Facebook Instagram Linkedin Twitter Youtube
Home Blog Page 7623

Regional Updates (09/22/20)

President gives thumbs up to Manila Bay ‘white sand’

PRESIDENT RODRIGO R. Duterte defended the artificial white sand project along Manila Bay and praised Environment Secretary Roy A. Cimatu for the rehabilitation program. “Now, people now are really enjoying the reclaimed area with the white sand,” Mr. Duterte said in a televised talk late Monday. People flocked to Manila Bay on Sunday when the area with the controversial project was opened to the public. The laying of  crushed dolomite for a “white sand” effect is part of the Manila Bay rehabilitation program that started January 2019. The Supreme Court mandamus that directed the rehabilitation was issued in 2008. The use of dolomite has been criticized over health risks and environmental impact. — Gillian M. Cortez

Tacloban mayor seeks amnesty on local tax penalties to boost collection

TACLOBAN CITY Mayor Alfred S. Romualdez has asked the local council to pass two ordinances that will condone the payment of penalties, surcharges, and interests on unpaid local taxes “for 2019 and prior years.” The amnesty covers those who failed to pay real property taxes and other tariffs collected by the local government. The mayor endorsed draft copies of the two ordinances to the council on Sept. 21. In a statement, the city government said the mayor “hopes to encourage the public to pay their obligations to the City without the penalties, surcharges, and interests, to mitigate the adverse economic impact of the pandemic to the landowners, proprietors, and all other Taclobanons.”

SMC starts nutribun food relief project in 4 areas

SAN MIGUEL Corp. (SMC) kicked off its free nutribun project for poor communities on Tuesday, with four baking sites set up in Petron gas stations starting operations. The four areas are Caloocan, Tondo, and Payatas in Metro Manila and Malolos in Bulacan. “About a month ago, we announced a new initiative to make nutribuns available to the poor, to help keep them from hunger as our country continues to deal with the health crisis. I’m happy to report that the first four Petron nutribun baking stations are now operational,” SMC President and Chief Operating Officer Ramon S. Ang said in a statement. The distribution of nutribuns are handled by partner non-government organizations and the local government units. Mr. Ang said more sites will be added as soon as special baking ovens are built and installed at other Petron stations.

Liquor ban: Mayors wrestle with business welfare vs irresponsible drinkers

THE IMPOSITION and lifting of liquor ban amid the coronavirus crisis, a function mainly relegated to mayors, is proving to be a tough balancing act between the welfare of businesses and managing social gatherings that could be venues of virus transmissions. Baguio Mayor Benjamin B. Magalong yesterday recalled his directive made just a day before to reimpose the liquor ban as the city prepares to reopen to tourists starting with residents of provinces in Region 1. He ordered the ban after findings that “unbridled drinking sprees caused the two recent clustering of coronavirus disease 2019 (COVID-19) cases in the city,” according to a statement from the city government. Mr. Magalong said the reconsideration to lift the ban was made alongside a strengthened policy to monitor residents for the observance of health protocols. “What happened at Slaughterhouse and Ferdinand barangays must not be disregarded but we also have to consider the economic repercussions of implementing another liquor ban at this time when businesses are struggling to recoup their losses,” he said. The mayor also appealed to the public “to do their share.” He said, “Let us continue to espouse discipline wherever we are and whatever we do.  It is our only hope in surviving the virus and moving on with our lives.  When we drink, please make sure that we don’t overdo it.  Drink moderately and be virus-free,” he said.

DAVAO CITY
In Davao City, where the liquor ban was in effect for more than six months and lifted only on Sept. 21, Mayor Sara Duterte-Carpio stressed that the decision was mainly “for the businesses and for the people who are working in the liquor business.” Warning residents of unrestrained drinking, she said, “We did not lift the liquor ban for you.” Dining places are restricted to serving just two portions of alcoholic beverage per customer while pubs and other similar establishments are still prohibited from operating. Serving as well as retail sales of liquor is also subject to the city’s ordinance imposing a prohibition from 1 to 8 a.m. — Maya M. Padillo

Telecom permit approvals top 900 in past month

THE Anti-Red Tape Authority (ARTA) said over 900 telecommunications permits have been approved over the past month, after it ordered local governments to release pending applications.

