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Lewandowski steers Champions League holders Bayern Munich into Club World Cup final

AL RAYYAN, Qatar — Champions League holders Bayern Munich reached the Club World Cup final, where they will face Mexican side Tigres after two goals from Robert Lewandowski gave them a clinical 2-0 win over Al Ahly on Monday.

Bayern will meet Tigres on Thursday in a bid to win their second title in the competition after Egyptians Al Ahly, the African Champions League winners, take on Palmeiras of Brazil in the third-place playoff.

Bayern dominated and missed several chances either side of Lewandowski’s 17th-minute opener as the Pole drilled in a shot from eight metres after Serge Gnabry squared back a Kingsley Coman effort across the face of goal.

Lewandowski dinked a shot over the bar after a flowing move in the 37th minute and left back Alphonso Davies fired just wide in the 40th as Bayern kept pressing forward. Al Ahly came forward with a little more purpose in the second half as the pace dropped, but Bayern dominated possession comfortably and Lewandowski sealed the contest with another trademark finish in the 85th minute.

Substitute Leroy Sane won the ball on the right flank and swung in a superb cross for the prolific Lewandowski to nod home at the far post. — Reuters

Arians confident Bucs can bring back bulk of Super Bowl squad

TAMPA Bay Buccaneers head coach Bruce Arians said on Monday he is confident the core of his Super Bowl-winning team will remain intact for next season despite a number of key players who will be eligible for free agency.

The Buccaneers, who trounced the defending champion Kansas City Chiefs (31-9) in Sunday’s Super Bowl, will need to get creative in order to hang onto players with expiring contracts while also staying within the NFL’s spending limits per club. “I’m very confident,” Mr. Arians said during a video news conference when asked if the Bucs will be able to return next season with mostly the same team.

“These guys, they have a bond. There will be dollars involved, but I think this group is so, so close that sometimes dollars don’t matter,” he said.

“But we’re going to do everything we can to get the dollars right, too, because they earned it.”

While the bulk of the team’s roster, including quarterback Tom Brady, are already set to return, the Bucs have number of key contributors who are set to hit the open market.

Receiver Chris Godwin, running back Leonard Fournette and defensive starters Ndamukong Suh, Shaquil Barrett, and Lavonte David are among the players who will be free to sign with other teams.

“Hopefully, we can keep this band together and have an offseason where we actually know what the hell we’re doing,” said Mr. Arians. “The sky’s the limit for this group.”

The 68-year-old Arians, who became the oldest head coach to win a Super Bowl, felt his team formed a strong bond during a season played amid a pandemic, and that the relationships forged will go a long way toward many of the players returning.

“This thing started in August and it was all about sacrifice and commitment to each other,” said Mr. Arians.

“We had to beat the virus before we could beat another team, and I can’t say enough about our guys’ commitment to each other. This is one of the closest teams I’ve ever been on, and we couldn’t eat together, we couldn’t talk to each other,” Mr. Arians recalled.

“For them to care this much about each other and the bonding experience somehow happened, and I’m still trying to figure out how because under the pandemic, this was so, so hard of a year for a team to be close,” he said, “and this is one of the closest teams I’ve ever been on.” — Reuters

Razon to provide Tokyo-bound athletes, coaches with vaccines – POC

Coronavirus vaccines for national team members bound for the Tokyo Olympics will be covered by businessman Enrique Razon, the Philippine Olympic Committee said on Tuesday.

POC President Abraham Tolentino shared the news following his meeting with Mr. Razon, chairman of International Container Terminal Services Inc. and casino operator Bloomberry Resorts Corp.

“We would like to thank Mr. Enrique Razon for providing our Olympics-bound athletes with vaccines. Rest assured, our athletes would be protected from the virus as they escalate their training and preparation for Tokyo,” said Mr. Tolentino in a statement following his meeting with Mr. Razon.

The vaccines for national athletes and coaches are expected to come from the batch of mRNA-1273 vaccines developed by United States-based Moderna which Mr. Razon, along with other businessmen and organizations, is helping to bring into country.

