Home Blog Page 8499

PayMaya enters online shopping business

DIGITAL payments firm Paymaya Philippines, Inc. launched on Thursday its platform’s “digital mall” feature, where users can buy products from its partner merchants.

The new feature called Paymaya Mall is expected to “help foster the growth and recovery of local businesses,” Mark Jason Dee, head of PayMaya’s Growth Marketing and Partnerships, said in an e-mailed statement.

The digital payments company added that the innovation is also seen to “boost” e-commerce transactions in the country amid the ongoing pandemic crisis.

It noted that the coronavirus pandemic has drastically affected both consumers and retail merchants.

Among the merchants whose products are now available in PayMaya’s digital mall are Jollibee, McDonald’s, Goldilocks, Rustans, Park Outlet, Mercury Drug, Rose Pharmacy, Landers, AllHome, and Boozy.

“More brands are coming soon as PayMaya taps into its network of over 116,000 merchant touchpoints,” the company said.

PayMaya President Shailesh Baidwan said, “With this initiative, we are bringing our partner merchants closer to our more than 28 million customers nationwide.”

“Consumers, on the other hand, can get their regular shopping done from the convenience and safety of their own homes while enjoying exclusive perks and rewards — all through the PayMaya app,” he added.

PayMaya is a subsidiary of Voyager Innovations, Inc., the digital arm of PLDT, Inc.

Voyager’s portfolio, aside from the PayMaya e-wallet and app for consumers, includes PayMaya Enterprise for end-to-end merchant-acquiring solutions and Smart Padala, which has over 37,000 partner agent touchpoints nationwide.

Hastings Holdings, Inc., a unit of PLDT Beneficial Trust Fund subsidiary MediaQuest Holdings, Inc., has a majority stake in BusinessWorld through the Philippine Star Group, which it controls. — Arjay L. Balinbin

A thousand words

MOVIE REVIEW
Portrait of the Artist as Filipino
Directed by Lamberto Avellana

CONFESSION: when I saw Lamberto Avellana’s revered film adaptation of Nick Joaquin’s classic play Portrait of the Artist as Filipino some (mumble mumble) years ago, I wasn’t thrilled. It was an adaptation of a stage play that at first glance looked unapologetically stagy, complete with well-timed entrances and exits, and its actors spoke a Spanish-accented English I’d never heard in a Filipino film before. It was filmed in an understated style, and after the low angles and looming closeups and deep shadows of Gerry de Leon’s Noli Me Tangere and El Filibusterismo felt like a step backwards, a middlebrow work of art.

Viewing this restored version (financed partly by the Film Development Council of the Philippines (FDCP), partly by Mike De Leon, son of the film’s producer Manuel De Leon) and painstakingly rehabilitated by the L’Immagine Ritrovata was a revelation: the image is crisper, the mono sound clearer, the film’s very style effortlessly pellucid, and essential to expressing its theme.

Is much of the film confined to a single location, the longtime residence of the Marasigans? Yes, but it’s a magnificent residence (the 150-year-old Yatco-Yaptinchay house, found by the filmmakers in the town of Biñan, Laguna, now gone), one of those old-style mansions with massive stone foundations, richly dark narra staircase and doors, soaring ceilings, capiz windows, intricately carved furniture, glass chandeliers — if I had to be confined I wouldn’t mind being confined here. Avellana’s camera peers into rooms and hallways, allowing the wood furniture to speak for themselves, standing witnesses to a passing age. It’s Avellana’s response to Hitchcock’s challenge of telling a two-hour story in a confined space, less exhibitionist but drenched in nostalgia — Mike Velarde’s melancholic score setting the mood, the camera barely able to rouse itself from its dreamy lethargy. The lethargy however is a pose: the camera pans and glides and reframes its characters, draws in close to better hear crucial snatches of conversation, but does so unobtrusively, and you must pay attention to know it’s doing anything (the crisp, cleaned-up image helps). Avellana’s camera is a modern intruder to an old shrine — the family patriarch is said to have known the heroes of the Filipino revolution — but so modest a presence you’d think it belonged with the antique furnitures, or was equipment that existed before 1895.

