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Ateneo tries to complete a perfect UAAP season

By Michael Angelo S. Murillo, Senior Reporter

HISTORY beckons for the Ateneo Blue Eagles when they trek back to the court today in Season 82 of the University Athletic Association of the Philippines as a win completes for them a season sweep of men’s basketball, something not seen in the league for nearly three decades.

Up 1-0 in their best-of-three finals series over the University of Santo Tomas Growling Tigers, the Katipunan-based Eagles go for the title-clincher in Game Two scheduled at 4 p.m. at the Mall of Asia Arena that would earn for them a perfect season.

In the event Ateneo completes a sweep, it becomes only the fourth team in UAAP history to achieve such feat, joining the University of the East (1969 and 1970), Far Eastern University (1976, 1980 and 1981) and UST (1993).

The Eagles put themselves on the verge of an unblemished season with a dominant performance in the finals series-opener on Nov. 16, beating the Tigers, 91-77.

Despite a break of two weeks after sweeping the elimination round and rendering the semifinals a step-ladder, Ateneo returned hardly showing any rust, crisp in its attack on both ends to manhandle UST.

Ateneo took a 32-17 lead at the end of the opening quarter before it hit a rough patch early in the second frame.

But once it got its collective footing back it sprinted away and never looked back the rest of the way.

Graduating player Thirdy Ravena set the tone for the Eagles from the get-go en route to finishing with 32 points, five rebounds and three assists.

Ange Kouame had solid all-around numbers of 18 points, 12 rebounds and five assists, with SJ Belangel scoring 12 points, all coming from beyond the arc, to go along with five dimes, four boards and two steals for Ateneo.

“Well, it’s good to get the win obviously. But we tend to not really see that as a win. We see that as the first half of basketball and we just get a long halftime break. We get to prepare for the second half, which will be in your eyes, Game Two,” said Ateneo coach Tab Baldwin as they gear up for Game Two today.

“We just want to be 1-0 from here. We don’t really care what’s going on in the past. We have one game left [to win]… Believe me, we just want to play this game on Wednesday well, play it really well. Win the game and whatever comes with that, comes with that. We don’t want our focus on anything else. Especially any talk about records or anything like that. Let’s just play this game on Wednesday and do the best we can,” the Ateneo coach added.

BOUNCE BACK
For UST, the game plan is to win the game, extend the series and pull the rug from under Ateneo in a sudden death.

Coach Aldin Ayo said they will try to come out more prepared in Game Two and bounce back from a “bad” outing last time around.

“We played bad, really bad. We were not executing. Some players did not play their usual game. But I think the problem was the coaching staff. I think we were not able to prepare them well,” said Mr. Ayo following Game One.

“I told the players that we just have to handle this loss the right way; that means going back to our videos and see where we need to improve. We have to correct them. We have three days to prepare for Wednesday,” he added.

In Game One, rookie Mark Nonoy paced UST with 26 points with Brent Paraiso and Soulemane Chabi Yo adding 14 and 13 points, respectively.

Meanwhile, prior to the start of Game Two, the season individual awards will be handed out.

Among those to receive awards are UST’s Chabi Yo as league most valuable player and Nonoy as rookie of the year.

SEA Games-bound shuttlers kick off SMART National Open campaigns

SOUTHEAST Asian Games-bound standouts Ros Pedrosa and Mika De Guzman kicked off their 2019 SMART National Open Badminton Tournament stints in style, Monday evening at the Muntinlupa Sports Complex.

Pedrosa, the top-ranked player, took two quick wins in both the morning and afternoon sessions to move into the fifth round of the men’s singles event. The former UAAP Most Valuable Player first dominated Vicarlo Buenaventura, Jr., 21-12, 21-10. He then needed only 35 minutes to take down Lance Novilla, 21-13, 21-11.

Meanwhile, Second-seed Lyrden Laborte needed to three sets to survive Christian Selga, 21-14, 14-21, 21-14, to join Pedrosa in the next phase.

Lanz Zafra and Solomon Padiz Jr. likewise dealt Kevin Dalisay and John Sy, respectively, straight-set defeats to keep the top four seeds into the following round.

On the other hand, UAAP Season 81 Rookie of the Year De Guzman waylaid Lorraine Araneta, 21-6, 21-4, to advance to the third round of the women’s singles draw.

Seventh-seed Jeya Pinlac joins the Lady Eagle in the next round after sweeping Lizette Dela Cueva at 21-10, 21-13. Princess Barrientos likewise advanced at the expense of Anielka Paz, in a marathon 15-21, 21-14, 21-19 contest.

Men’s doubles action also saw seeded pairs into the third round. Sixth-seeds Gregg Paz and Orlan Ticala drubbed Lennox Cuilao and Aaron Prieto, 21-14, 21-11; while seventh-ranked Elbren Concha and Jerrickson Obaob took care of Aran Booc and Miguel Relente, 21-2, 21-5.

