for a handling prosecutor to secure prior written authority or approval as a jurisdictional requirement that would affect the validity of an Information. The same would only create questions as to representation, but never as to jurisdiction.

Following Gomez, therefore, Informations need not have on its face the signature and approval of the Provincial, City, or Chief State Prosecutor. It is enough that the Resolution from which the Information stemmed contains the approval and signature of the Provincial, City, or Chief State Prosecutor. Gomez’ failure to timely raise the perceived lack of authority of ACP Paggao prior to her arraignment is deemed a waiver thereof.

This ruling acknowledges the practical difficulties of funneling all Informations to the Head of the Prosecutor’s office in the concerned area, and highlights the primacy of substance over form. Indeed, an Information, which is a recital of the charges against the accused, is but the starting point of a criminal case where the parties will be given every opportunity to thresh out the strengths and weaknesses of the evidence. It is, of course, hoped that in every litigation, decisions are rendered on the substance — i.e., whether a crime was committed and if the accused indeed stands responsible for it — rather on whether the Information was signed by the proper party. The decision is laudable as it returns our focus to what truly matters in a litigation.

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

 

Jessica Sharla G. Bustamante is an Associate of the Litigation and Dispute Resolution Department (LDRD) of the Angara Abello Concepcion Regala & Cruz Law Offices or ACCRALAW.

(632) 8830-8000

jgbustamante@accralaw.com

The European Union and ASEAN are natural partners and have a common agenda

MY VISIT to Jakarta and ASEAN last week underlined the European Union’s (EU) commitment to the Indo-Pacific region, and it reconfirmed a clear demand in the region for more cooperation and EU presence. All my interlocutors stressed that they want to shape a broad common agenda for cooperation: from the pandemic and recovery, to connectivity and trade, from the green agenda to the key area of security.

As the EU, we are well aware that the global center of gravity is shifting towards the Indo-Pacific region. The Indo-Pacific creates 60% of global GDP and two-thirds of global growth. It is the second largest destination for EU exports and home to four out of the EU’s top 10 trading partners. Around 40% of the EU’s foreign trade passes through the South China Sea. The EU is also the top investor in and development assistance provider for the Indo-Pacific.

The EU is the Association of Southeast Asian Nations’ (ASEAN) number one development partner, and its third trade partner and investor. EU exports to ASEAN countries grew from €54 billion in 2010 to €85 billion in 2019 and our imports grew even more, from €72 billion to €125 billion.

These numbers remind us of our strong connection and the big stakes the EU has in this dynamic part of the world.

The Indo-Pacific region is the future, but the present is just as important. Insecurity and tensions are rising, threatening the order and balance of this region. Stability, development, and economic growth rests on openness, on stable and shared rules, and shared security, and the EU’s interest is precisely this: that the regional order stays rules-based and free and open for all. We can contribute to this significantly and our regional partners, who view the EU as a trusted and reliable actor, recognize this.

Last year, we upgraded EU-ASEAN relations between the two most advanced regional integration schemes of the world to a Strategic Partnership, after we had established dialogue relations in 1977. This was long overdue and important, because in a world of power politics and general uncertainty, ASEAN and the EU should pull together. Our bonds with ASEAN are founded on a joint commitment to rules-based multilateralism. Currently, ASEAN is a bit like the “swing state” in the wider Indo-Pacific, where the US and China are throwing their weight around. ASEAN countries are united by their wish not to be cajoled by US-China strategic competition. ASEAN is the nucleus around which inclusive forms of regional cooperation are built, and regional integration is a way to safeguard our respective “strategic autonomy.”

The EU launched in April 2021 an Indo-Pacific strategy, with one key message: we want to step up our engagement and work with our partners to boost trade and investment, economic openness, and a sustainable approach to connectivity in the region. Besides being an economic powerhouse, the EU is also ready to be a political and security actor in the region and to do more work on strategic and security issues, in particular maritime security. We already have a dialogue with ASEAN on maritime security cooperation, and are currently extending our Critical Maritime Routes Program, which strengthens regional maritime surveillance capacities from the Indian Ocean to South East Asia. We are also exploring options to enhance the EU’s maritime presence in the vast Indo-Pacific space.

Furthermore, we have to step up cooperation to respond to the ongoing “democratic recession” worldwide and the growing attacks on pluralism and political freedoms. Myanmar is the most dramatic case in point in this regard in South-East Asia. The EU looks to ASEAN leadership in this situation and we are ready to back more regional engagement. Given the complete refusal by the military junta to engage in negotiations and their growing repression, the EU is also working on a new sanctions package to further defend human rights. Many countries and certainly the people in this region share our view: these values and principles are universal and people should determine their own political future and have their rights protected. Often, as we see in Myanmar, the erosion of such rights and freedoms comes with severe consequences for one’s personal safety and security.

Beyond the regional angle, the EU and the Philippines are close partners bound by shared values and common interests such as the support to a rules based international order and mutual beneficial trade. I hope to engage very soon with Foreign Secretary Teodoro Locsin, Jr. to explore how to deepen our bilateral, regional, and multilateral agenda even further.

The Philippines-EU Partnership and Cooperation Agreement is being implemented with the recent holding of three subcommittee meetings in trade and investment; human rights and governance; and development cooperation. These meetings illustrated our mutual interest in constructive cooperation in a variety of areas.

The pandemic has shown us that cooperation is key to achieve a green and sustainable economic recovery.

Furthermore, the Philippines will also hold a key role as ASEAN coordinator for Dialogue Relations with the EU starting next August. The three years ahead will be crucial for the full implementation of the ASEAN-EU Strategic Partnership.

The EU’s message is clear: we want to do more with the Philippines, ASEAN, in South East Asia, and in the wider region. ASEAN, and the people of the region, can count on the European Union to be a strong and reliable partner as we jointly tackle the challenges of our time.

 

Josep Borrell is the EU High Representative for Foreign Affairs and Security Policy/Vice-President of the European Commission.