As for the English — Filipino films have used Tagalog dialogue for so long so often it’s jarring to hear exceptions. Avellana’s own Huk sa Bagong Pamumuhay (Huk in a New Life) is narrated by the director himself in English; recently there have been films in Cebuano (Damgo ni Eleuteria [Dream of Eleuteria]) and Ilonggo (Yanggaw [Affliction]), a welcome development. But English for Portrait makes sense; this was 40 years into the American occupation, and Nick Joaquin along with a number of his contemporaries (Bienvenido Santos, F. Sionil Jose) started their careers in this period — writing and speaking in the language was encouraged, even fashionable. And it’s a beautifully melodic form of English, with pronunciation and cadences distinctly Castillan, decades away from the flatter, more Hollywood-influenced speech my generation grew up using.

Joaquin’s play revolves around the eponymously titled painting hung in the Marasigan home; it’s Don Lorenzo Marasigan’s last masterpiece: Retrato del Artista como Filipino, a huge canvas depicting a grim faced Aenas carrying an even grimmer Anchises on his back, away from the burning city of Troy — Don Lorenzo (Pianing Vidal) has bequeathed the work to his two unmarried daughters Candida (Daisy Avellana) and Paula (Naty Crame-Rogers) for them to keep or sell as they see fit. A boarder they have taken into their house, Tony Javier (the reptilian Conrad Parham), has found an American buyer willing to pay $2,000 (around $37,500 in 2020 dollars). Will Candida and Paula sell the painting — sell out in effect — or will they somehow earn enough money teaching Spanish and giving piano lessons to keep themselves afloat? Will they give in to pressure from their more successful siblings Pepang (Sarah Joaquin) and Manolo (Nick Agudo) to put Don Lorenzo in hospital care, sell the house, move out?

Pepang and Manolo represent the ever-practical, constantly disapproving middle class, who see their older sisters as hopelessly out-of-touch eccentrics; they reveal their true motives in a gem of a comic scene where they roam the house squabbling over which furniture will go to whom once the property is sold. Tony Javier and Bitoy (Vic Silayan) are the sleeker, even more predatory younger generation, who are not above using old friendships (Candida and Paula once babysat Bitoy) or even sexual appeal (Paula has a simmering crush on Tony) to get what they want from the spinsters.

Daisy Avellana’s Candida stands above them all. She’s Joaquin’s more demure Blanche DuBois, a faded lady trying to hold the tatters of her dignity together. When Senator Don Perico (Koko Trinidad) visits the pair and makes the gentle but insistent argument that they can better care for their father and themselves by selling the house, Candida responds with a grand appeal to Don Perico’s younger self, to the poet he used to be, composing alongside Don Lorenzo so many years ago. The chastened senator admits that Candida and her father (note the inclusion) stand “contra mundum” — against the world. She’s what Don Lorenzo in his prime must have been like, turning that crumbling mansion into an alternate world where time remains frozen while the rest of the world flows past. She recalls Philip K. Dick’s John Isidore, a social outcast sealed into a dusty apartment with piles of “kipple” (his word for useless junk) about him  — only Candida strikes a more defiant attitude, and celebrates the accumulating kipple.

Naty Crame-Rogers’ Paula acts as Candida’s foil, the more obedient more childlike sibling who takes all her cues from her (presumably) older sister — all the more reason to note her presence, as she quietly and with childlike simplicity breaks out of the sisters’ state of suspended animation and takes direct action.