Top-seed Sarah Barredo will take the court on Tuesday as the third round of women’s singles rolls on.

San Miguel goes for twice-to-beat edge; Alaska looks to book QF spot

By Michael Angelo S. Murillo, Senior Reporter

THE PHILIPPINE Basketball Association Governors’ Cup holds its final matches in the elimination round today with the San Miguel Beermen and Alaska Aces looking to pad their respective quarterfinal thrusts against separate opponents.

San Miguel (6-4) takes on the TNT KaTropa (7-3) in the scheduled 7 p.m. match at the Ynares Center in Antipolo City while Alaska (4-6) collides with the NLEX Road Warriors (8-2) at 4:30 p.m.

The Beermen shoot for the twice-to-beat advantage in the quarterfinals in their game against the KaTropa with the Aces gunning for outright entry to the quarters versus the Road Warriors.

Currently sitting at fifth place, San Miguel with a win over TNT moves into the top four, which will have the twice-to-beat incentive in the next round of the season-ending PBA tournament.

A victory by San Miguel creates a three-way logjam for the third spot among the Beermen, KaTropa and Barangay Ginebra San Miguel Kings at 7-4.

Using the quotient system, if the Beermen beats the KaTropa in today’s game by 14 points or more they secure number three with Barangay Ginebra at number four and TNT at fifth. A loss by San Miguel though keeps it at number five and will have a twice-to-win disadvantage in the quarterfinals while pushing TNT to either number two or three depending on the outcome of the game between NLEX and Alaska.

The Aces, meanwhile, gain automatic entry into the quarterfinals as the seventh seed, edging the Northport Batang Pier (5-6) by virtue of a higher tiebreak quotient.

A loss, however, sends Alaska to a one-game playoff for the final quarterfinal spot against the outside looking in Columbian Dyip (4-7).

The Beermen are coming off a loss to the Rain or Shine Elasto Painters, 91-85, on Nov. 9.

Alaska, for its part, is riding a three-game winning streak.

Beach volleyball tandem of Rondina, Pons turns attention to SEA Games

AFTER topping the just-concluded Rebisco Beach Volleyball International Open at the Sands SM By The Bay, the women’s beach volleyball tandem of Sisi Rondina and Bernadeth Pons are turning their attention to the 30th Southeast Asian Games which the country is hosting beginning next week.

One of two teams representing the Philippine women’s team in the biennial regional sporting meet, Misses Rondina and Pons hope to do well in the competition, armed with the lessons they got in the international open which concluded last Sunday.

“It was hard competing with the international teams as they had taller and more experienced players,” said Rondina, a four-time University Athletic Association of the Philippines beach volleyball champion for University of Santo Tomas, of the competition they had at the recent international open.

“But the experience we got from there would go a long way. We joined the tournament to prepare ourselves for the SEA Games and I think we got just that,” she added.

In topping the Rebisco tournament, Misses Rondina and Pons defeated the team of Dij Rodriguez and Dzi Gervacio, 21-10, 21-16, in an all-Filipino finale.

Misses Rodriguez and Gervacio incidentally make up the second women’s team for the Philippines in the SEA Games.

The two gave their fancied rivals fits in the second set but Misses Rondina and Pons displayed tremendous composure to prevail in the championship match of the tournament, presented by Larong Volleyball sa Pilipinas Inc., in cooperation with Beach Volleyball Republic.

A total of 20 teams, eight in women and 12 in men, participated in the Rebisco Beach Volleyball International Open, which was also backed by Liberty Insurance, Glorious Blend and Globe Telecom.

Beach volleyball in the SEA Games begins on Nov. 29 then on Dec. 1 to 6 at the Subic Tennis Courts.

Representing the Philippines in the men’s competition, meanwhile, are the teams of Edmar Bonono and Jude Garcia, and Anthony Arbasto and James Buytrago. — Michael Angelo S. Murillo

Skateboarder Margielyn Didal’s new training leading up to 2019 SEA Games

TWENTY-YEAR-OLD professional skateboarder and newly announced Red Bull Athlete, Margielyn Didal, is ready for the 2019 Southeast Asian (SEA) Games to be held in the Philippines this December.

To prepare for her upcoming competitions, Didal underwent months of therapy at Cardia Olympia coupled with an intense assessment last July at the Red Bull High Performance Training Center in Santa Monica, California to address lingering injuries.

“Last December 2014, I had a very severe ankle sprain that didn’t seem to get better,” reveals Didal. “Until recently, it affected my skating because I kept thinking it might happen again.”

Her assessment included a series of exercises that improved her flexibility and core reflexes, which allowed her to build up confidence. In addition, Didal worked on fine-tuning her trick executions.

