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Filipinos set to return from virus-stricken ship

THE Department of Foreign Affairs (DFA) on Tuesday repatriated more than 400 Filipinos from a coronavirus-stricken cruise ship in Yokohama.

The first of the two planes that will fetch the Filipinos left Manila at 10:30 a.m. and was expected to arrive at Haneda airport in Tokyo at past 4 p.m., according to DFA. The plane was expected to return to Clark International Airport in Pampanga province by 8:30 p.m., it said.

The second flight took off from Manila at 12:20 p.m. and was expected to come home with the Filipino passengers at Clark by past 10 p.m.

The repatriates will stay at the Athlete’s Village in New Clark City.

In Japan, officials of the DFA, Department of Health (DoH) and Philippine Embassy in Tokyo were preparing for the disembarkation of the Filipino passengers.

“This morning, the DFA carries out the directive of Foreign Affairs Secretary Teodoro L. Locsin, Jr. to bring our people in the Diamond Princess cruise ship back home,” it said in a social media post yesterday.

“DFA, never leave our people helpless, unattended and alone,” Mr. Locsin said in a separate social media post.

“We are never without friends when we are in trouble and none so dependable, good and caring as Japan,” he added.

The cruise ship, which had about 3,000 passengers on board, more than 500 of whom were Filipinos, went under a 14-day mandatory quarantine until Feb. 19.

The patients were admitted to medical facilities in and around the Tokyo metropolitan area, he said.

DoH on Monday said Filipinos from the cruise ship would be strictly monitored.

Under the repatriation plan, only those who have tested negative for COVID-19 would be allowed to return.

The agency said it would work hard to ensure the safety and welfare of the quarantined patients, as well as civilians near them.

Out of 538 Filipinos aboard the M/V Diamond Princess cruise ship, 59 had tested positive and were confined in various hospitals in Japan. More than 400 were not showing symptoms and would be repatriated, the agency said.

They will be checked for symptoms of respiratory illness before they are allowed to disembark the ship, take the bus to the airport and board a plane to the Philippines.

While on board the plane, passengers will be regularly monitored and those who will show symptoms of respiratory illness will be separated in an area of the plane.

Upon arrival at the Clark International Airport, another screening will be conducted. Those who will show signs or symptoms of respiratory illness will be brought to a hospital while, while the rest will be taken to the quarantine facility at New Clark City, in Capas, Tarlac for a 14-day quarantine.

Twenty medical teams from DoH hospitals will supervise the 14-day quarantine procedure. Patients will be checked twice a day, it said. — Charmaine A. Tadalan

Court junks graft suit vs former DA official

THE country’s anti-graft court has rejected for insufficient evidence corruption charges against a former official of the Department of Agriculture (DA) over the alleged misuse of P1.76 million worth of fertilizer funds.

In a decision promulgated on Feb. 14 but released only yesterday, the Sandiganbayan dismissed the lawsuit against Ricardo D. Oblena, a former regional executive director of the agency.

“The prosecution failed to show that there is sufficient evidence to prove that there was undue injury or actual damage suffered by the government for which the accused may be held personally liable,” the court said.

It noted that local government units had ultimately benefited from the funds.

The case stemmed from the Agriculture department’s 2003 fertilizer fund scam worth P728 million, which was allegedly diverted to the election kitty of former President Gloria Macapagal Arroyo.

The court said Mr. Oblena had not acted “with manifest partiality, evident bad faith or gross inexcusable negligence” when he entered into 13 deals with local officials and signed 32 vouchers for the release of the fertilizer funds to local governments.

The accused had authorized the transfer of the funds to local government units based on an order by no less than former Agriculture Undersecretary Jocelyn I. Bolante, it said.

The court further noted that the Commission on Audit had neither suspended nor disallowed the transfer of the funds to beneficiaries.

The Sandiganbayan canceled and released the bail bond posted by Mr. Oblena, subject to the usual accounting and auditing procedures.

It also recalled the hold order that prevented the accused from leaving the country. — Genshen L. Espedido

Tribunal asked to rule on imprisonment of former Maoist leader

THE son of a former communist leader has asked the Supreme Court to order the release of his father, whom the government had detained for murder.