In a statement Monday, ARTA said that 933 telecommunications permits have been approved. PLDT, Inc. and Smart Communications, Inc. reported that 661 documents have been released, including permits and barangay resolutions. Globe Telecom, Inc. said that 272 of its permits have been approved.

ARTA last month ordered local governments to release their list of pending permits for telecommunications towers, applying the rules of the Ease of Doing Business law to eliminate delays.

In the order, ARTA said that permit applications that have exceeded seven days from completion will be deemed approved.

The seven-day deadline complies with the law’s time limit for “complex transactions.” The law requires government agencies to observe three types of deadline: Three working days for simple transactions, seven working days for complex transactions, and 20 working days for highly technical applications.

ARTA sent 57 compliance orders to 49 cities and municipalities.

ARTA Director-General Jeremiah B. Belgica said that he is happy that local governments and national government agencies are promptly responding to the orders.

“This shows that with a concentrated push, our government agencies are able and are willing to fast-track the construction of telecommunication towers to improve interconnectivity by Christmas this year,” he said.

Nine government agencies in July signed a memorandum circular fast-tracking permit approval for the building of shared telecommunications towers by reducing the required number of permits. — Jenina P. Ibañez

PHL GDP contraction seen at 6.5% in 2020

GROSS DOMESTIC PRODUCT (GDP) is expected to contract 6.5% this year, with the Philippines struggling to contain the coronavirus, raising the risk of further lockdowns that will pose a drag on business activity, according to Maybank Kim Eng.

“The Philippines and Indonesia are struggling to contain the virus outbreak and may relapse into periodic targeted or localized lockdowns,” it said in a report.

Maybank’s 2020 forecast compares with its minus 6.7% outlook for Thailand. Other economies expected to contract are Singapore (-6%), Malaysia (-5.4%), and Indonesia (-0.5%). Vietnam’s economy is projected to grow 3.6%.

In 2021 the Philippines is expected to post a gain of 4.5%, it added.

Maybank’s outlook for the Philippines in 2020 and 2021 is more pessimistic than the government’s official projections of between minus 4.5% and minus 6.6% this year and growth of 6.5-7.5% in 2021.

“The Philippines and Indonesia are especially dependent on a vaccine to save their economies, as lockdowns and social distancing rules have not been successful in containing the spread. Lockdown fatigue is setting in and governments are turning their focus to vaccine strategies,” it said.

It has been six months since the country was initially locked down. Although restrictions have been tempered in recent months, business activity has been reviving slowly.

GDP contracted by a record 16.5% in the three months to June, reflecting the months when the lockdown was strictest.

“The worst is however probably over as the economies slowly reopen after the severe lockdowns during the second quarter. But the growth trajectory will likely be more U-shaped than V, with GDP of most ASEAN economies returning to pre-pandemic levels only in early 2022,” Maybank said.

It added the crisis has been a “regressive shock” that has disproportionately hit lower-wage workers, specifically in the Philippines where unemployment was greater for elementary and high school graduates compared to university graduates.

“Income inequality will likely worsen as a result, as higher-wage workers are less impacted. The worst hit sectors — including hospitality, retail, F&B, recreation, airlines, construction — employ a higher proportion of lower-wage workers,” it said.

Philippine unemployment was 10% in July, tapering off from the high of 17.7% in April but still nearly double the year-earlier level of 5.4%, according to the Philippine Statistics Authority. The July rate is equivalent to around 4.571 million jobless. — Luz Wendy T. Noble

PHL detects 72 new ASF outbreaks; more than 33,000 hogs culled

THE PHILIPPINES reported 72 new outbreaks of the African Swine Fever (ASF), according to the Bureau of Animal Industry (BAI).