“The best part about them (Red Bull) is when they would torture me during rehab,” joked Didal. “But really, they have the best team, therapist and equipment. They helped so much — especially with my ankle concerns and other key areas. Now we’re focusing on a lot of ways to improve my skills.”

Didal’s effective rehab program helped lead to a 5th place finish at the recently concluded Street League Skateboarding (SLS) World Tour in Los Angeles, California, establishing her as the highest-ranked Filipino skater in the world today.

With a top-10 finish at the SLS World Tour, Didal has her sights set on a podium finish at this year’s SEA Games in order to secure her place at the 2020 Tokyo Summer Olympics.

“I’m always prepared and ready to compete, no matter where it is. That’s why I recently spent time in Rio de Janeiro/Los Angeles to get the best place training possible. I’ve also got some new tricks prepared but will stick to the game plan.”

INSPIRING FUTURE GENERATIONS
Spending her early years borrowing skateboards in order to practice around abandoned building and the bustling streets of Cebu, Didal was able to build up her prominence, find the right sponsors like New Balance that helped her secure spots in major tournaments around the world.

Regarded by Time Magazine as one of the “25 Most Influential Teens of 2018,” Didal took home the gold medal at the 2018 Women’s Street Skateboarding Event at the Asian Games. She is also the first Filipino of any gender to compete at the X-Games.

With a series of historic accomplishments, Didal has established herself as one of the top skaters in the world today. And as such, she has become an influential figure among aspiring athletes in the Philippines.

I’m honored to be an inspiration to the next generation of skaters,” Didal admits. “In the future, I am keen on doing more projects like clinics to share with them what I’ve learned.”

PYH retires

On Monday night the local football community was caught by surprise when popular Philippine Azkals member and legend Phil Younghusband announced his retirement from the game at the age of 32.

Taking to social media, Younghusband said he is setting his sights on a “new journey” and was hanging up his boots after more than a decade of parlaying his wares on the field, which started when he was a member of Chelsea FC in the mid-2000s.

He then thanked all those who were part of his football journey, from his coaches, bosses, teammates, competitors and supporters.

Not surprising, when news of his retirement broke out, fans and football stakeholders did not waste time in expressing their gratitude to “No. 10” for what he had done for local football and paid tribute to him.

Admittedly, and funny I must say, my first real introduction to PYH was not on the football pitch but through a singing contest show on GMA, Celebrity Duets.

While I did hear of him playing for the Under-23 and 21 teams of the country, it was in watching the singing show where I got to know him early on.

I remember he was part of the second season of Celebrity Duets, hosted by Ogie Alcasid and Regine Velasquez.

Younghusband went against former Metro Manila Development Authority chairman Bayani Fernando, fashion designer JC Buendia, comedian and politician Joey Marquez, beauty queen Carlene Aguilar, chef JL Lang, TV personality Cory Quirino and Miss International 1979, model and actress Melanie Marquez.

In the show, where the contestants had to carry a tune in pair with celebrity partners, Younghusband had the chance to sing with the likes of Aicelle Santos, Jay R, Nyoy Bolante and Jolina Magdangal.

He was the fourth to be eliminated with Fernando eventually winning the contest.

After Celebrity Duets, my steady exposure to Younghusband was largely on the football field where he made his legend no doubt.

He was part of the many standout moments in local football history, including the “Miracle in Hanoi” in 2010 where they reached the semifinals of the AFF Suzuki Cup at the expense of defending champion Vietnam, which was largely credited for the resurgence in appreciation for the sport of football in the country.

Last year, Younghusband provided the winning goal against Tajikistan that earned for the Philippines a first-ever spot in the AFC Asian Cup.

In between the Miracle in Hanoi and the goal against Tajikistan, Younghusband was a steady fixture in the local football scene as a member of the Loyola Meralco Sparks and Davao Aguilas FC which competed in various leagues and tournaments.

He also lent his support in many football-oriented causes, doing them with his trademark warmth and smile.

Fans last saw him on the field in the Asian Cup early this year. And while he came off the bench in each of the three games the Azkals played, it did not matter to him as he went out there and competed.

At the time of his retirement, Younghusband undeniably was one of the best, if not the best, who donned the Philippine colors in football — making 108 international appearances for the national team and scoring 52 goals, both tops in the country’s football all-time history,

More than the records, Younghusband surely made an impression on a lot of people with his professionalism and passion for the game, inspiring many to pick up the “Beautiful Game.”

To PYH, thanks for the service to the country all these years. What a stellar career indeed. Enjoy retirement and all the best on the new journey.