In a 21-page petition, Jody S. Salas accused the state of violating the rights to due process of his father Rodolfo, whom he said had been barred from participating in the case’s preliminary probe.

“The state swept all of these safeguards away when it hastily, maliciously, and oppressively filed the information for 15 counts of murder without affording Rodolfo the opportunity to participate and be heard in the preliminary investigation,” according to a copy of his habeas corpus suit.

“At no point in the proceeding did Rodolfo receive any subpoena from the public prosecutor requiring him to answer,” he said. The accused only found out from the news that he had been indicted in Leyte.

Mr. Salas was arrested on Feb. 18 over murder charges filed in 2007. He was accused of being part of a communist effort to cleanse the ranks of local and regional committees of the Communist Party of the Philippines of its suspected enemies.

He was being detained at the Manila City Jail and had been denied bail based on an arrest warrant issued by a Manila trial court.

The son also said a 1991 plea bargain protects Mr. Salas from being prosecuted for common crimes to promote the communist rebellion. The deal became the basis of his conviction that year.

His arrest now also violated his right against double jeopardy, which bars a person from being charged twice for the same offense, he said.

The plaintiff asked the tribunal to stop his father’s arraignment and pre-trial scheduled for Feb. 28.

Habeas corpus is a legal remedy through which a person can report an unlawful detention to a tribunal, which will then order the prison official to bring the prisoner to court to determine the validity of his detention. — Vann Marlo M. Villegas

La Union aims to be northern Luzon’s agri-tourism capital

LA UNION — known for its town, San Juan, that is considered as the surfing capital of the north and home of San Fernando City, the regional center of Ilocos Region — is positioning to become the agri-tourism center of northern Luzon. “We eye transformation… for our La Union to become the heart of agri-tourism in northern Luzon by 2025,” Governor Francisco Emmanuel R. Ortega III said in a video message for the province’s 170th founding anniversary celebration posted on the local government’s social media page. One of the highlights of the fiesta is the ongoing Agri-Tourism Village at the capitol complex. The 19 towns and the capital San Fernando City have their respective booths showcasing their main products such as kornick (crunchy corn snack), soft broom, handicraft, and goods made from Abel Iloco (traditional woven cloth). The trade fair is open from 5-10 p.m. until March 2. La Union’s top agricultural crops are rice, corn, coconut, mango, and banana, based on Philippine Statistics Authority data.

Antique bans new coal-fired power plants

CONSTRUCTION OF new coal-fired power plants in Antique is now banned following an ordinance passed on Feb. 21 by the provincial board.

Board Member Karmila Rose A. Dimamay, proponent of the ordinance, told the media the policy is in line with the province’s direction towards promoting environment-friendly and sustainable projects.

“Burning coal releases mercury, lead, sulfur dioxide, nitrogen oxides, particulates, and various other heavy metals that can cause asthma and other breathing difficulties, brain damage, heart problems, cancer, neurological disorders, and while there are some protections afforded by law, these are vulnerable to future revisions beyond the control of the province and implementation and strict monitoring have been difficult and weak,” she said.

Antique, a mainly agricultural province, hosts the biggest coal mine in the country along with a coal plant in Semirara Island, which are operated by Semirara Mining and Power Corp.

“As an agricultural province with most of the population being farmers and fisherfolk, Antique can ill afford to bear the destructive effects of coal power on agriculture and fisheries, such as thermal pollution, coal ash resuspension and spillage to water bodies,” part of the ordinance reads.

The local law also provides for the creation of a monitoring team composed of representatives from the province’s environment, health, and legal offices, among others.

The team will be tasked to coordinate with barangay and municipal officials to ensure that no endorsement is issued to any individual entity or corporation that applies for an Environmental Compliance Certificate (ECC).

It will also be responsible for monitoring and alerting the provincial board on negotiations, applications or amendments to any coal operating contract entered into with the Department of Energy covering any part of the province.

The new policy received support from Deputy Speaker Rep. Loren B. Legarda, representative of the lone district of Antique.