At one point Senator Don Perico gazes at the old man’s picture and articulates its meaning: that Don Lorenzo can only save himself, there is no next generation to carry his burden for him — as sharply poignant a metaphor for the artist’s loneliness as anything in Philippine literature, and a sentiment Joaquin himself must have often felt. The moment seemed too on the nose at first glance, till I realized what Don Perico wasn’t saying: that the portrait was of Don Lorenzo and his younger self; that the children and wife (who isn’t even mentioned at any point in the play) are absent. That this is also a portrait of self-absorption — a necessary element, I suspect, as most great artists I know or have read about seem to need that bit of egotism to create (“I am special hence what I do is special”). That Don Lorenzo in bequeathing the self-portrait like an albatross on his two spinster daughters is in effect condemning them to a living death — a fate the two sisters ultimately affirm by joining him willingly. That Joaquin with this play reveals more than what he possibly intended about an artist’s thirst for martyred immortality, and how much that immortality costs.

Final note, about the film’s fairly literal style: most stagings of Portrait have the actors peering up at an empty frame, leaving Don Lorenzo’s painting to the audience’s imagination. Avellana gives us a huge canvas stretched across the wall, towering over its viewers. The work itself (conceived apparently by Maning P. de Leon) is impressive, looking somewhat in advance of what art was like in the 1940s (not in the world, not with Picasso around, but at least in the Philippines) — the film may be set before World War 2, but Don Lorenzo apparently has some insight into the future. The literalness grates — why show the painting? Why not continue using that angled shot where Avellana’s camera gazed down on awestruck viewers? The payoff I suspect comes in the film’s climax (skip the rest of this paragraph if you haven’t seen the film!) when childlike Paula does what she feels she must do, take a knife to the canvas. Her blade tearing at the old man’s precious masterwork has a satisfyingly transgressive sound and feel, like a virgin’s underwear being ripped apart — something you don’t get with an unseen painting.

Still perhaps not my favorite Avellana (that would be Badjao, and the pleasurable Pag-asa) but a great film, and for once I fully felt the greatness.

CA rules against ABS-CBN in employee dismissal case

THE Court of Appeals (CA) dismissed a petition from ABS-CBN Corp. to overturn a ruling by the National Labor Relations Commission (NLRC) which had ordered the network to pay compensation to two dismissed employees.

The NLRC in 2018 had ordered the network to pay two former employees, Ellen N. Lagat and Simonette C. Soriano, a total of P697,000 as compensation for their illegal dismissal in 2012.

In its petition, ABS-CBN alleged that the NLRC had committed “grave abuse of discretion” for issuing the order, as the company was still awaiting the decision of the Supreme Court (SC) on a motion for reconsideration.

The CA’s decision, issued on Feb. 4, called ABS-CBN’s claim “devoid of merit” because the SC had not issued a restraining order, which would have barred the NLRC from issuing its order.

The CA added that the principle of judicial courtesy that ABS-CBN’s petition referred to does not apply in this case because the CA and the SC have consistently upheld NLRC decisions on ABS-CBN labor cases.

It added that even if the SC later rules in favor of ABS-CBN, the company could still move for restitution or request a refund of the compensation payout.

The CA noted that NLRC’s February 2012 ruling of illegal dismissal against ABS-CBN became final and executory in April 2013 when NLRC denied ABS-CBN’s motion for reconsideration. — Bianca Angelica D. Añago

US Treasury chief eyes financial innovation to fight the misuse of cryptocurrencies, narrow digital gaps

WASHINGTON — US Treasury Secretary Janet Yellen on Wednesday warned about an “explosion of risk” from digital markets, including the misuse of cryptocurrencies, but said new financial technologies could also help fight crime and reduce inequality.

In remarks to a financial sector innovation roundtable, Ms. Yellen said such technologies could be used to stem the flow of dark money from organized crime and fight back against hackers, but also to reduce digital gaps in the US.

She said passage of the Anti-Money Laundering Act in December would allow the Treasury Department to rework a framework for combating illicit finance that has been largely unchanged since the 1970s.

“The update couldn’t have come at a better time,” Yellen told policy makers, regulators and private sector experts. “We’re living amidst an explosion of risk related to fraud, money laundering, terrorist financing, and data privacy.”

The COVID-19 pandemic had triggered more — and more sophisticated — cyberattacks aimed at hospitals, schools, banks, and the government itself, she said.