To date, four Filipino athletes have qualified for the rescheduled Olympic Games, namely, pole-vaulter EJ Obiena, gymnast Caloy Yulo, and boxers Eumir Felix Marcial and Irish Magno.

Local sports officials, however, expect that number to grow further with more athletes trying to qualify in sports like boxing, karatedo, taekwondo, skateboarding, golf, weightlifting, mountain bike and BMX cycling in the coming months.

Mr. Tolentino said the boost that Mr. Razon will provide to the national team will go a long way in its push in the Olympics, where the Philippines hopes to win its first-ever gold medal after nearly a century of participating.

“I’m sure that the generosity of Mr. Razon, especially in these difficult times, would further spur our athletes to focus on the Olympics without fear of getting infected,” the POC president said.

“The time is now. I believe that we are in the best position to win that Olympic gold—not one, but more,” added Mr. Tolentino, also the president of the Integrated Cycling Federation of the Philippines.

Training of Team Philippines for the Olympics is ongoing despite the uncertainties clouding the staging of the sporting spectacle because of the pandemic.

Officials said the athletes remain committed to their push in the Games and do well.

‘We’re coming back’

Tom Brady was most certainly angling for a championship when he latched on to the Buccaneers last March. To argue that he was motivated to bounce back from a disappointing season would be an understatement. His numbers were down to a level where critics deemed him a veritable candidate for the rocking chair, and where the Patriots, who rode on his shoulders since they selected him with the 199 th pick in the 2000 draft but smarted from an immediate-past wild card loss, refused to give him the long-term deal he sought.

And so he wanted to prove a point, and emphatically.

To be sure, Brady could have gone to a handful of other destinations and been given at least as good a chance to compete for the hardware. The rigors of the National Football League are such that nothing is etched in stone, and the Buccaneers, while stacked with talent, carried the baggage of desperation borne of a prolonged absence from the playoffs dating back to 2007. All the same, there can be no denying that he chose with purpose. Not for nothing was he able to affix his Hancock on a two-year contract worth a whopping $50 million. And not for nothing did he bring such notables as Rob Gronkowski, Leonard Fournette, and Antonio Brown along with him. One was a year into retirement, the other a discard, and the third a walking public relations nightmare, and yet he still finagled roster spots for them.

Indeed, the Buccaneers all but handed Brady the keys to the kingdom. They were already trending upwards before his arrival, but they figured him to be more than merely an upgrade to the interception-prone Jameis Winston. They viewed him as a culture changer, a living legend from whom everybody else could generate confidence. They viewed him as a winner, period. And if they now underscore the reward and not delve on the risk of their fateful decision close to 11 months ago, it’s because they dared dream, and dream big. He was no sure thing, especially in the midst of a pandemic that eliminated his transition period and cut practice time to a minimum, but he was close — perhaps even closest — to one.

The gamble went both ways, of course. Already acknowledged as the greatest quarterback in the annals of the sport, Brady didn’t need to hurdle yet another obstacle at 42. He could have just enjoyed the fruits of two decades’ worth of labor. Instead, he deliberately staked his reputation because he felt he needed to show all and sundry — and even himself — that he was far from done. And while doubt crept into his latest campaign on occasion, there was simply no stopping him from regaining the respect and respectability he believed he shouldn’t have lost in the first place.

Today, Brady stands on top of pro football anew. He wasn’t at his finest in Super Bowl LV, but because the Buccaneers had his back, all he needed to be was, well, himself. And now he has seven rings on his fingers and a fifth Most Valuable Player award on his mantel. That he stands triumphant after going through a postseason climb against a Who’s Who of names under center serves only to highlight the gravity of his accomplishment. He’s looking at wins versus Drew Brees, Aaron Rodgers, and Patrick Mahomes with pride, and rightly so.

Back when Brady signed with the Buccaneers, he spoke of getting a new jersey number since his usual 12 was already being worn by Pro Bowl receiver Chris Godwin. General manager Jason Licht recalled him asking if 7 was available. Why? Because, said the surefire Hall of Famer, it stands for the number of titles he will have at the end of the season. And, true enough, it does. Although he still got to use 12, the anecdote speaks of his sense of purpose — one that will, no doubt, fuel his desire to mount the first successful title defense since he himself did it in 2005. As he noted emphatically the other day, “We’re coming back!” As far as he’s concerned, the stage is set, and the stage is his.