“Proliferation of new coal-fired power plants will only contribute to our own destruction and will only go against our commitment to reduce emissions to ensure livable communities today and for the future. Our goal to reduce carbon emissions will be impossible if we will continue to allow the construction and operation of additional coal-fired power plants. Thus, this crucial action of our local government is a vital step towards climate resilience,” she said in a statement. — Emme Rose S. Santiagudo

Davao meat vendors, processors seek help amid sales drop due to ASF cases

PORK vendors and meat processors in Davao City are feeling the impact of the African Swine Fever (ASF) outbreak as sales have dropped by up to 50% since the confirmed cases were reported early this month.

Vendors and processors, particularly those with shops in the city’s public markets, have appealed to the Department of Agriculture-Davao (DA-11) regional office as well as financial institutions to help them cope with the situation.

As of now mahina talaga ang aming sales at walang tao ang meat section ng market dahil walang bumibili… Ang laki na talaga ng lugi namin (sales is really weak, there are no people at the meat section because there are no buyers… Our loss has really been significant,” Eden Guira, a fastfood chain meat supplier and retailer, said during Monday’s Kapehan sa Dabaw forum.

She said the decrease in overall sales is about 50% even as some retailers have been offering discounts.

“I don’t know where some of the vendors have been getting their resources,” she said in Filipino.

Ms. Guira said they are hoping that assistance can be extended to them as well as their workers.

The DA’s ASF assistance program covers compensation for hog farmers affected by the virus.

Ms. Guira added that the lockdown imposed by other local governments have affected their local export volume.

Teodora Guira, also a processor, said their clients in Malungon, General Santos City, Mati City, Surigao, and Butuan received a memorandum from their respective local governments directing them to refrain them from selling chorizo, embutido, tocino, and lumpiang shanghai from Davao City.

She said the memorandum is a blanket order that affects even processors like her who source meat from areas in the city that are not ASF-infected.

The group is hoping that DA-11 and the City Veterinarian’s Office will soon declare Davao City as ASF-free.

The first ASF outbreak in Mindanao was confirmed in late January in Don Marcelino, Davao Occidental. Other cases were later reported in parts of Davao del Sur and Davao City. — Maya M. Padillo

Mindanao and NCR young leaders speak out: Let’s end discrimination

SEVERAL YOUTH groups in Mindanao and the National Capital Region (NCR) involved in peace-building and development programs said the recent police order to profile Muslim youth in the nation’s capital is not just “an act of identity and religious discrimination” but also “deepens the prejudice and oppression” against followers of Islam. “It retrogresses the gains achieved by different groups in advancing diversity and equality in academic institutions, workplaces, and the wider society,” the groups said in a statement released Tuesday by non-government organization International Alert Philippines. They cited that “there have been at least 14 anti-discrimination ordinances passed by local governments over the years” while a joint memorandum was signed last year requiring local governments of NCR to establish Muslim Consultative Councils in their areas. “We’ve had enough of the uninformed bias that Muslims are more likely to join violent extremist groups. This is simplistic thinking and dismisses the multiplicity of the causes of violence in our communities such as land and resource-based conflict, the shadow economies of illegal drugs and guns, and the many tensions brought about by transitions, such as in the case of post-war Marawi,” they said. The NCR police has since revoked the memorandum following denunciation from various sectors, including the government of the Bangsamoro Autonomous Region in Muslim Mindanao. “While we applaud the recent memorandum by the PNP (Philippine National Police)-NCR ordering the revocation of this directive, we call on the PNP to ensure equal rights for all and strengthen interventions and programs that are holistic and promote community cohesion rather than division,” the groups said. “(W)e call on everyone to take part in ending all forms of discrimination. We might think injustice, conflict, and suffering across our communities are beyond our control but, this doesn’t have to be.” The groups, which comprise International Alert Philippines’s network of youth leaders in Mindanao and Metro Manila, are: Youth Political Leadership Training Alumni, Movement of Young Peacebuilders in Mindanao, Iranun Corridor Youth Network, Project Tripod, CommUNITY VOICE, and Mindanao Young Leaders Programme Batch Sinag 2019.