Cryptocurrencies and virtual assets offered promise, but they had also been used to launder the profits of online drug traffickers and to finance terrorism.

Innovation in the sector could help address these problems while giving millions of people access to the financial system, she said.

Yellen, who has promised to prioritize fighting inequality and disparities, said the pandemic had exposed huge problems, including the dearth of broadband access in many areas of the country.

She said responsible and equitable innovation could make a big difference.

“Innovation should not just be a shield to protect against bad actors. Innovation should also be a ladder to help more people climb to a higher quality of life,” she said. — Reuters

DAVI and NielsenIQ platform offers customized shopping

A TECHNOLOGY called the Advanced Analytics Platform (AAP) will soon allow Robinsons Rewards loyalty members to customize their shopping experience.

The platform will be using consumer insights to present the right products in the preferred price range and use appropriate marketing campaigns specific to each Robinsons loyalty member.

It is a project between Data Analytics Ventures, Inc. (DAVI), a JG Summit Holdings, Inc. subsidiary, and consumer research firm NielsenIQ.

Already tried and tested in clients in Thailand and Hong kong, the platform is said to be the first of its kind in the Philippines.

“The AAP provides deep insights into shopper behavior over time — all calculated over time. We are thrilled to be able to introduce the platform to the Philippines with DAVI, and to put shoppers at the heart of decision making to drive growth for Robinsons and brands alike,” NielsenIQ Consumer Intelligence in Asia Executive Director Alex Morgan said in a statement.

DAVI Chief Executive Officer Jojo Malolos emphasized the need to uncover the everchanging shopping behaviors of Filipinos using data analytics.

“Through loyalty data, we are able to understand the spending habits of our shoppers and connect the dots to identify new programs to enrich our customer’s lives. These insights can immediately be acted upon through personalized campaigns tailored for specific individuals,” the official said in a statement. “It will be able to provide customized and relevant offers to its shoppers.”

The platform will also provide merchants with an easy to use system, allowing them easy access to the insights and research prepared by DAVI.

Robinsons Retail Holdings, Inc. President and CEO Robina Y. Gokongwei-Pe said the platform would help “make stronger, relevant and more responsive marketing and merchandising recommendations.”

The system is designed to help retailers collaborate through sharing insights and coming up with market plans to better serve their shoppers.

“Through this collaboration, we will be able to enhance the development of products and services to meet the needs of Robinsons Rewards members,” Ms. Pe said. — Keren Concepcion G. Valmonte

Transpacific’s franchise clears final reading

THE House of Representatives approved on final reading a bill extending the franchise of Transpacific Broadband Group International, Inc. for another 25 years.

During a plenary session on Wednesday, the lawmakers approved House Bill 8551, which grants the renewal of Transpacific’s franchise.

If enacted into law, Transpacific will be allowed “to construct, install, establish, maintain and operate for commercial purposes and in the public interest, communications systems for the reception and transmissions of messages, such as but not limited to voice, audio, data, facsimile, video, and such other radio, write, satellite, and other means” for another 25 years.

Transpacific must secure a Certificate of Public Convenience and other required permits and licenses from the National Telecommunications Commission in relation to the operation of its telecommunication systems and facilities.

In terms of establishing or maintaining poles and other conductors, Transpacific will need to secure approval and permit from the Department of Public Works and Highways or the local government units.

The company should also offer its common stocks to at least 30% of Filipino citizens in any securities exchange or through any methods allowed by law.

Transpacific is a publicly listed company established in 1995 and is registered under the Clark Special Economic Zone. — Gillian M. Cortez

Larry Flynt, porn publisher and free speech activist, 78

HUSTLER magazine publisher Larry Flynt, Jr. — PHOTO BY GLENN FRANCIS OF PACIFICPRODIGITAL VIA WIKIPEDIA.ORG

LOS ANGELES — Hustler magazine publisher Larry Flynt, Jr., the self-described “smut peddler who cares,” who used his pornography empire and flair for the outrageous to push the limits of free speech, has died at the age of 78, The Washington Post reported on Wednesday.