ANTHONY L. CUAYCONG has been writing Courtside since BusinessWorld introduced a Sports section in 1994. He is a consultant on strategic planning, operations and Human Resources management, corporate communications, and business development.

Myanmar police fire into air to disperse protests, four hurt

Police fired gunshots into the air and used water cannon and rubber bullets on Tuesday as protesters across Myanmar defied bans on big gatherings to oppose a military coup that halted a tentative transition to democracy.

Four people were hurt by rubber bullets in the capital Naypyitaw, and one of them, a woman, was in critical condition with a head wound, a doctor said.

The Feb. 1 coup and detention of elected civilian leader Aung San Suu Kyi has brought the largest demonstrations in more than a decade and a growing civil disobedience movement affecting hospitals, schools and government offices.

Witnesses said police fired guns into the air in Naypyitaw as a crowd refused to disperse on the fourth straight day of protests. One witness told Reuters demonstrators ran away as guns were fired into the air.

A doctor said four people, including the woman with a head wound, were brought to his hospital after being struck by rubber bullets.

Police had earlier fired water cannon at the protesters, who responded by throwing projectiles, the witness said.

Video from the town of Bago, northeast of the commercial hub of Yangon, showed police confronting a large crowd and blasting them with jets from water cannon.

Police arrested at least 27 demonstrators in the second-biggest city of Mandalay, including a journalist, domestic media organisations said.

The unrest has revived memories of almost half a century of direct army rule until the military began a process of withdrawing from civilian politics in 2011, though it never gave up its overall control over the Suu Kyi’s civilian government after it won a 2015 election.

That transformation was brought to a halt by the coup that ousted the government as it was preparing to begin its second term in office after Suu Kyi’s National League for Democracy (NLD) swept a November election.

“We are so disappointed and so sad whenever we think about why this has befallen us again,” Yangon resident Khin Min Soe said of the return of military rule.

Promises on Monday from junta leader General Min Aung Hlaing to eventually hold a new election in his first address since seizing power drew scorn. He repeated unproven accusations of fraud in the election which he used to justify the coup.

“We will continue to fight,” youth activist Maung Saungkha said in a statement, calling for the release of political prisoners and the end of “dictatorship”.

Activists are also seeking the abolition of a 2008 constitution drawn up under military supervision that gave the generals a veto in parliament and control of several ministries, and for a federal system in ethnically diverse Myanmar.

An older generation of activists who confronted the military in bloody 1988 protests called for strike action by government workers for another three weeks.

The civil disobedience movement, led by hospital workers, has resulted in a plunge in coronavirus tests, official testing figures showed.

Myanmar has suffered one of the worst coronavirus outbreaks in Southeast Asia with 31,177 deaths from more than 141,000 cases.

ELECTION PROMISE

A curfew from 8 p.m. to 4 a.m. has been imposed on Yangon and Mandalay.

State media signalled possible action against the protests on Monday when it said the public wanted rid of “wrongdoers” and while orders banning gatherings of more than four people have been imposed, there has been no elaboration from authorities. . 

In his first televised address as junta leader on Monday, Min Aung Hlaing said the junta would form a “true and disciplined democracy”, different to previous eras of military rule, which brought years of isolation and poverty.

“We will have a multiparty election and we will hand the power to the one who wins,” he said. The electoral commission had dismissed his accusations of fraud in last year’s ballot.

Min Aung Hlaing gave no time frame but the junta has said a state of emergency will last one year.

Western governments have widely condemned the coup, although there has been little concrete action to press the generals.

New Zealand has suspended all high-level political and military contact and will ensure aid does not benefit the military and impose a travel ban on its leaders.

A Singapore businessman plans to exit his investment in a Myanmar tobacco firm linked to the military, joining Japanese drinks giant Kirin Holdings which last week scrapped its Myanmar beer alliance.

The U.N. Security Council has called for the release of Suu Kyi and other detainees. The U.N. Human Rights Council will hold a special session on Friday to discuss the crisis at the behest of Britain and the European Union.