 

Michael Angelo S. Murillo has been a columnist since 2003. He is a BusinessWorld reporter covering the Sports beat.

msmurillo@bworldonline.com

Pats’ offense

Tom Brady was not a happy camper in the aftermath of the Patriots’ victory over the scrappy Eagles the other day. Even as it improved the bottom line, the manner in which it unfolded left much to be desired. “It’s just frustration with the offense; we’re trying to grind them out. I’m happy we won on the road, but at the same time, I just wish we’d score more points,” he said in a radio interview. And he’s right; as badly as they fared trying to score against the Ravens in a blowout loss at the M&T Bank Stadium last week, they proved even more hard-pressed to put up numbers at Lincoln Financial Field.

Certainly, the Patriots hung their hats on defense versus the undermanned Eagles. They took advantage of opposing quarterback Carson Wentz’s lack of targets, sacking him five times and limiting him to a middling 20-of-40 effort. At the same time, they couldn’t take full advantage of opportunities when they had the ball; in fact, they had it for less time, and could do no better than post a touchdown all told. That the pass didn’t even come from Brady speaks volumes of their offense as a work in progress. “As crazy as it sounds, we’re still kind of relatively new, getting familiar with each other.”

For the record, wide receiver Julian Edelman produced the 15-yard scoring toss, in the process becoming the only teammate in Brady’s 20 years (and counting) in the National Football League to have more touchdown passes than him over a completed game. That said, Bill Belichick appeared none the worse for wear. Typically not predisposed for small talk, the head coach found cause to deadpan: “Keeps his quarterback rating up there pretty high. I’m sure he’ll ice his shoulder this week, massage it. Great play by Julian.”

In any case, Brady knows the importance of getting better — much better, actually — with him at the helm. The Patriots may be on top of the league at 10-1, but, as he argued, “we have to figure out how we can fix our problems as best we can.” Else, they’ll invariably run into obstacles in their aim to retain the title, many of which they will have erected en route.

 

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.

Global shift to sustainability

Globally, the transformative impact for businesses to embrace and drive sustainable development is on the rise. With the age of social media, increasing levels of public awareness exert more pressure on companies to pursue a larger social and environmental purposes, other than just augmenting profits.

Terms such as “People, Planet, Profit,” “Environmental Social and Governance (ESG) standards,” “Impact Financing,” “Green Investing,” “Sustainable Business,” “Social Entrepreneurship,” and “Conscious Capitalism” have proliferated in private, public, and societal spheres in order to overturn the traditional way of doing business.

While these terms seem novel, the concept of sustainability was already in existence decades ago. In fact, sustainable development was described as early as 1987 in the United Nations Bruntland Commission Report as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”

Years later, the term “ESG” was first coined in the “Who Cares Wins Conference Report: Investing for Long-Term Value” by the United Nations Global Compact in 2005, wherein it was recognized that environmental, social, and governance factors play an important role in the context of longer-term investment.

In 2015, these principles were formally encapsulated in the United Nations Sustainable Development Goals (SDGs), as a “universal call to action to end poverty, protect the planet, and ensure that all people enjoy peace and prosperity by 2030.” The 17 SDGs — namely, No Poverty, Zero Hunger, Good Health and Well-being, Quality Education, Gender Equality, Clean Water and Sanitation, Affordable and Clean Energy, Decent Work and Economic Growth, Industry, Innovation and Infrastructure, Reduced Inequality, Sustainable Cities and Communities, Responsible Consumption and Production, Climate Action, Life Below Water, Life on Land, Peace and Justice Strong Institutions and Partnerships — recognize that “ending poverty must go hand-in-hand with strategies that build economic growth and address a range of social needs including education, health, social protection, and job opportunities, while tackling climate change and environmental protection.”

THE ROLE OF BUSINESS IS EVOLVING
As sustainable development is inarguably recognized as an issue of global importance, businesses should carefully consider the social and environmental risks and threats to their long-term corporate existence in a world of poverty, climate change, and inequality.

Seeking to be part of the solution rather than the problem, companies are created and/or reinvented to not only seek financial returns, but to further address social and environmental impacts by reducing poverty, meeting basic human needs, and ensuring fair and equal opportunities, which are all in keeping with the UN SDGs.

The understanding that businesses play a vital role in addressing the world’s complex social and environmental problems is now widely recognized. This recognition and commitment towards sustainability, most especially in the investment community, is validated in a research study conducted by Robert G. Eccles and Svetlana Klimenko, as published in the May-June 2019 issue of Harvard Business Review, wherein it was reported that ESG was a “top-of-mind” for 70 senior executives at 43 global institutional investing firms, including the world’s three biggest asset managers (BlackRock, Vanguard, and State Street), giant asset owners such as the California Public Employees’ Retirement System (CalPERS), the California State Teachers’ Retirement System (CalSTRS), and the government pension funds of Japan, Sweden, and the Netherlands.