In its 11th follow-up report to the World Organization for Animal Health, BAI Director Ronnie D. Domingo said that an additional 33,406 hogs were culled due to the new outbreaks.

Libmanan, Camarines Sur accounted for 3,024 of the culled pigs, followed by Sariaya, Quezon with 1,878 animals, and Liliw, Laguna with 1,869.

At the bottom of the table were Echague, Isabela with one culled pig; Aurora, Isabela had two, and Calauan, Laguna had three.

Other areas where ASF was detected include San Antonio, Llanera, Carranglan, San Jose City, Talavera, Science City of Muñoz, General Mamerto Natividad, Rizal, Guimba, Peñaranda, General Tinio, Laur, Talugtug, and Lupao, Nueva Ecija; Asipulo, Ifugao; Bani, Alaminos City, Bugallon, Natividad, Bolinao, Dasol, and Infanta, Pangasinan; Pangil, Nagcarlan, Calamba, and Sta. Cruz, Laguna; and Binangonan, Baras, and Cardona, Rizal; Malvar, Sto. Tomas, Talisay, Laurel, and San Juan, Batangas; Tabuk City in Kalinga; Alfonso and Magallanes, Cavite; Tagudin, Ilocos Sur; Pugo, Agoo, Aringay, and Sudipen, La Union; Sta. Cruz and Masinloc, Zambales; San Mateo, Ramon, Luna, Quezon, Roxas, and Mallig, Isabela; Candelaria, Lopez, Tiaong, Pitogo, Catanauan, Gumaca, Macalelon, General Luna, and San Francisco, Quezon; and Naga City, Pamplona, Milaor, Nabua, Minalabac, Pili, and Bulas, Camarines Sur.

In a virtual briefing Tuesday, Department of Agriculture spokesperson Noel O. Reyes said the current ASF animal death tally was 316,637 hogs since the outbreak started in August 2019.

According to BAI’s report, the outbreaks were caused mainly by the illegal movement of animals and swill feeding.

ASF is a severe and highly contagious hemorrhagic viral disease in pigs that poses no health risks to humans. — Revin Mikhael D. Ochave

GSP+ withdrawal could worsen unemployment — MAP

THE removal of tariff perks enjoyed by Philippine exports to Europe will hurt various industries and worsen unemployment, the Management Association of the Philippines (MAP) said.

The European Parliament last week called on the European Commission to start the procedure for suspending the Generalized Scheme of Preferences Plus (GSP+) privilege enjoyed by the Philippines after the government failed to improve the country’s human rights situation.

“We fervently hope that the removal of the GSP preferences by the EU countries will not go ahead. It will make our products less competitive and will seriously impact several industries,” MAP President Francisco E. Lim said in a statement Tuesday.

“It will increase the number of the unemployed among our countrymen at a time when they most need jobs.”

He asked that the Philippine government and the European Commission discuss the issue “in a mutually satisfactory manner,” urging the government to take the matter seriously.

Philippine Exporters Confederation, Inc. President Sergio R. Ortiz-Luis, Jr. said last week that the Philippines does not have much to lose, as it does not fully utilize GSP+.

GSP+ is an incentive agreement in which 6,274 Philippine products enjoy zero-tariff entry to the European Union provided the country adheres to 27 core international conventions that include human and labor rights.

European legislators in the resolution cited Philippine human rights issues, including President Rodrigo R. Duterte’s war on drugs.

Goods exported under GSP+ preferences usually account for around a quarter of total exports to the EU each year, significantly lower than the leading beneficiary countries such as Bangladesh and Cambodia, whose utilization rates top 90%.

Palace Spokesman Herminio L. Roque has said that the European Parliament does not have the authority to revoke the trade perks.

“Ang European Commission lang ang may kapangyarihan na mag-withdraw ng GSP+ preference (Only the EC has the power to withdraw GSP+),” he said in a briefing Tuesday, adding that no individual government has expressed support for revoking the trade preferences.