Suu Kyi won the Nobel Peace Prize in 1991 for campaigning for democracy and spent nearly 15 years under house arrest.

The 75-year-old faces charges of illegally importing six walkie-talkies and is being held in police detention until Feb. 15. Her lawyer said he has not been allowed to see her. The U.S. State Department said it tried to reach her but was denied.

Suu Kyi remains hugely popular at home despite damage to her international reputation over the plight of the Muslim Rohingya minority. — Reuters

China’s restaurants, hotels brace for gloomy Lunar New Year

BEIJING — China’s hotels and restaurants are bracing for a lackluster Lunar New Year holiday, as travel curbs and government advice to stay home and avoid big gatherings look set to deal a blow to domestic tourism this year.

The week-long holiday that begins on Friday traditionally kicks off one of China’s biggest spending sprees, surpassing 1 trillion yuan ($155 billion) in 2019, before the coronavirus disruptions, government figures show.

“Our business is barely half of what we usually see before the Lunar New Year,” said Lin Haiping, founder of Baheli, a beef hotpot chain with more than 100 outlets in 16 cities.

“We are in a dilemma as we don’t want to have too many customers,” he added, citing the advice against large gatherings as a reason for avoiding promotional offers to drum up business.

“I’m afraid of having too many people under the current policies.”

The tougher measures spawned by recent sporadic outbreaks threaten a hit to transport and tourism during the holiday that could shave as much as 150 billion yuan ($23 billion) from household spending, brokerage CITIC Securities has said.

Infections have recently fallen from a mid-January peak, when the daily number of locally transmitted COVID-19 cases hit their highest in more than 10 months.

Many people have canceled holiday flights or trips back to hometowns after local authorities tightened measures for arrivals, such as requiring virus testing.

Such cancellations, for example, have more than halved the cost of flights to duty-free beach destination Sanya on the southern island of Hainan, a mecca for purchases of luxury goods as the pandemic deters Chinese from overseas travel.

Capri Holdings, owner of luxury brands Jimmy Choo and Versace, told analysts it expected strong sales performance from outlets on Hainan, though “not quite as strong as we had all anticipated,” thanks to the likely slowdown in travel.

The transport ministry has estimated passenger trips will fall 40% from the 2019 figure during the 40-day spring travel season, when millions of migrant workers normally head from cities to homes in the countryside.

Mainland China reported more than 2,000 domestic virus infections in January, but recovery remains on track in the world’s second-largest economy, which grew 2.3% on the year in 2020.

That made it the only major economy to dodge a contraction last year, as many nations struggled to rein in the pandemic, which disrupted China’s holiday festivities that year, too.

Government warnings against large gatherings, such as weddings or annual company parties, also drove cancellations.

“We are open, but there is no difference with being closed,” said Shen Xiaolin, the manager of Qingxi Guesthouse in the eastern province of Zhejiang.

The 17-room boutique hotel has no holiday guests this year, a far cry from previous years, when it was booked out the entire week.

As many people opt to stay put in their place of work, some businesses are banking on in-city consumption for some reprieve, but they must still grapple with pressure to limit patrons.

Hotpot chain Haidilao is among the firms turning to technology to ease such headaches. 

It has launched an online streaming service offering video conferencing facilities for diners to feast simultaneously with family and friends in outlets in other cities.

The service is available in 52 restaurants across 41 cities in China, as well as five in Indonesia, Malaysia and Thailand.

“We deliberately chose some outlets in the third- and fourth-tier cities, where many young people…can’t go home this year,” said Zhou Zhaocheng, the firm’s chief strategy officer.

“We are trying to make people feel they are together, even though they are physically apart.” — Reuters

Redditors’ plan to use GameStop playbook for glove makers unravels

A bid by Malaysian amateur investors to pull off a short squeeze-fueled rally in glove makers is fizzling out, just like the one by their American peers in GameStop Corp.