Nationwide round-up

PHL seeks ‘enhanced support’ from ADB for infra program

President Rodrigo R. Duterte and his Cabinet secretaries (right panel) meet with Asian Development Bank executives led by their new president, Masatsugu Asakawa, during a courtesy visit on February 24. — @SECSONNYSAYS

PRESIDENT RODRIGO R. Duterte has sought closer partnership with Asian Development Bank (ADB) after the multilateral lender’s new president, Masatsugu Asakawa, paid a courtesy call on Monday.

“I would like to express my appreciation to ADB for its unremitting assistance to the Philippines,” Mr. Duterte told Mr. Asakawa, “We look forward to ADB’s enhanced support to our ‘Build, Build, Build’ Program.”

Mr. Asakawa assured support to the country’s poverty reduction efforts and infrastructure development push.

“ADB is committed to supporting the government’s effort to reduce poverty and create high quality jobs for Filipinos by building a competitive economy and caring society,” he said in a statement on Tuesday.

Further, Mr. Duterte also asked for ADB’s assistance to “improve the capacity of the government to undertake public-private partnership (PPP) projects with increased private sector participation.”

On the same day, Mr. Asakawa also met with Finance Secretary and ADB Governor Carlos G. Dominguez III, where the former reiterated ADB’s support to the country’s infrastructure program as well as the development efforts in the Bangsamoro Autonomous Region in Muslim Mindanao, among others.

ADB said it plans to increase its lending portfolio for the country over the medium term, with this year’s loan plan expected to reach at a record level of $3.3 billion.

The proposed funding for this year will cover priority projects such as the South Commuter Railway, EDSA Greenways Pedestrian Walkways, and the Angat Water Transmission Aqueduct 7, as well as various projects meant to boost social protection, sustainable tourism and capital market development.

ADB extended a total of $2.5 billion to the Philippines in 2019, its highest lending to the country so far, up from $1.4 billion in 2018.

The $2.75 billion Malolos–Clark Railway Project that ADB partly funded last year was its largest financed project in the Asia and the Pacific region so far. The project’s construction is seen to start mid-year.

The Manila-based multilateral lender has scaled up its proposed lending program for the country at $9.1 billion from this year to 2022, targeting to invest at least $2.5 to $3 billion annually.

In 2011-2018, ADB extended a total fund of $6.4 billion, or $800 million annually. — Beatrice M. Laforga

DoLE warns against Canada job scams

THE DEPARTMENT of Labor and Employment (DoLE) on Tuesday warned the public against scams on supposed job opportunities in Canada after it found an anomalous scheme requiring applicants to pay over P20,000.

In a statement, DoLE said the Philippine Overseas Labor Office (POLO) reported that there are Filipinos who already made payments for work in Yukon, Canada although the agreement between the Philippines and the Yukon government has yet to be signed.

“We are warning the public to be very cautious of this scam that seemingly capitalizes on the still-to-be finalized labor agreement between the Philippines and Yukon,” Labor Secretary Silvestre H. Bello III said.

The report said that the scammer used the name of a Yukon-based human resource practitioner’s Web site to trick Filipinos.

DoLE earlier announced that it signed a Joint Communique in August with Yukon Minister Ranj Pillai, signalling the start of discussions for a labor agreement.

The proposed memorandum will establish a system in recruiting Filipinos to the Canadian territory.

“Based on the report by our POLO Vancouver, the Yukon government is still studying the memorandum of understanding, and DoLE will provide an update on this undertaking,” Mr. Bello said. — Gillian M. Cortez

New PSG head says ready to take on ‘a lot of challenges ahead’

NEWLY-APPOINTED Presidential Security Group (PSG) Commander Jesus P. Durante III vowed to uphold their duty as he anticipates challenges in the remaining over two years of President Rodrigo R. Duterte’s term.

“The PSG is in for a lot of challenges ahead as we face the remaining 856 days or 28.142 months of President Duterte’s term in office. These are peculiar times, marked by issues and tough presidential pronouncements,” Mr. Durante said during the PSG change of command ceremony Tuesday evening

Mr. Durante previously served as the commanding officer of the Philippine Army’s 2nd Scout Ranger Battalion of the 1st Scout Ranger Regiment. He succeeds Jose Eriel M. Niembra, who held the post from May 2018. — Gillian M. Cortez

Nation at a Glance — (02/26/20)

News stories from across the nation. Visit www.bworldonline.com (section: The Nation) to read more national and regional news from the Philippines.