Following this trend locally, top executives of the Philippines similarly recognize the concepts of sustainability in their businesses. In a report by PwC in collaboration with the Management Association of the Philippines (MAP) entitled “The Future of Business: Sustainability. Development. Impact,” which discusses the results of the 2019 survey of 127 CEOs in the Philippines from a mix of large (50%), medium (27%), small (14%), and micro (9%) enterprises from various sectors, over 80% of CEOs expect to change their production or service model in the next three to five years to promote more sustainable practices. Notably, in the past PwC surveys, CEOs were mostly concerned with issues related to policies and terrorism. This year, however, CEOs are acknowledging that climate change and environmental damage are serious problems that they need to face.

GEARING UP TO MEET 2030 SUSTAINABLE DEVELOPMENT GOALS
In the same vein, strengthening environmental protection and combating climate change are recognized by the government and civil society as one of the most important gaps which need to be closed by 2030.

In the 2019 Asia and the Pacific SDG Progress Report by the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), environmental targets in the Asia Pacific Region would require a complete turnaround in order to meet the SDGs. Specifically, a quarter of Asia Pacific Region targets that have worsened are linked to natural resource management — including sustainable food production, populations suffering from water scarcity, renewable energy, management of chemicals and wastes, and the loss of biodiversity.

The South-East Asian (SEA) subregion, comprised of Brunei Darussalam, Cambodia, Indonesia, the Lao People’s Democratic Republic, Malaysia, Myanmar, the Philippines, Singapore, Thailand, Timor-Leste, and Vietnam, leads other subregions of the Asia Pacific on three goals: quality education (Goal 4), affordable and clean energy (Goal 7), and industry, innovation and infrastructure (Goal 9). According to the report, the SEA region can expect to achieve 2030 goals by maintaining the current pace of progress on all targets on affordable and clean energy except for renewable energy consumption, where every subregion in Asia-Pacific needs to accelerate progress.

SUSTAINABILITY IS THE NEW REALITY
While government takes the lead in achieving these sustainable development goals, the private sector is now recognized as a key player in addressing the most pressing environmental challenges in the world today.

Serious commitments on a global scale are being launched by some of the world’s leading consumer brands. Big investments to produce environmentally friendly packaging alternatives that will not compromise food quality and safety are in full swing.

The Coca-Cola Company’s “World Without Waste” initiative has committed to an ambitious goal to collect and recycle 100% of its packaging by 2030. In the country, Coca-Cola Philippines recently launched its P1-Billion PET (polyethylene terephthalate) bottle recycling facility.

Unilever’s global commitment is to ensure all of its plastic packaging is 100% designed to be reusable, recyclable, or compostable and to increase the use of recycled plastic to 25% by 2025. They will also share their technical solutions to recycle multi-layered sachets with the industry.

Due to the increasing awareness of benefits of companies to pursue a larger and societal purposes, it seems that sustainability is the new reality for businesses.

The future of sustainability rests in commitment, continuity, and innovation which require the collaborative efforts of the businesses, government and civil society.

 

Hannah Viola is a Fellow at the Stratbase ADR Institute.

A title for a leading role

MOVIES USE iconic stars for cameo roles just to notch up their box office appeal. They are designated in the billing as having a special role — he will be playing himself. Ceremonial appearances too have a place in an organization.

Titles like chairman (or co-chairman) or senior adviser are designed to justify inclusion of a distinguished personality as part of an organization. Holders of familiar titles with undefined responsibilities and unstated authorities may be important for status and respectability they bring to the enterprise. They help raise the organization’s profile and status. Holders of ceremonial titles can even make pronouncements that project authority as they define the company’s direction in vague sweeping statements — We are launching a new beginning.

The term “figurehead” originally referred to the carving on the prow of a ship that serves as its distinguishing mark and symbol. It is the part of the ship against which the champagne bottle is smashed in the christening process. While this carved symbol leads the ship forward simply by being positioned in front, it has nothing to do with steering the ship’s course.

The figurehead in an organization refers to a person with an exalted title but possessing little authority or responsibility. Being at the prow of the ship is a matter of location that has nothing to do with control. Still, the figurehead can be the face of the enterprise.

No one, least of all the subject himself, attaches the designation of “figurehead” to the designated position holder, except perhaps behind his back. Is it because there is something derogatory in being powerless in a seemingly powerful position?

It is not always easy for outsiders to determine if the person with a fancy title even has the authority to give away calling cards. Usually, he has a small allocation. Courtesy visitors from abroad routinely make calls on the figurehead. They can be forgiven the blunder of leaving proposals of strategic partnerships and capital investments with this titular titan. He flips through the pages of the report and assures his visitors that “he will evaluate this proposal” as he ushers the latter out the door. He then sends the document on its way to the real decision points.

Why are figureheads even recruited if they are not expected to do anything affecting the corporate ship’s course?