The newspaper said Mr. Flynt’s brother Jimmy Flynt confirmed his death but did not cite a specific cause. Mr. Flynt suffered from a variety of health problems since a 1978 assassination attempt that left him a paraplegic.

Mr. Flynt loved to aggravate his critics with stunts such as wearing a diaper made from an American flag to court and was involved in a number of legal battles.

In the most famous, the US Supreme Court made an important First Amendment ruling in favor of Mr. Flynt in a libel battle with evangelist Jerry Falwell. Mr. Flynt had published a fake ad in Hustler which depicted Falwell saying his first sexual encounter had been with his mother in an outhouse. Falwell sued for $50 million and won a lower court ruling but in 1988 the Supreme Court said the ad was a parody and protected by free speech standards.

In his heyday, Mr. Flynt lived a life that could have made Caligula blush. He wrote in his autobiography that his first sexual experience was with a chicken and told of having sex every four or five hours during a workday. After he was paralyzed, Mr. Flynt had penile implant surgery so he could continue to have sex.

Mr. Flynt created a business with an estimated turnover of $150 million at one point. As magazine circulation slipped, he stayed ahead of trends by investing in adult-oriented television channels, a casino, film distribution and merchandise.

He said he never objected to being labeled a smut peddler as long as he was considered a First Amendment crusader, too. “Just because I publish pornography does not mean that I am not concerned about the social ills that all of us are,” he once told an interviewer.

Mr. Flynt was often in legal trouble, fighting obscenity charges or lawsuits, and he often turned courtroom appearances into spectacles. His obscene outbursts once prompted his own lawyer to ask a judge to have Mr. Flynt bound and gagged.

EXPLICIT PICS
Born in 1942, Mr. Flynt grew up in poverty in Kentucky and Indiana and dropped out of school after the eighth grade. After stints in the armed forces and a General Motors plant, he and his brother opened the Hustler Club in Dayton, Ohio, in 1968. By 1973 it had grown to a string of strip clubs across the state and Mr. Flynt put out a newsletter to promote them.

That newsletter evolved into Hustler magazine, his flagship publication, which came to be infamous for featuring explicit photos that made competitor Playboy seem mild. Virtually nothing was off limits on Hustler’s pages and Mr. Flynt made a point of publishing photos of women’s genitalia.

At its peak, Hustler reportedly had a circulation of 3 million. Larry Flynt Publications also put out other porn magazines, as well as movies and mainstream magazines.

Mr. Flynt reveled in controversy. He made news by publishing pictures of a nude Jacqueline Kennedy Onassis sunbathing in 1975 and a cover photo of a naked woman being fed head first into a meat grinder. In 1998 he offered $1 million to anyone who could catch high-ranking US government officials in a sex scandal.

“My competitors always masqueraded their pornography as art,” Mr. Flynt told the Cincinnati Post. “We never had any pretensions about what we did … We have proved that barnyard humor has a market appeal.”

In 1977 he was convicted in Cincinnati of pandering obscenity and participating in organized crime but the verdict was overturned.

In 1978 Mr. Flynt was on trial on similar charges in Lawrenceville, Georgia, when he and his attorney were shot. Joseph Paul Franklin, a white supremacist, later confessed to the shootings, saying he was upset by Hustler’s photographs of interracial sex, but was never prosecuted. Mr. Flynt was left paralyzed from the waist down by the shooting, restricted to a $17,000 gold-plated wheelchair for the rest of his life.

In October 2013, one month before Franklin was executed in Missouri for racially motivated murders not related to the Flynt shooting, Mr. Flynt wrote in the Hollywood Reporter that he did not believe in the death penalty and did not want Franklin put to death. He did want vengeance, however. “I would love an hour in a room with him and a pair of wire-cutters and pliers so I could inflict the same damage on him that he inflicted on me,” Mr. Flynt said.

His life was the basis of the 1996 movie The People vs. Larry Flynt which starred Woody Harrelson and was based in part on Flynt’s Supreme Court case.