Central Bank Governor Benjamin E. Diokno in an ANC interview on Monday said that he believes trade is “welfare enhancing” and benefits both parties.

“The EU is a 27 member (organization) and so I don’t know whether that will be imminent. We have good relations with Germany and France. And so I think it will take time,” he said. — Jenina P. Ibañez

Gov’t seeking to automate port ticketing

THE Philippine Ports Authority (PPA) and the Department of Transportation (DoTr) said Tuesday that they are planning to implement an automated ticketing system at all ports by 2021, to cut out fixers and scalpers while improving maritime security.

An auction for modern ticketing machines has been scheduled “before the end of the year,” the PPA and the DoTr said in a joint statement.

“The Unified Electronic Ticketing System which is equipped with an electronic reservation and ticketing assistant, aims to reduce human-to-human transactions to comply with the ‘new normal’ protocols to stop the spread of the coronavirus disease (COVID-19),” they added.

They said the new ticketing system will also support an integrated vessel booking and payment system for roll-on, roll-off ports.

“Using desktop computers or mobile phones, passengers using the system can reserve, book, and pay for tickets online,” the two agencies said.

Passengers unable to access the online system can also buy tickets using vending machines.

The online booking system will be managed by the PPA.

PPA Administrative Order (AO) No. 12 series of 2019 lists the objectives of the centralized e-ticketing system as “to institute port process improvement for maritime safety and security since this will provide a useful instrument for preventing ship overloading and overcrowding.”

The AO also positions the project as a measure to comply with ease of doing business rules while generating administrative cost savings for shipping lines.

The new system will also provide automatic preparation of passenger manifests for submission to government agencies.

The PPA will provide the system software, office space and hardware to implement the online booking system at the ports under its jurisdiction.

Shipping lines will be responsible for the office space and equipment not provided by the PPA.

The PPA is responsible for the collection of the integrated shipping fare, passenger terminal building fee, and the added administrative fee. — Arjay L. Balinbin

Pag-IBIG Fund to miss 2020 housing loan target

THE Home Development Mutual Fund, better known by its Pag-IBIG Fund branding, said it does not expect to achieve its loan target this year due to the coronavirus disease 2019 (COVID-19) pandemic.

In a Laging Handa briefing, Pag-IBIG CEO Acmad Rizaldy P. Moti said the P100-billion housing loan target is at risk due to disruptions in lending activity due to the outbreak.

“Ang Pag-IBIG Fund, unfortunately dahil sa pandemya ay hindi natin maabot ang gusto sana nating pautang sa pabahay ay umabot ng P100 billion this year. Pero dahil sa pandemya, mukhang aabot ito sa P60-70 billion (Pag-IBIG Fund, unfortunately because of the pandemic, will not hit its desired level of housing loans of up to P100 billion this year but because of this pandemic, we will hit P60 billion to P70 billion),” he said.

Mr. Moti said the P100-billion target represents a pledge made to President Rodrigo R. Duterte to issue that much in housing loans every year until 2022.

Mr. Moti said the pandemic may also delay a planned increase in member contribution rates. The state-owned housing fund announced last year that it will increase member contribution rates by P50 starting June 2021. Mr. Moti said after consultations with labor and employers’ groups, the delay will push back the collection of the increase.

“January 2022 magiging effective ‘yung pagtaas na yan (This hike will be effective in January 2022),” he said.

“In terms of financial projections and financial strength, kayang-kaya naman po ng Pag-IBIG Fund na i-delay po ito nang up to 12 months (Pag-IBIG Fund can afford a delay of up to 12 months),” he added.

The Pag-IBIG Fund’s net assets grew at the end of August to P640 billion, against P603 billion at the end of 2019. — Gillian M. Cortez

NGCP reports delays in transmission projects due to quarantine

CRITICAL TRANSMISSION line projects will be further delayed due to the variable enforcement of quarantine and coronavirus disease testing protocols by local government units, the National Grid Corp. of the Philippines (NGCP) said.