Nation at a Glance — (02/26/20)

THE CCP@50: Imelda R. Marcos is still in the building

If the Cultural Center of the Philippines (CCP) had a middle name, it would be controversy. First, it took three years and more than thrice its original P15 million budget to build. Its long messy gestation was the occasion for what former Senator Juan Ponce Enrile, who was there, politely called the late Benigno “Ninoy” Aquino’s most “polemical” senate privilege speech: “A Pantheon for Imelda” (Feb. 10, 1969). Senator Aquino excoriated the First Lady Imelda Marcos’ pet project as “a monument to shame… a gross misuse of scarce resources… the height of callousness (which) bordered on the criminal, when the needs of the country’s poor could not even be met.” He denounced Imelda as “a megalomaniac, with a penchant to captivate.” However, Mr. Ponce Enrile believed that it was when Ninoy had compared the Philippine First Lady to Evita Peron, the notorious Argentinian First Lady, that he had crossed the line during his incendiary speech and made the Marcoses his mortal enemies.

Senator Aquino’s shocking comparison implied that apart from their common extravagance, garish and decadent ostentation, the two famed beauties shared similar backgrounds: squalid, impoverished childhoods, and discreetly shrouded yet colorful nubile pasts. President Ferdinand Marcos gallantly bridled in defense of his mate, and called out Ninoy Aquino for being “a congenital liar.” The CCP had its grand opening on Sept. 8, 1969, three days before Marcos’ 52nd birthday, with no less than California governor Ronald Reagan and his wife Nancy there, to represent US President Richard Nixon.

As the CCP marks its half-century milestone, it continues to be enmeshed in Imeldific controversy. The eruption of public outrage at the Jan. 15 dinner honoring Imelda R. Marcos as the CCP’s founder, coincided with nature’s own fury. The earth moved, as Taal spewed steam, ash, and pyroclastic crud. A more measured response came two weeks later during the soberly impassioned symposium titled The CCP@50 — Upholding Freedom of Expression in the Arts which was timely held between the matinee and evening gala screenings of The Kingmaker, the 2019 documentary about Imelda herself, by Laura Greenfield whose preferred subjects are the members of the plutocracy and their excesses.

CCP vice-president and artistic director Chris Millado pointed out that this February, we commemorate the 34th anniversary of the First People Power. Whereas the CCP was an elite enclave for its first 17 years, in the aftermath of EDSA Uno, it became a true people’s cultural center within a newly freed-up democratic space, with a wider, multi-sectoral audience of madlang pipol (the masses), if you will. Under these circumstances, reflecting on the CCP’s legacy as well as its past was both timely and fitting, but even when she wasn’t on-screen, the iconoclastic Imelda Marcos’ presence remained pervasive.

The visual arts curator Marian Pastor-Roces who had worked in the CCP during both the Marcos Martial Law Regime and the Corazon C. Aquino administration, had the horrible feeling that history was repeating itself, even as Filipinos have still not had the comfort of closure. She found the notion of Mrs. Marcos as the patroness of Philippine art and culture as plain distasteful, or at the very least passe. Many of the highlights of the CCP during Imelda’s reign, had been inspired or influenced by other authoritarian regimes. For example, the Kasaysayan ng Lahi spectacle was copied from the Shah of Iran’s celebration of the Peacock Throne. Ms. Pastor-Roces explained: “Imelda cannot take sole credit for the CCP. Do we owe her for edifices — and at what price? The cost is too high. Instrumentalizing art just turns it into bad art. Our historical context has differed from what it was 50 years ago. CCP is an artifact of that period in global politics. We need to put Imelda in her place.”

May Verzola-Rodriguez, the Executive Director of the Bantayog ng mga Bayani Foundation, was surprised at how The Kingmaker which they had all just watched, showed how Bong Bong Marcos was being groomed as the Marcos’ heir apparent. Since she herself is an inherently good and decent human being, not even her detention and torture as a political prisoner of the Marcos Martial Law regime, had given her any inkling of the Marcos family’s inexorable, inter-generational lust for power, and insatiable, metastatic greed.