Mr. Flynt was a Democrat whose magazines espoused liberal and libertarian views. He once ran for president against Ronald Reagan — promoting himself as “the smut peddler who cares” — and in 2003 campaigned for governor of California.

In 1977, he converted to evangelical Christianity at the urging of Ruth Carter Stapleton, sister of President Jimmy Carter, but renounced those beliefs the following year after the Georgia shooting.

Mr. Flynt’s 1996 autobiography was titled An Unseemly Man: My Life as a Pornographer, Pundit and Social Outcast.

He was married five times and had four surviving children. — Reuters

Manila Water in talks with gov’t on new contract, says DoJ chief

AYALA-LED Manila Water Co., Inc. is negotiating a new concession contract with the government ahead of a separate negotiation with Maynilad Water Services, Inc., the Justice secretary said on Thursday.

“[T]he water concession review panel is currently negotiating with Manila Water,” said Justice Secretary Menardo I. Guevarra in a mobile phone message to BusinessWorld.

When asked at which stage the negotiation has reached, he said, “much progress has been achieved.”

According to Mr. Guevarra, the negotiation is led by the Department of Finance. He also said that the negotiation with the other water concessionaire, Maynilad, will start once talks with Manila Water are done.

In November last year, President Rodrigo R. Duterte tasked the Department of Justice to discuss with Metro Manila’s two water providers the revision of their existing concession contracts, which he claimed to contain “onerous” provisions.

Mr. Duterte’s directive was a response to an international arbitration court’s ruling that the Philippine government must pay Maynilad P3.4 billion and Manila Water P7.4 billion for losses incurred when the Metropolitan Waterworks and Sewerage System rejected their request for an increase in water rates.

The concessionaires opted not to demand payment, and said they were open to review the terms of their separate contracts with the government. — Bianca Angelica D. Añago

EDC ties up with social enterprise for plastic waste collection

LOPEZ-LED Energy Development Corp. (EDC) has inked a deal with local social enterprise The Plastic Flamingo (PLAF) to collect plastic waste from the houses of the firm’s employees for recycling and upcycling, the company said on Thursday.

EDC signed the memorandum of agreement with PLAF in a virtual event that took place on Feb. 3. In a press release Thursday, EDC said that the partnership called “Plastic to Shelter” would help achieve its goal of becoming a zero-waste company.

Under the agreement, EDC would collect the plastic waste materials of its employees based in Manila and nearby areas once a month, and subsequently turn them over to PLAF, which would use the materials for recycling, upcycling and disposal.

“Part of PLAF’s program is segregating the collected plastics according to its classifications and then transforming them into Eco-Planks. The eco-planks are used in producing emergency shelter for populations hit by disaster,” EDC said in a statement.

EDC Corporate Support Functions Head and Assistant Vice President Regina Victoria J. Pascual said that the firm’s initiative in waste management was “nothing new” as it has been spearheading a number of programs in addressing the plastic waste situation, including information campaigns among its employees on how to properly dispose of waste, and encouraging employees to donate eco-bricks to its sister company First Balfour.

Eco-bricks, which are made of plastic bottles packed with used plastic materials, are known as reusable building blocks for construction.

“We knew that there’s always a way to do more, to have less waste, to have better environmental impact–which led to our desire to have zero waste in EDC. Our bigger hurdle came last year when we started working from home due to the COVID-19 (coronavirus disease 2019) pandemic and realized that all those food and grocery deliveries and items ordered online that came in layers of bubble wrap have resulted in accumulation of plastic waste in our employees’ respective houses,” Ms. Pascual said.

She added that EDC eventually found a partner in PLAF that could help manage its employees’ personal plastic waste while repurposing them into other products.

PLAF handles a pilot waste collection project in the country, with a collection network spanning Metro Manila and other areas.

According to a report released by the McKinsey Center for Business and Environment last year, the Philippines was identified as the world’s third-biggest polluter, generating 2.7 million metric tons of plastic wastes per year.