“NGCP is eager to finish its critical projects as close to the original timelines as possible,” it said in a statement on Tuesday.

Among priority projects that were stalled include the Mindanao-Visayas Interconnection Project (MVIP), the Western Luzon Backbone project, and the San Jose-Quezon 230 kilo-volt Line 3 project, which are all certified as energy projects of national significance by the Department of Energy (DoE).

“Project schedules are continually reassessed as varying degrees of community quarantine remain in effect,” it said.

The company said it takes between two and four months under quarantine rules to complete a project that typically takes a month.

“This means that if a project was set to be completed within four months… the new estimated time of completion (will be) eight to 16 months,” it said.

“These targets continue to move as we remain bound by health and safety considerations,” it added.

In August, the DoE said it ordered the company to fast-track the implementation of the P52-billion MVIP. It was initially expected to be completed this year but it is now projected to be complete by 2021.

NGCP said it needs to comply with rules requiring mandatory swab testing of project personnel, securing coronavirus disease 2019 (COVID-19) test results from contractors, and facilitate permits to bring its workers to areas with high levels of infection.

The company is asking the government for assistance to allow the entry of its foreign consultants and to rationalize lockdown protocols to minimize project delays. — Adam J. Ang

DA confirms H5N6 bird flu at poultry farm in Rizal

The Department of Agriculture (DA) has confirmed the detection of H5N6 highly pathogenic avian influenza outbreak in backyard poultry farms in Taytay, Rizal.

In an interview, DA Technical Spokesperson for Avian Influenza Arlene V. Vytiaco said that on September 4, laboratory testing has confirmed the detection of the said bird flu strain in two backyard farms located in Barangay Sta. Ana.

The detection of the virus has resulted in the depopulation of 171 birds consisting of 93 Muscovy ducks, 70 native chickens, and eight pigeons.

Ms. Vytiaco said five backyard poultry raisers experienced unusual mortalities in their flock, but only one raiser reported the incident to the authorities on August 26.

Meanwhile, Ms. Vytiaco said the outbreak has already been contained and the DA has conducted depopulation and surveillance around the one kilometer radius from the backyard farms where the virus was detected.

“All results are negative. There is ongoing cleaning and disinfection in the area,” Ms. Vytiaco said.

Ms. Vytiaco said they are still investigating the cause of the bird flu outbreak in Taytay, noting that the backyard poultry farms are located along the riverbanks of Pasig River.

“Disease investigation is still ongoing to determine the cause of the outbreak,” Ms. Vytiaco.

The confirmation of the bird flu outbreak in Taytay on September 4 breaks the 90 consecutive days of no incidents before declaring the Philippines free from the said animal disease.

The most recent detection of the H5N6 strain was in July, on an egg farm in San Luis, Pampanga that resulted in the culling of 38,701 heads of layer chickens.

According to Ms. Vytiaco, the government will provide indemnification for the affected backyard poultry raisers at P80 per head for chicken and ranging from P80 to P120 per head for duck.

Coal’s last refuge crumbles with China’s renewables plan

COAL-FIRED POWER has been dying everywhere except where it poses the greatest threat.

Draw a line down the world around the longitude of the Nile. The region to the west — encompassing Europe, Africa, and the Americas — has seen coal consumption drop by a quarter over the past decade. In the US, demand fell 43% on an energy-equivalent basis between 2009 and 2019, according to BP Plc’s latest statistical review of energy. In Europe, it slipped 23%. The UK, cradle of the coal-fired industrial revolution, saw a 79% decline that has left its few remaining thermal plants barely operating since spring.

The trouble is what’s happening east of the line. Consumption there rose by a quarter over the same period, and since the region already accounted for about 70% of coal demand, that has driven the global tally up by nearly 10%. If Asia — and in particular China, which accounts for about half the world’s coal consumption — can’t break the habit, devastating climate change will be unavoidable.