Ronald Holmes, a fiftyish DLSU Political Science professor, still remembered the tall expanses of whitewashed corrugated iron fences of his boyhood, which Imelda had erected to hide the slums along the motorcade routes, from visiting VIPs. He pointed out that despite his wife’s “edifice complex” as the coffeeshop wags put it, President Marcos was not a builder, but a destroyer of institutions. Exhibit No. 1 was our shattered democracy, struggling for realization. TV newscaster Atom Araullo, as the discussion moderator, wondered how today’s youth, particularly the so-called millennials, might be inoculated against Mrs. Marcos’s polished veneer of charm and practiced posturing, as slyly documented throughout Greenfield’s film. Ms. Verzola-Rodriguez cautioned that in this era of deep fakery and historical revisionism, knowledgeable and discerning adults must astutely guide the clueless youth through the complexity of The Kingmaker’s multi-faceted and many layered truths. Certain simple-minded adults, veterans of the First Quarter Storm (FQS), mistakenly decried Greenfield’s film as pro-Marcos propaganda, oblivious to its imperturbable ironies and subtle satire.

Professor Holmes reminded the audience that in 1992, Mrs. Marcos got more votes than the elder statesman Jovito Salonga. An objective viewer would have noted the superior production values and well-crafted messages of the Marcos family’s many campaign ads since they returned from their Hawaiian exile, started running for various local government positions — and winning. Money works wonders, and they have bottomless pockets after all. According to Ms. Pastor-Roces, during the 2016 campaign, their average spending for Bong Bong Marcos campaign alone was P300 million a week. Ms. Verzola-Rodriguez saw a glimmer of hope in the increase of millennial visitors who go to the Bantayog ng Mga Bayani, of their own volition, and not as a class requirement. Many said their interest had been sparked during the contentious burial of President Marcos in the Libingan ng mga Bayani. It may seem like a small thing, a baby step, but as she observed, the way to climb a mountain is one step at a time.

Ms. Verzola-Rodriguez acknowledged her generation’s responsibility to a degree, for the youth’s prevailing indifference to, and general ignorance of what Mr. Araullo termed the “Dark Age of Democracy,” i.e., the Marcos Martial Law Regime. Wistfully, she reflected: “FQS veterans may have grown a bit tired of politics. Many of us wanted to have families, and careers too. Our momentary apathy may have allowed the Marcoses to drive their own agenda.” The role of teachers has become more crucial than ever, although Ms. Pastor-Roces calls the media, both social and mass, as our de facto DepEd.

Professor Holmes noted that it was mostly the 35-to-50 somethings, who had come of age during the post-EDSA Uno let-down, that were most nostalgic for an imagined Golden Age of Authoritarianism. It was this disappointed and disenchanted cohort who had nearly elected Ferdinand R. Marcos, Jr. vice-president. On the other hand, it was the younger tech savvy millennials who had recently countered the assaults of mercenary troll armies to nudge Leni Robredo to victory.

Ms. Verzola-Rodriguez saw a greater danger in the youth’s becoming cynical about the electoral process. There is a despair that elections are merely about money, and the shuffling of power among traditional politicians, oligarchs, and cronies. However, giving up on elections would mean losing our democratic freedoms by default. Thus, to a student who plaintively asked how we might protect the truth against targeted lies, she simply replied: “It may sound romantic, but the courage of your convictions still has the power to convince others. It is like lighting candles in the dark. You must not let the flame go out, but try to pass it on. Keep standing by your truth bravely today, and tomorrow. There is always a tomorrow.”

THE KINGMAKER will be shown on Feb. 25 at 3 and at 7 p.m. at the Cine Adarna-UP Film Center, R. Magsaysay Avenue, University of the Philippines-Diliman Campus, Quezon City.

DoTr eyes changes in proposed NAIA rehab

By Arjay L. Balinbin
Reporter

THE GOVERNMENT has raised concerns over portions of the concession agreement drafted by the “super consortium” that is proposing to rehabilitate the Ninoy Aquino International Airport (NAIA).