In December, House Deputy Speaker and Antique Rep. Loren B. Legarda said in a forum that plastic pollution in the country has aggravated flood levels in various parts of Luzon, following the onslaught of monsoons and typhoons that hit the country. — Angelica Y. Yang

What’s wrong with your Code of Conduct?

A non-lawyer human resource consultant we hired to do our job evaluation project has noticed a flaw in our employee Code of Conduct. He says that the offenses do not have a clear and precise definition. For example, he pointed out that “negligence” and “neglect of duty” must be clearly defined to avoid misunderstandings with our workers. I told him that the Code was drafted by our management lawyer, which I believe gives the Code some credibility. Who is correct? — Crown Jewel.

There’s no question about the importance of having lawyers by our side. Otherwise, there will be no one to explain why it’s important to have lawyers. Regrettably, very few people can understand their legalese. That’s why it’s equally important to have non-lawyers to challenge lawyers on their complex and long-winded writing style, which may not be fully understood by managers, much less by ordinary workers.

I’m surprised by the supposed shortcomings of your Code. If it was drafted by a lawyer, what was the reason for not including full definitions for every offense? Indeed, it could be a potential issue in the future. Besides, it’s easy for lawyers to cite the specific definition of each and every act and omission by citing the jurisprudence. For instance, a quick internet search will tell you that “simple negligence” is different from “gross negligence.”

The Supreme Court in the case of Republic v. Canastillo (G.R. No. 172729, June 8, 2007, 524 SCRA 546, 555) defines simple neglect of duty or simple negligence to mean “the failure of an employee or official to give proper attention to a task expected of him or her, signifying a disregard of a duty resulting from carelessness or indifference.”

In contrast, “gross negligence” or “gross neglect of duty” is defined in another case as “negligence characterized by the want of even slight care, or by acting or omitting to act in a situation where there is a duty to act, not inadvertently but wilfully and intentionally, with a conscious indifference to the consequences, insofar as other persons may be affected. It is the omission of that care that even inattentive and thoughtless men never fail to give to their own property.”

That’s according to Fernandez v. Office of the Ombudsman (G.R. No. 193983. March 14, 2012, 668 SCRA 351, 364).

Another definition given by the Court is found in the case of Philippine Retirement Authority v. Rupa (G.R. No. 140519, August 21, 2001, 363 SCRA 480, 487) which defines gross negligence or gross neglect of duty as denoting “a flagrant and culpable refusal or unwillingness of a person to perform a duty.”

So, which definition would you follow in defining negligence? Is it simple negligence or gross negligence? Just like your consultant, I’m also a non-lawyer HR consultant. In my 35-plus years in corporate HR work, I’ve seen management losing cases to employees for negligence committed by their lawyers.

BASIC ELEMENTS
More than having a clear and precise legal definition of offenses in your Code, I suggest that you take note of the following basic elements to make your policies an authoritative guide for everyone. Not only will these elements better prepare your management in disciplining workers, but it can help you pinpoint areas where you want them to be efficient and productive.

The following basic elements should be included in your Code of Conduct:

One, include the corporate vision, mission, and value statements. This is to put the Code in its correct perspective. For instance if teamwork is a value statement, then use it as a “section” or “chapter” to cover offenses on neglect of duty or negligence. Another example: If integrity is another corporate value, then strengthen it with the provisions against theft.

Two, review the Code for rigid and unreasonable penalties. You don’t terminate workers on a first offense over tardiness. The progression is typically an oral reprimand for the first offense, followed by a written reprimand for the second, and suspension without pay for the third offense. The fourth offense is when you initiate a process for possible dismissal.

Three, reconcile the Code with industry norms and standards. If you belong to the banking industry, ensure that the table of offenses and applicable penalties are within the reasonable best practices of at least three banks of similar size and business model. If you’re a rural bank, don’t copy the norms of the top three major banks, unless they are favorable to employees.

Four, ask a random group of workers to review the Code. That is necessary when just starting a business or if there are parts of the Code that need to be changed. If you’re starting a new business, the first thing that you should do is to create a draft of the Code for subsequent review by some key workers, including those with potential leadership skills. This step is imperative if you are to avoid any issues.