On that front, good news may finally be emerging. Beijing is lifting its energy-transition ambitions in its 14th five-year plan, running from 2021 to 2025, people familiar with the matter have told Bloomberg News. A plan to derive 20% of its primary energy from non-fossil fuels may be brought forward by five years from 2030 and the share of coal in the energy mix cut to 52% by the same date from 57.5% this year, according to the report.

You need to decode those numbers a little to see why such apparently modest changes are a big deal. “Primary energy” is a concept that’s a little baffling to non-specialists, including not just the power delivered as electricity but the stuff that’s burned in vehicle engines and industrial boilers. It also makes no adjustment for the fact that the relatively low efficiency of turbines means only about 40% of the primary energy that goes into a thermal power station as fuel comes out as electricity.

Adjust the figures according to those rules of thumb, and things come more into focus. Electricity accounts for about 48% of China’s final energy mix. If 20% is going to come from non-fossil fuels, that means about 42% of China’s grid in 2025 will be renewable- or nuclear-powered, up from about 32% at present.

Assuming current rates of electricity demand growth of about 5% or so a year continue, that’s going to require a blistering build-out of wind, solar, nuclear and hydro-electric generation — especially the first two. At present, China has about 241 gigawatts (GW) of wind turbines, 180GW of utility-scale solar and 86GW of rooftop photovoltaic panels. The government’s target would require 80GW to 115GW of new solar to be installed every year, as well as 36GW to 45GW of wind, according to a note from Industrial Securities Co. No wonder shares of Chinese renewables companies have been surging as reports of the plans have spread.

China already has more than a third of the world’s wind and solar generation capacity. Meeting those levels of installations would almost double its installed wind base in five years, and leave solar facilities more than three times the size of the current utility-scale fleet.

The most important issue is what that would do to its coal plants. As we’ve written, China shows signs of being more addicted to solid fuel than even to oil. Unlike petroleum, there are abundant domestic reserves of coal at a time when Beijing is increasingly mistrustful of foreign countries.

Building coal-fired power plants is also a time-honored way for provincial authorities to juice the economy, however much the central government may prefer to decarbonize the energy mix. China has about 250GW of new coal power plants under development, greater than the coal fleets of the US or India, Global Energy Monitor, a group backing the phaseout of fossil fuels, wrote in a June report.

If China does succeed in deploying wind and solar at the rates estimated by Industrial Securities, all that extra coal power will be for nothing. Renewables already appear to enjoy priority over fossil fuels in China where grid access is available, thanks to their lower costs. Assuming that they run the same percentage of the time as current facilities, that scale of building should be sufficient to accommodate almost all electricity demand growth by 2025, even if consumption from the grid increases by 30% over last year’s levels.

That’s not enough on its own. China produces more greenhouse gases than the US and Europe put together. Like those regions, it needs to be decommissioning its coal-fired power fleet, not just holding current levels of generation constant — especially because renewables now deliver electricity that’s cheaper as well as less polluting.

Still, the prospect of a juggernaut of Chinese solid fuel destroying the world’s climate goals — a very real prospect, given some of the pro-coal noises that have emerged while the five-year plan has been under development — is looking more remote. China has been the world’s most important redoubt of lingering coal demand. As those defenses crumble, the prospect of keeping the world’s emissions within more manageable limits looks a little brighter.

BLOOMBERG OPINION

The telco predicament

The global pandemic has exposed the vulnerabilities of social, political, and economic institutions to the point that there is no other way but to evolve routine and traditional practice. During the time of COVID-19, our nation’s weaknesses were exposed, from our healthcare shortcomings, missing policy contingencies, the fragility of our domestic economy, and our lagging telco infrastructure capacity. From all challenges, internet speed and telecommunications quality are most felt by many of our people as their lives are now intertwined with the internet and technology.