In a press conference in Pasay City on Monday, Transportation (DoTr) Undersecretary for Planning & Project Development Ruben S. Reinoso, Jr. said that the government and the consortium will have to renegotiate parts of the draft concession deal, particularly the plan to lay off airport workers and the use of a bus rapid transit (BRT) system to transport passengers within the airport complex.

He said the Manila International Airport Authority (MIAA), which is the primary grantor, has expressed “reservations” over the proposed use of a BRT as a “people mover” within the airport complex.

Baka may issue ng security ’yun on the tarmac (This may be a security issue on the tarmac),” Mr. Reinoso said, but declined to elaborate.

Mr. Reinoso also raised the issue regarding the job security of the current MIAA personnel. He said there was an initial agreement between the NAIA consortium and the government that none of MIAA’s employees will be laid off.

Ngayon doon sa [revised proposal] nila parang 180 days lang. Hindi kasama sa usapan na 180 days lang nila i-empleyo ’yun (Now under the revised proposal, they only have 180 days. We did not agree that the employees will only have 180 days),” the DoTr official added.

In November last year, the National Economic and Development Authority (NEDA) board approved the unsolicited P102-billion proposal from a consortium composed of the country’s top conglomerates to rehabilitate the country’s main gateway.

The so-called NAIA super consortium is composed of Aboitiz InfraCapital, Inc; AC Infrastructure Holdings Corp.; Alliance Global Group, Inc.; Asia’s Emerging Dragon Corp.; Filinvest Development Corp.; JG Summit Holdings, Inc.; and Metro Pacific Investments Corp.

Once the MIAA and NAIA consortium agree on terms and conditions of the concession agreement, the MIAA will then submit the draft agreement to the Office of the Solicitor General and the Department of Finance for comment.

Mr. Reinoso said the government is hoping that concerns regarding the concession agreement will be settled by March.

“After we have concluded the negotiation, we will go back to the NEDA Board to report on the results of the negotiation and get confirmation. After which, we will submit the draft concession agreement to SolGen. Kapag okay na ’yun, we will start publishing the concession agreement and begin the Swiss challenge,” he explained.

Since it is an unsolicited proposal, the NAIA rehabilitation project will still be subject to a Swiss challenge.

The Swiss challenge is the competitive bidding process where third-party companies are invited to submit counterproposals to a project, which the original proponent has the right to match.

The rehabilitation of the NAIA, whose main terminal opened in 1981, is expected to increase its capacity to 47 million passengers a year in the first two years and further expand this to 65 million passengers after four years.

The NAIA, which has four terminals, has been operating beyond its 30.5 million passenger capacity. It recorded 45.3 million passengers in 2018.

ABS-CBN may operate sans franchise with congressional nod

By Vann Marlo M. Villegas and Charmaine A. Tadalan
Reporters

A BROADCASTING giant critical of President Rodrigo R. Duterte may continue operating pending its application for a franchise renewal, the Justice department told senators on Monday.

Congress can file a resolution authorizing the National Telecommunications Commission (NTC) to issue a provisional authority to ABS-CBN Corp., whose franchise is expiring on May 4, Justice Secretary Menardo I. Guevarra said at a hearing on alleged violations of its franchise.

“Congress, by a concurrent resolution, may authorize the NTC to issue a provisional authority — subject to such terms and conditions the NTC may deem fit — to ABS-CBN,” he said.

Mr. Guevarra said the law is silent on whether a franchise holder can operate pending a congressional hearing on the renewal of its permit. “When there is a gap in the law, equity comes in to fill the gap,” he added, citing the need for “substantial justice.”

The NTC last week sought a legal opinion from the Justice department on whether ABS-CBN can operate once its franchise expires.

Mr. Guevarra said the agency was not inclined to issue an opinion when a private company is involved, adding that legal opinions usually cover only government agencies.

“Our legal opinion will not be binding on a private company, which may actually go to court to have the matter resolved,” he told reporters after the Senate committee on public services hearing.

Mr. Guevarra also corrected earlier news reports that said the media network’s franchise was expiring on March 30.