Shares in Top Glove Corp., the sector’s bellwether and Malaysia’s most shorted stock, have given up almost all of the gains it made since some investors started Bursabets, a Reddit community idealized after r/wallstreetbets to defend Malaysian stocks. Top Glove topped the sell list for retail investors for the week ended Feb. 5, a report by CGS-CIMB Securities Sdn. showed. And short positions have started inching up again.

From its start on Jan. 28, the online forum was up in arms with a rallying call: support medical glove makers whose shares had come under pressure from short sellers following their meteoric gains in 2020. The forum now has almost 13,000 members.

Now those calls to buy and hold them are falling on deaf ears for three key reasons.

Slowing virus infections and global vaccine rollouts are instilling confidence that the pandemic’s end is in sight and therefore the extraordinary demand for gloves is set to ease.

The frenzy in American stocks popular with Reddit crowds has itself started to come crashing down. GameStop’s shares dropped 5.9% in New York trading, adding to last week’s 80% plunge, a drop that followed three weeks of dizzying gains.

Malaysia, like many other Asian markets, limits the amount of short selling that can happen on a stock. So technically there weren’t any gigantic short positions in glove makers to begin with.

Top Glove is about 1.3% away from its pre-Bursabets level as of 11:57 a.m. in Kuala Lumpur trading, while its rival Supermax Corp. fell below that level on Monday. Hartalega Holdings Bhd. is about 3.5% away from reaching that zone. These stocks had been one of the biggest beneficiaries of the global pandemic last year. — Bloomberg L.P.

UK coronavirus variant carries higher death risk

The coronavirus variant first identified in the United Kingdom (UK) is deadlier than earlier variants, a new study confirms. 

Researchers tracked roughly one million individuals tested for COVID-19 from November to January in community settings, including about 3,000 who ultimately died from it. 

After accounting for other factors that affect coronavirus disease 2019 (COVID-19) outcomes, patients with the new variant had a roughly 35% higher risk of death, they reported on Wednesday on medRxiv ahead of peer review. 

Among male patients ages 55-69, around 1-in-180 died after becoming infected with older versions of the virus. With the new variant “that’s gone up to around … 1-in-140,” said co-author Nicholas Davies of the London School of Tropical Medicine & Hygiene. 

The absolute risk of death remains low under age 54, his team said. 

For women ages 70-84, the risk of death within 28 days went from 2.9% with the original variant to 3.7% with the new UK variant, and for those age 85 and older it went from 12.8% to 16.4%. For males ages 70-84, the mortality rate rose from 4.7% to 6.1% and for older males from 17.1% to 21.7%. 

The researchers did not have data on people who were diagnosed in hospitals or on infected people who were never tested. Mr. Davies said his team is updating its analysis with more data, “and it looks like the increase in mortality may well be higher than 35%.” — Reuters

Two US carrier groups conduct exercises in South China Sea

Two US carrier groups conducted joint exercises in the South China Sea on Tuesday, days after a US warship sailed near Chinese-controlled islands in the disputed waters that have emerged as another flashpoint in strained Sino-US relations.

The Theodore Roosevelt Carrier Strike Group and the Nimitz Carrier Strike Group “conducted a multitude of exercises aimed at increasing interoperability between assets as well as command and control capabilities,” the US Navy said, marking the first dual carrier operations in the busy waterway since July 2020.

The exercise comes days after China condemned the sailing of the destroyer, the USS John S. McCain, near the Chinese-controlled Paracel Islands in what the United States calls a freedom of navigation operation — the first such mission by the US navy since President Joe Biden took office.

The United States has contested China’s extensive territorial claims in the region, accusing it of militarizing the South China Sea and trying to intimidate neighbors such as Malaysia, the Philippines and Vietnam, who have claims that overlap with China’s in the resource-rich area.

“We are committed to ensuring the lawful use of the sea that all nations enjoy under international law,” Rear Admiral Jim Kirk, commander of the Nimitz Carrier Strike Group, said in a statement.