Currently, however, the telco industry is in the center of public scrutiny due to the inconsistent speed and unreliable connection that has been the bottleneck of our nation. According to the Speedtest Global Index in 2020, the Philippines ranked 108th in broadband internet speed downloads (23.74 Mbps) and 114th in mobile internet speed downloads (16.17 Mbps). Comparatively, with our ASEAN neighbors, the Philippines ranked the fourth slowest in broadband internet speed and the slowest in mobile internet speed.

Another factor that must be included in this discussion is the data from Hootsuite and We are Social, whereby internet and social media use in the country has dramatically risen from 44.2 million or a 40% penetration rate from 2015 to 76 million or a 71% penetration rate today. The Philippines currently does not have enough cell sites in the country with only 17,850 serving for 76 million internet users resulting in 4,258 users per site. Comparing our cell sites against our ASEAN neighbors, Indonesia has 96,556 cell sites with 1,554 users per site, and Vietnam has 90,000 cell sites with only 711 users per site.

Years of slow cell site expansion due to bureaucratic delays and inconsistent local government policies has consequently affected telco services to users and subscribers. Additionally, the increasing demand has also contributed to this multifaceted issue as Filipinos have drastically increased internet use throughout the years. If anything, the digital transformation necessitated by the pandemic further punctuates the need for more digital infrastructure to meet Filipinos’ growing demands.

It is remarkable to see the government pour on the blame on telco companies without seeing it as a systemic problem that needs a multisectoral approach. Telco players should not be made scapegoats since the root cause of the problem can be traced to three basic interventions that do not involve the companies solely, but also the government and communities.

First, the administration must veer away from issuing threats against businesses, and instead, initiate ways in partnering and implementing solutions for nation-building. Blatant threats and displays of aggression will only set back the goal of being investment-friendly and attractive for future local and foreign investments. The last thing we need in the country is to create further division with the business community and strain investor relations that will inevitably affect long-term economic sustainability. It should be understood that the real dilemma is not the telco players but the lack of infrastructure needed to serve the increasing demand. Alternatively, the administration should work together with the telco actors to resolve lingering pain points that limit their drive towards large scale infrastructure development.

This initiative can be reinforced by implementing the second solution, and this is to remove the bureaucratic barriers that hamper and impede the construction of building cell towers. The situation necessitates the intervention of our lawmakers by looking into the current policies that keep the industry from improving its services for the people. By improving and streamlining our laws, we can unburden the industry of the inefficiencies that stunt its capacity.

Finally, the government must focus on winning back the public’s trust by showing non-partisan leadership and protecting the interests of the people. Growing doubts are apparent due to the threat posed by the China Telecom-backed DITO telco, headed by the President’s well-known supporters. In a webinar hosted by the Philippine Bar Association on Sept. 18, retired Senior Associate Justice Antonio Carpio cited critical concerns regarding the entrance of a state-owned company through its local affiliate Dito Telecom.

Carpio warned against pending legislation that would allow full foreign ownership in telecommunications. He said that the Constitution imposes a “separate and distinct constitutional requirement” for companies to be 60% Filipino-owned to “legally utilize a natural resource,” this includes radio frequencies used by telecommunications companies.

Full foreign ownership in the sector is especially concerning given DITO’s unique ties with China. Carpio noted that this would be problematic since China’s laws mandate Chinese companies to disclose sensitive information required by their intelligence services, also given that the state is allowing the firm to install telecom equipment within military camps. In such a situation, the Philippines is inevitably wedged in a precarious situation because it currently has various issues with China and could endanger national security if exploited. It is, therefore, necessary for the Duterte administration to set an example that its leadership prioritizes the Filipino people above all.

In conclusion, the solution to the current telco issue will depend on the government’s ability to harness various actors and effectively guide the discourse towards inclusivity of concerns, impartial implementation of policies, and reassurance on commitments to serve flag and country.