Last, explain substantive and procedural due process in the Code. You don’t have to reinvent the wheel. All you have to do is to cite specific provisions of the Labor Code, its implementing rules, and the latest jurisprudence. Then include an easy-to-understand flowchart and template on how management should handle all disciplinary cases. This way, it is easy for all line supervising executives to follow procedure, even without consulting the HR department.

PLAGIARISM CHECK
If you’re unsure how to proceed with issuing the Code, consult with your lawyer and another non-lawyer specialist to have a balanced view of the situation. That way, you can get the best of both worlds. It may be expensive to hire two consultants for the same project, but it is reasonable to do so if you want to avoid legal and non-legal complications.

In taking this approach, you need to run the draft through any free software program to detect plagiarism. Or if you can afford it, subscribe to a comprehensive, premium program. This is to avoid situations in which employees or outsiders may charge your management with copy-pasting their original work. Imagine how embarrassing it would be if you’re caught plagiarizing a section on honesty and integrity in your corporate vision, mission, and value statements.

With technology, it’s easy to plagiarize almost everything. If you’re tempted, then you’re doomed. If you fail to recognize this as a red flag, then be ready to face the consequences when someone sues.

 

Send anonymous questions to elbonomics@gmail.com or via https://reyelbo.consulting

Jay-Z, The Go-Gos among Rock & Roll Hall of Fame nominees

Rapper Jay-Z, 1980s pop group The Go-Gos and rock band Foo Fighters were among first-time nominees announced on Wednesday for possible induction into the Rock & Roll Hall of Fame. Others on the ballot for the first time include singer-songwriter Carole King and singer-actress Dionne Warwick, heavy metal group Iron Maiden, and the late Nigerian singer Fela Kuti. The 16 contenders also included previous nominees Tina Turner, Mary J. Blige, Devo, LL Cool J, and Todd Rundgren. Performers become eligible 25 years after their first commercial release. King was nominated for her work as a performer. She was previously inducted as a songwriter with Gerry Coffin. Turner’s nomination was for her solo work. She had been honored for duo Ike and Tina Turner. Inductees will be selected based on ballots sent by the Cleveland-based Rock & Roll Hall of Fame to more than 1,000 artists, historians and members of the music industry. The general public also can weigh in online or at the Rock Hall. The top five vote-getters will be submitted as a single fan ballot among the hundreds of other ballots. Those selected will be announced in May and inducted into the Hall of Fame at a ceremony in Cleveland in the fall. In previous years, between five and seven acts have typically won a place in the Hall. — Reuters

Bruce Springsteen faces drunk driving charge

NEW YORK — Rock music legend Bruce Springsteen was arrested nearly three months ago at a national park in New Jersey on charges that included reckless driving and driving while intoxicated, a park spokeswoman said on Wednesday. “The Boss,” whose career of more than 50 years has often highlighted his home state of New Jersey and its shore scene, received the citations on Nov. 14 at Sandy Hook, a strip of beach that extends into the Atlantic just south of New York City, the spokeswoman said. “Springsteen was cooperative throughout the process,” Daphne Yun, spokeswoman for the National Park Service’s Gateway National Recreation Area, said by e-mail. Mr. Springsteen was also cited for consuming alcohol in a closed area, she said. Four of Mr. Springsteen’s representatives, including two lawyers, did not immediately respond to a request for comment. The celebrity news website TMZ, which initially reported the incident earlier on Wednesday, said Mr. Springsteen has a court appearance scheduled “in the next few weeks.” Mr. Springsteen most recently came to the public eye on Sunday in a Super Bowl advertisement in which he spoke of reuniting a divided America in a two-minute video titled “The Middle” sponsored by Jeep. On Wednesday, Jeep said it had stopped running the ad featuring Mr. Springsteen until more was known about the incident. — Reuters

ADVERTISEMENT
ADVERTISEMENT