China has been infuriated by repeated US sailings near the islands it occupies and controls in the South China Sea. China says it has irrefutable sovereignty and has accused the United States of deliberately stoking tension. — Reuters

The tip of the spear: The Chinese Coast Guard in the South China Sea

On Jan. 29, 2021, the Philippines filed a strongly worded diplomatic protest against China’s passage of a law authorizing the Chinese Coast Guard (CCG) to use force against foreign vessels in the contested waters of the South China Sea. The filing of this diplomatic protest was a reversal of Department of Foreign Affairs (DFA) Secretary Teodoro Locsin, Jr.’s earlier statement that the passage of the National People’s Congress of China’s CCG’s law was none of the Philippines’ business. Secretary Locsin explained that: “While enacting law is a sovereign prerogative, this one — given the area involved or for that matter the open South China Sea — is a verbal threat of war to any country that defies the law; which, if unchallenged, is submission to it.”

The DFA’s protest unleashed a chorus from the Philippine Senate denouncing the Chinese CCG law. Opposition Senator Risa Hontiveros rightly pointed out that “while China has the right to pass any laws it wants; these laws cannot be used in ways that violate the United Nations Convention on the Law of the Sea (UNCLOS) and international law.” Administration Senator Francis Tolentino joined the chorus denouncing the CCG law when he called it “scary and worrisome,” as he urged the China-friendly Duterte Administration to file a joint diplomatic protest with other South China Sea claimant states who would be adversely affected by the legislation.

Expectedly, the Chinese Embassy in Manila lashed out against the Philippines for what it called false accusations about the CCG Law. It accused some forces in the country for spreading fake news such as the CCG has been harassing Filipino fishermen, and the sensationalized account of the illegal intrusion of a Chinese scientific ship in Philippine waters. The embassy also claimed that the law has been misinterpreted and that it was a normal domestic legislative activity.

THE TIP OF THE SPEAR

The Chinese Embassy reasoned out that that the passage of the CCG law is a normal domestic legislative activity and that such a law is not unique to China, and it is a sovereign right by all states. The Chinese Embassy’s statement, however, is silent on the CCG’s current operations in the South and East China Seas.

China has been legitimizing its expansive maritime claims in East Asia through the use of domestic law, obstruction of other littoral states from exploiting their own resources in their exclusive economic zones, facilitating the operations of Chinese economic actors in exploiting marine resources, and the deployment of ships for long-range and long-term patrols in South China Sea. CCG vessels spent 70% of their operational time at sea patrolling disputed land features such as Scarborough, Second Thomas, and Luconia Shoals. These patrols are aimed at flaunting China’s naval clout over the Philippines and Malaysia and locking its claims to about 85% of the South China Sea.

The CCG is unlike most coast guards since it patrols Chinese-claimed territory while conducting peacetime operations in disputed maritime areas, thus, blurring the line separating the platforms and missions traditionally associated with law enforcement, and those associated with national defense. It has conducted ramming and harassment against civilian vessels of other states — and even firing shots — resulting in low-level violence but without significant escalation.

SHARPENING THE TIP

The Chinese Embassy’s statement is accurate when it mentioned that there is no change in China’s maritime policy, which is aimed at combining both off-shore and open sea defenses. The People’s Liberation Army Navy (PLAN) is tasked to safeguard China’s maritime rights and interests such as the security of the sea lines of communication essential for the import and export of commodities, and the exploitation of seabed oil and natural gas resources in the South and East China Seas. This requires the PLAN to be capable of addressing naval threats to China’s vital interests in seas areas outside its offshore waters.

China’s maritime civilian law enforcement agencies served as the first-response frontline units for maritime sovereignty disputes and contingencies. The Chinese government realized that using non-military/civilian vessels is more acceptable to international public opinion and avoids escalation of maritime disputes. In March 2013, the National People’s Congress (NPC) passed a legislation integrating four of five of China’s maritime law enforcement agencies into the new CCG. The PLAN has accepted the strategic logic of giving the CCG the lead role in maritime sovereignty disputes as it provided the latter with decommissioned ships, ammunition, and professional training and education. On Jan. 23, 2021, the NPC passed the law that allows the CCG to use all necessary means to stop or prevent threats from foreign vessels operating in waters claimed by China. This legislation, in turn, has sharpened the tip of the spear of China’s maritime expansion in the South and East China Seas.