Such ceremonial leaders are venerable and wizened personages who may have retired from a major position that actually wielded real authority of life and death in a previous incarnation. Or they may have been languishing in irrelevancy in another exalted position.

Figureheads report for work regularly. They sign checks and contracts already negotiated and reviewed by the real powers, cut ribbons for new plants, and take out courtesy callers to dinner.

The second-in-command in the country may turn into a figurehead stripped of a real portfolio and not allowed to sit in on important meetings. She can keep busy making speeches on nutrition and human rights in NGO events and international forums, dutifully noted in the inside pages of newspapers. By some freak of fate, such an almost forgotten public figure may be challenged to accept another figurehead position with a higher profile. The expectations of success are low even as her media profile is exponentially raised.

Make-believe positions (MBP) are not to be confused with the figurehead counterpart. The former has to do with ambiguous jobs in business development or corporate culture with no specific targets. These are characterized by the need to call several meetings a day and request reports from busy people doing real work like servicing clients. The MBP Head is the emperor with no clothes. He walks the halls confidently, dreading that question from the uninformed — What do you really do?

Nobody asks the Figurehead what he does. He chairs meetings. He doesn’t give orders. While his title reveals nothing, it also requires no explanation. Like the figure carved on the prow, the figurehead can feel the ship moving without his help. He understands when a journey has begun or ended.

The figurehead doesn’t need to know where his ship is headed. He doesn’t even blink when it hits the rocks with a loud splintering sound. He understands that he himself is now safely ashore… and headed for retirement.

 

Tony Samson is Chairman and CEO, TOUCH xda.

ar.samson@yahoo.com

Lenders beware: The crackdown on illegal online cash companies

“Quick and Easy Online Loan,” “Fast, Easy, Loan Online,” “Quick Cash Online” — these are only a few of the marketing and advertising slogans of online lending companies which have emerged among the online community. Oblivious of the consequences, these online loans became popular among the mass of Filipino people who, in some way or other, needed the “quick and easy” cash.

These online lending companies operate through their respective mobile platforms. According to an investigation by the Securities and Exchange Commission (SEC), before a person can apply for this “quick and easy” online loan, all he has to do is download and install the online lending application on his mobile phone. By downloading and installing the application, the online lending operators already gain access to the personal information contained in the mobile phone of the prospective borrower which includes contact numbers, Facebook accounts, e-mail addresses of all persons saved/stored therein. This personal information may then be utilized by the online lending operators to exact payments from their borrowers by simply sending a text blast to the persons contained in the borrowers’ mobile phones informing all his contacts that the person concerned obtained a loan from them but refuses to pay the amount due.

Not long after, the SEC and the National Privacy Commission (NPC) received several complaints from borrowers who felt an invasion of their privacy and a disruption of their peace.

In response, the NPC summoned more than 60 online lending operators for a summary hearing. Meanwhile, the SEC released cease and desist orders, wave after wave of them, to shut down illegal online lending companies. As of Oct. 29, 48 online lending companies have been ordered to desist from their operations for violation of the Lending Company Regulation Act of 2007 and SEC Memorandum Circular No. 18, Series of 2019.

As the agency tasked to regulate and supervise the operations and activities of lending companies in the country, the SEC responded to the complaints by: 1.) shutting down the operations of illegal online lending companies; 2.) prohibiting unfair debt collection practices of financing/lending companies; and, 3.) imposing disclosure requirements for the advertisements of financing/lending companies and requiring the reporting of online legal platforms.

CLOSURE OF ILLEGAL ONLINE LENDING COMPANIES
The SEC closed online lending companies for violations of Republic Act No. 9474, or the Lending Company Regulation Act of 2007, which prohibits any person from engaging or carrying out a lending business without the Certificate of Authority to Operate from the SEC. Section 4 thereof provides:

SEC. 4. Form of Organization. — A lending company shall be established only as a corporation: Provided that existing lending investors organized as single proprietorships or partnerships shall be disallowed from engaging in the business of granting loans to the public one year after the date of effectivity of this Act.

No lending company shall conduct business unless granted an authority to operate by the SEC.

As stated in its declaration of policy, the Lending Company Regulation Act of 2007 was enacted to prevent and mitigate, as far as practicable, practices prejudicial to public interest and to lay down the minimum requirements and standards under which lending/financial companies may be established and do business. Thus, as emphasized by the SEC, without a Certificate of Authority to Operate as Lending Companies or Financing Companies, as required by Section 4 of the Lending Company Regulation Act of 2007, these online lending operators cannot offer and provide loans to the public. Violators of the act face payment of a fine not less than P10,000 and not more than P50,000, or imprisonment of not less than six months but not more than 10 years, or both, at the discretion of the court.