The law that authorized ABS-CBN to operate for 25 years was enacted on March 30, 1995, but it only took effect 15 days after it was published in a newspaper.

“The franchise (law) was published on April 19, 1995. For that reason, the franchise will expire on May 4, 2020,” he said.

Several bills seeking to renew the network’s franchise have been filed in both Houses of Congress.

Solicitor General Jose C. Calida has asked the Supreme Court to revoke ABS-CBN’s franchise, accusing it of “highly abusive practices.”

The broadcaster allegedly used an “elaborately crafted corporate veil” to allow foreign investors to take part in its ownership.

The company allegedly violated the ownership restriction when it issued Philippine depositary receipts to foreigners. The financial instruments allow foreign funds to buy into the company, allowing it to raise funds globally.

ABS-CBN also went beyond the scope of its legislative franchise by “broadcasting for a fee,” Mr. Calida said. The company allegedly launched and operated a pay-per-view channel in ABS-CBN TV Plus, the KBO Channel, without regulatory approval.

Unit ABS-CBN Convergence, Inc. had also resorted to an “ingenious corporate layering scheme” in order to transfer its franchise without congressional approval, he said.

It also failed to list its shares on the Philippine Stock Exchange within five years, which was a condition of its franchise, Mr. Calida said.

The media network, which Mr. Duterte accused in 2017 of swindling after it allegedly refused to run political ads he had paid for during the 2016 presidential campaign, has denied the allegations.

NO VIOLATIONS
At yesterday’s Senate hearing, regulators cleared ABS-CBN of alleged violations of its franchise.

NTC, Bureau of Internal Revenue and Securities and Exchange Commission (SEC) officials told senators the network had no pending violations or complaints from third parties.

NTC Commissioner Gamaliel Cordoba noted that in the past, franchise holders whose permits have expired had been allowed to continue operating even without a provisional authority.

He noted, however, that given the solicitor general’s quo warranto lawsuit against ABS-CBN, they deemed it prudent to seek advice from the Justice department.

SEC Commissioner Ephyro Luis B. Amatong also cleared the network, saying he was not aware of any violations or complaints against the network.

“As far as the ABS-CBN account is concerned, they are regularly filing and paying their taxes for the past number of years,” said Roberto A. Baquiran, chief of the BIR’s National Investigation Division.

The broadcaster has paid P14.4 billion from 2016 to 2019, covering all national revenues except the 2019 corporate income tax due in April, he said.

Senator Ralph G. Recto said the broadcaster should have been fined if it had violated the law instead of forcing its shutdown.

“You are the regulator and you are not complaining of any penalty,” he told telecommunication officials. “And here we are talking of the possibility of closing ABS-CBN.”

At the hearing, ABS-CBN President and Chief Executive Officer Carlo L. Katigbak admitted that of the P65 million worth of local ads placed by Mr. Duterte during the 2016 presidential campaign, the network had failed to broadcast P7 million worth of ads for lack of time.

“Of the P7 million, we refunded approximately P4 million and that was accepted,” Mr. Katigbak said. “We were delayed in refunding the P2.6 million and that was no longer accepted.”

Also at yesterday’s hearing, the Philippine Competition Commission (PCC) said shutting down ABS-CBN, leaving the three other major media companies to control the market, might be a cause for concern.

PCC Commissioner Johannes Benjamin R. Bernabe said 89% of the market is controlled by ABS-CBN, GMA Network, TV5 and Nine Media. ABS-CBN has a market share of 31-44%, while GMA has 34-46%.

GMA Network could end up swallowing a portion of ABS-CBN’s market share, he said.

“In other jurisdictions, an increasing market share of at least 10% raises a red flag in terms of competition,” he said. “We will have to assess it in a case-to-case basis in the context of the Philippine market.”

Meanwhile, Palawan Rep. Franz E. Alvarez, chairman of the House committee on legislative franchises, said formal hearings on ABS-CBN’s franchise may start either in May or August.

Maaaring sa May na po ito o sa August na talaga kasi maraming marami po talaga. Hindi po ito kayang matapos agad (We may start in May or August because we have a lot of work. We cannot finish this immediately),” he said in a radio interview on Monday. — with inputs from Genshen L. Espedido