DR. RENATO DE CASTRO is a Trustee and Convenor of the National Security and East Asian Affairs Program of the Stratbase ADR Institute.

The employee’s right to receive or refuse a vaccine

In a few weeks from now, Metro Manila and parts of the country will mark their first anniversary of being placed under some form of community quarantine. At least until the end of February, Metro Manila and seven other major cities or regions will remain under the General Community Quarantine regime, while other parts of the country will be under the more lenient Modified General Community Quarantine.

We can still vividly recall the deserted streets of the metropolis when the strictest Enhanced Community Quarantine was first imposed last year. Initially, only business establishments belonging to the essential industries were allowed to operate. Even then, not all employees were allowed to report for work due to safety reasons, not to mention the hardships which arose from the suspension of public transportation. To say that the country came to a halt during this period is a clear understatement.

Eventually, businesses and workers alike accepted the grim reality that everyone had to sacrifice and adjust until such time that the current health crisis is controlled or ended.

Thanks to the wonders of modern science, the development of vaccines against COVID-19 (coronavirus disease 2019) came at breakneck speed. Distribution of vaccines already started late last year, and the rollout has now reached more countries.

Hopefully, these vaccines will soon find their way to other parts of the world, including the Philippines. For this reason, businesses have become more optimistic in recent weeks, and everyone is eager to rebound from this health and economic nightmare. At this early on, though, it is interesting to note that one important question is already being raised by both employers and employees alike. Can employees refuse to receive the COVID-19 vaccine?

On one hand, while employees are eager to return to their normal work routine, it cannot be overlooked that some have their own reason/s for refusing to receive the jab. Clearly, this is a matter of personal choice, and our Constitution and laws guarantee an individual’s right to freedom especially on matters relating to one’s health. The State has the mandate to regulate the relations between workers and employers in affording full protection to labor. Also, there is no law or government issuance as of now which mandates the COVID-19 vaccination of employees in the workplace. The employer is merely required to provide for employee testing when needed and to maintain a safe work environment.

On the other hand, employers have the management prerogative to impose any rules and regulations for the conduct of business operations, which includes ensuring a safe and healthy workplace and the integrity of products that they will offer to the public. Towards this end, the Labor Code grants employers the right to dismiss employees who willfully disobey lawful and reasonable orders relating to the performance of their work. The Department of Trade and Industry and Department of Labor and Employment Interim Guidelines on Workplace Prevention and Control on COVID-19 also mandates employees to comply with all workplace measures for the prevention of COVID-19, albeit this seems to contemplate only frequent handwashing, wearing of masks, and physical distancing. From a business perspective, establishments which can disclose that all their employees have been vaccinated against COVID-19 will surely be at an advantage in terms of offering their products and services, not to mention being saved from the attendant expenses and difficulties arising from cases of employee illnesses.

At present, there is valid reason to argue that an employer cannot require current employees to be vaccinated unless a law or government regulation is passed to require COVID-19 vaccination among employees. Consequently, an employer cannot penalize, much less dismiss, employees who opt not to receive the vaccine. The law is clear that employees can only be dismissed if any of the just or authorized causes provided by the Labor Code are present. And arguably, even the just cause pertaining to “willful disobedience of the lawful orders of the employer” mentioned above may not be applicable in this case. An exception may be argued only if the requirement for vaccination directly relates to the performance of the employee’s work and the functions of the employee place him at a conceivable risk of transmitting or contracting the disease.

For example, the Department of Labor and Employment had issued Department Advisory No. 05-10 which requires Hepatitis B vaccinations for those occupations with a conceivable risk of transmission in the workplace, such as healthcare workers.

At this still precarious time for everyone, the delicate balance between management and labor again comes to the fore. With the welcome development of vaccines being rolled out and administered to Filipinos also comes the apparent need for the State to balance its mandate of promoting the right to health of the people, and concomitantly protecting the national economy, versus the fundamental personal freedom of individuals. n This article is for informational and educational purposes only. It is not offered and does not constitute legal advice or legal opinion.