 

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

Copyright and remote learning in the time of COVID-19

On Aug. 15, President Rodrigo Duterte approved the recommendation of Department of Education Secretary Leonor Briones to defer the opening of classes from Aug. 24 to Oct. 5 in view of the COVID-19 pandemic. This postponement reflects the challenges faced by the government, educators, parents, and students in providing and accessing quality education during the current health emergency. Such challenges include the lack of access to technology and reliable internet connections, and the difficulties parents face in facilitating at-home learning through no fault of their own. Educational institutions that decided to open classes earlier have resorted to on-line learning, the provision of modular printed materials, or television and radio-based instruction.

The shift from face-to-face teaching to remote instruction has given rise to copyright concerns in view of the inaccessibility of textbooks as well as the need to make available learning materials containing copyrighted work through a medium accessible remotely.

The Intellectual Property Office of the Philippines defines copyright as “the legal protection extended to the owner of the rights in an original work.” Under Section 172 of the Intellectual Property Code of the Philippines (IP Code), these works are original intellectual creations protected from the moment of their creation. Pertinently, they include: books, articles, and other writings; lectures and addresses; musical compositions; illustrations and photographs; audiovisual and cinematographic works; and other literary, scholarly, scientific, and artistic works.

Under Section 177 of the IP Code, the owner of an original work’s copyright has the right to control the distribution, sale, or other public display or dissemination of the work. However, if the use of a copyrighted work is “fair,” as when a work is used for educational purposes, the use is not an infringement of copyright under the Code. This even includes creating multiple copies of a work for classroom use.

To determine whether use is fair, the following factors shall be considered: the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.

Prior to COVID-19, educational institutions required textbooks which may have been readily purchased, or at times borrowed, from school premises. Educators may have also played portions of a musical composition or an audiovisual work live in a physical classroom — in compliance with Philippine copyright law.

With the move from face-to-face learning to remote instruction, and in the absence of clear legal rules on the application of Philippine copyright law to the latter, some educators have opted to not require reading materials. Instead, they have resorted to creating their own content with minimal to no use of original copyrighted works. If any copyrighted material were to be included in these learning materials, educators may have to obtain permission from the copyright holders.

While educators may use open educational resources and works in the public domain or those with open licenses, resources of this nature may be very limited, especially for more specialized fields, or those specific to the Philippines, such as subjects on law, history, and language.

In the instances where schools and universities are able to obtain licenses for on-line educational resources, barriers to access them still exist, such as exorbitant prices, limited off-site access, and caps on how many users may access these databases at the same time.

Some local publishers now sell physical copies of their books on-line and offer to ship them to the students, with delivery areas even reaching more remote provinces previously not catered to. These efforts have not gone unnoticed, but the expensive price tags that come with these books remain the same.

Of course, a balance must be struck between ensuring accessible education during times of public emergency and protecting intellectual property. After all, intellectual property has its own noble goals, which include the flourishing of the arts and sciences and the safeguarding of income a creator is rightfully entitled to.

As it may take years for lawmakers to revisit the policies behind copyright legislation or for courts to rule on the issue of fair use in the particular context of on-line education, the various stakeholders may consider taking immediate steps to help address the challenges currently faced. Perhaps publishers can make textbooks available in digital form for ease of acquiring the same, or offer them at a lower price for a limited period. Publishers of on-line databases may loosen restrictions on off-campus access and allow for more simultaneous usage by members of an institution. Copyright owners themselves may explore options regarding the flexibility of their licenses, at least for the time being.

Affording quality education to students during a pandemic entails a joint effort from all parties involved. This includes parents, the government, schools and their faculty, publishers, and copyright owners. No learner must be left behind. As they say, it takes a village to raise a child. In the face of this unprecedented public health crisis, it will take the same to educate one.

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

 

Noelle Jenina Francesca E. Buan is a Senior Associate of the Intellectual Property Department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).

nebuan@accralaw.com

830-0000

1...7,6227,6237,624...12,819Page 7,623 of 12,819
© 2024 BusinessWorld Publishing.
All rights reserved.
Read our privacy guidelines
Facebook Instagram Linkedin Twitter Youtube