ISSUANCE OF MEMORANDUM CIRCULAR NOS. 18 AND 19, SERIES OF 2019.
Answering this growing need to protect the public, especially the poor and the underprivileged who became the target of the illegal online lending operators, the SEC issued Memorandum Circular No. 18, Series of 2019, entitled as “Prohibition on Unfair Debt Collection Practices of Financing Companies and Lending Companies.” This circular enumerated the unfair collection practices, which include, among others, the disclosure or publication of the names and other personal information of borrowers who allegedly refuse to pay debts, subject to certain exceptions including consent of the borrower. However, despite consent of the borrower, contacting the persons in the borrower’s contact list other than those who were named as guarantors or co-makers shall also constitute unfair debt collection practice.

The SEC likewise enacted Memorandum Circular No. 19, entitled “Disclosure Requirements on Advertisements of Financing and Lending Companies and Reporting of Online Lending Platforms,” which provides the requirement of fully disclosing in their advertisements the Corporate Name, SEC Registration Number, and Certificate of Authority to Operate a Financial/Lending Company. The circular likewise directs the online lending companies to advise prospective borrowers to study the terms and conditions in the Disclosure Statement before proceeding with the loan transaction.

The practice of the illegal online lending operations of sending out text blasts to the entire contact list of the borrower — informing them that the person involved is delinquent and might face legal action — is likewise violative of the Data Privacy Act of 2012.

As defined by the Data Privacy Act, information about any proceeding for any offense committed or alleged to have been committed by a person is considered as “sensitive personal information” which cannot be processed without the consent of the person and all other parties to the exchange prior to processing. Thus:

“SEC. 13. Sensitive Personal Information and Privileged Information. — The processing of sensitive personal information and privileged information shall be prohibited, except in the following cases:

(a) The data subject has given his or her consent, specific to the purpose prior to the processing, or in the case of privileged information, all parties to the exchange have given their consent prior to processing; […]”

Aligned with the Data Privacy Act, SEC Memorandum Circular No. 18, Series of 2019, strengthened the privacy of the borrowers by providing for specific unlawful conducts of debt collection. The SEC Memorandum Circular No. 18, Series of 2019, provides that even if there is consent, it is prohibited to contact the persons in the borrower’s contact list other than those who were named as guarantors or co-makers.

In retrospect, while getting these loans may be quick and easy, it pays to be vigilant to the nitty-gritty details to avoid ending in regret. After all, one’s reputation is an intangible, fragile little thing that can take a lifetime to redeem.

 

Jesselie A. Sunga is an Associate in the Litigation and Dispute Resolution Department of ACCRALAW.

9020 8830-8000

jasunga@accrelaw.com

Gushcloud Philippines Awakened Our ‘80s Nightmares In ‘Fright Night!’

Gushcloud Philippines, Southeast Asia’s #1 influencer network, held its second exclusive annual Halloween event last October 25, 2019 at Cinko PH, Poblacion, Makati. The ‘80s Dark Fantasy-themed party featured clients, media partners, and influential online personalitieswho dressed up in ensembles straight out of the era’s horror flicks.

Jaz Reyes of 99.5 Play FM’s hosting brought the house down with her crazy quirks, Tom Suplico dropped wicked beats that had the creatures of the night party it up, and Absoluttanked guests with booze-some fun through the trivia drinking game. Attendees took home loot from the brand sponsors foodpanda, Photobook, V&M Naturals, Biorè, Caronia, BRTC, Liese, and VMV Hypoallergenics.

Ferlan Fariñas, Country Director of Gushcloud Marketing Group, also took to stage the launching of the group’s newonline publication Best of Manila – a lifestyle magazine directed to the millennial and Gen Z audience, tapping the latest on everything the city has to offer.

Gushcloud Philippines is a brand under Gushcloud International. This global influencer marketing, entertainment, and talent agency is the creative linkage between brands, audiences, and creators – specializing in strategic influencer management, content marketing, and social media management.

Follow them on their social sites for the latest updates!

Facebook: Gushcloud Philippines
Instagram: @gushcloudph

Online influencers garbed in iconic ‘80s pop culture references.

Tom Suplico dropped the hottest Fright Night beats.

The ‘Heathers’ squad sending chills from the photo corner.

A spectacle of obfuscation

I have been closely following the TV news coverage of the US congressional hearings on the possible impeachment of President Donald Trump and I am reminded of Harry Belafonte’s song, “Man Piaba,” which goes this way:

“When I was a lad of three-foot-three, certain questions occurred to me;

So I asked my father quite seriously to tell me the story ‘bout the bird and bee.

He stammered and he stuttered pathetically and this is what he said to me:

“He said, ‘The woman piaba and the man piaba and the ton ton call back a lemon grass;

The lily root, gully root, belly root uhmm — and the famous granny’s scratch scratch!’