CLARENCE DARROW C. VALDECANTOS is a Partner and the Head of the Labor and Employment Department (LED) of the Angara Abello Concepcion Regala & Cruz Law Offices or ACCRALAW. (632) 8830-8000 ccvaldecantos@accralaw

The Divine Plan

“I prefer to be a dreamer among the humblest, with visions to be realized, than lord among those without dreams and desires.” — Khalil Gibran, poet and philosopher

We have entered a new year of beginnings. It is somehow a continuation of the past year but there is a difference. We are more aware that what is gone will not return. Our loved ones have moved to another spiritual dimension. We can only keep the memories alive. The life that we once knew is forever changed.

The liminality and virtual threshold are risky and full of uncertainty. After 11 months, we learn that surviving the crisis really depends on our own attitude and ability to accept, adjust, and follow certain strict rules and protocols.

Do we hold our breath and wait for a divine sign? Do we take a leap of faith? Do we jump into the void? Will this lingering pandemic claim more of our loved ones? There has been much collective suffering and grief. Sadness prevails.

We are all struggling to survive the multiple disasters on different levels. Will this chaotic whirlpool ever slow down? It seems that there is not enough time in this lifetime to do all the things one wants or needs to do. A cynic said, “It was never the right time.” When is the right time? Does fate or kismet determine all events? Are we not masters of our own fate? Only to a certain extent. It becomes clear.

Procrastination is passivity. It postpones and it justifies delays. In many ways, one postpones living life.

“There will be lots of time.” Or so we used to think. This idea has been shattered by successive devastating personal losses in some families within months. The optimist sees the hourglass as half full with sand seeping through ever so slowly. The pessimist sees the glass as half empty with sand rapidly trickling down.

When one is hopeful, one waits for the rainbow, the promise. The optimist looks for the silver lining, the radiance of the sun after a downpour. Where have all the years gone?

So many events have happened in a spectrum from white (the presence of all colors) to black (the absence of color).

It has been one long, dizzy roller coaster of sudden sharp curves, exhilarating climbs and thrilling dips and swirling colors.

Mostly, there were long, low plunges into dark gray and nuances of black. And yet, there were some moments when streaks of blue and silver lit up the dark ridges and crazy curves.

There is beauty even in darkness. The specks of light illumine even the blackest night.

There have been beautiful dawns and inspiring sunrises, spectacular sunsets with glowing rays of gold, copper and bronze. The moonrise, luminous against the velvet sky was a lantern guiding the way. The alignment of two planets that seemingly merged and appeared as a brilliant star — to guide one’s journey.

In distant places of the temperate zone, heavy fog would dissipate into fine mist that was so cool and refreshing. Dewdrops hung like crystals on the leaves of trees. A mountain lake would shine like a polished silver mirror reflecting the moods of the heavens.

Fragrant magnolia flowers would bloom overnight on the trees in gardens and street corners. Little wild flowers would sprout amidst the pines and evergreens in the mountains and fields. Even in winter, tiny buds would defy the frost and break through. Lavender and poppies, sunflowers, tulips marked the passing seasons.

Nature mesmerizes and invigorates the wandering pilgrim, the lonely nomad or the hermit in a shelter. Woven together, the threads of life have become a unique tapestry of textures, colors, flavors and scents. Viewed from a distance, with the passage of time, one can discern a faint white light that emanates from above. There have been a few miracles when the hopeless have started to show glimmers of grace and healing. These signs have made the months and years of prayers and sacrifices worth it. We stand at the brink of the future — on a dizzying precipice. The chasm below is dark and unfathomable. Above, the blue sky has drifting clouds. The sun is peeking tentatively. The moon is waning.

One looks back to grasp a new reality.

The simple and basic things really matter.

Love life, one day at a time.

How does one survive these painful, challenging times?

By flowing with the tide. By allowing nature to take its course.

By accepting that things always happen for a reason. We may not understand what is happening. We should learn trust, acceptance and have hope.

By letting go.

By facing and resolving difficult issues.

By forgiveness.

Healing follows. The mystery of the Divine plan unfolds.

One draws courage from deep within the soul — to stride into the future.

MARIA VICTORIA RUFINO is an artist, writer and businesswoman. She is president and executive producer of Maverick Productions. mavrufino@gmail.com