“It was clear as mud and it covered the ground and the confusion made me head go ‘round;

So I went to ask an old friend of mine, known to the world as Albert Einstein..”

Einstein’s explanation was also “as clear as mud and it covered the ground,” and so was that of Sigmund Freud, whom the curious lad also asked. In frustration, he concludes:

“All good men upon this earth have confused me since my birth.

I’ve been over land and been over sea trying to find the story ‘bout the bird and bee;

Now that I am 93 I don’t give a damn, you see…”

Isn’t it amusing that something as basic as the sexual relations between man and woman (the bird and the bee) should be obfuscated and muddled by “all the good men upon this earth.” It is a fact. Try discussing sex with your curious five-year-old.

But the citizens of the United States — and inevitably the whole world — have no choice but to give a damn about the results of the impeachment hearing on the president of the most powerful country on the planet. America’s economic, military, and social influence is so pervasive that it is said that when the US catches a cold, the world comes down with pneumonia.

In other words, the impeachment of a US president will have a resounding impact on the world. Of course, Trump’s enemies will welcome his ejection from office. But Trump’s voter base won’t give a damn.

The “never-Trumpers” (Trump’s description of those who would like to see him kicked out of office), are painfully aware that although he may be impeached in the Democrat-controlled House of Representatives, the Republican-dominated Senate, which is mandated to conduct the actual impeachment trial, is not likely to render a verdict that will force him out of the White House. It will take a two-thirds vote of the Senate rolls to impeach, an unlikely occurrence, according to political observers.

During the incumbency of President Bill Clinton, a Democrat, the figurative shoe was on the other foot. Clinton was impeached by a Republican-controlled Lower House but was acquitted by the Democrats who were the majority in the Senate.

What is interesting is that when Republican President Richard Nixon faced the possibility of impeachment in an inquiry initiated by House Democrats, it was a delegation of fellow Republicans that delivered the harsh message to Nixon. That persuaded Nixon to resign.

Even more remarkable was the fact that it was a bi-partisan Senate Committee that approved the initial investigation into the Watergate break-in that started the scandal.

That bi-partisanship is non-existent in the current impeachment hearings. President Manuel Quezon’s immortal quote, “My loyalty to my party ends where my loyalty to my country begins,” is meaningless to the partisans on Capitol Hill and the White House.

In fact, it was in anticipation of an acquittal of Trump by the Republican-controlled Senate that kept Speaker Nancy Pelosi and many Democrats from pushing sooner for a formal impeachment inquiry. They were also worried that impeaching Trump could result in a voter backlash that could hand Trump a second term in next year’s presidential election, the way Clinton won a second term after being impeached.

The political gamble seemed too risky. Public opinion polls indicate that Trump’s voter base has not been affected by the negative reports about his chaotic governance and only a slight majority of the American public are in favor of impeaching and removing Trump.

Trump’s boast that he could shoot a man in the middle of Manhattan and not lose a single vote among his mesmerized supporters, still rings eerily true in the ears of the Democrats and enlightened Americans.

It took the quid pro quo arm-twisting that Trump allegedly tried to apply on the president of Ukraine, Volodymyr Zelensky, that forced Pelosi to finally accede to the mounting demand by her party caucus for impeachment proceedings to be initiated no matter what the political cost. Trump had made a Mafia-like “offer that couldn’t be refused” to Zelensky, pressuring the Ukranian government to dig up dirt on Trump’s potential rival for the presidency in the 2020 elections.

The impeachment process is being aggressively pursued by the Democrats, in spite of the political risk, because IT IS THE RIGHT THING TO DO.

The current impeachment hearings are a spectacle of partisanship and obfuscation. The Republicans have gradually altered their defensive posture from denying that there was ever a quid pro quo (in terms of withholding from Ukraine over $400 million in US aid in exchange for dirt on former Vice-President Joe Biden and his son Hunter Biden), to “so what if there was a quid pro quo, what’s wrong with that?,” to “okay, assuming there was wrong-doing, it isn’t enough grounds for impeaching a duly elected president.”

The Democrats, on the other hand, have been methodically demolishing the Republican rationalization by presenting witnesses who have attested to Trump’s pressure tactics on the Ukranians. They have also cited the constitutional basis for impeaching Trump, leaving the Republicans and Trump to resort to obfuscation or, in Belafonte’s words, “making the situation clear as mud” and presenting the American public with a “confusion that makes their head go ‘round.”

What is interesting is that the battleground in this high-stakes spectacle is in the minds of the American public. The objective of the Republicans is to confuse the US electorate and leave enough doubts in their minds about the justification for impeaching the president. The Trump apologists are hoping that the doubts will translate into a tolerance for his misdemeanors enough to win him a second term.

Indeed, for the average Americans, impeachment is a step into the unknown. And Trump has been painting all kinds of doomsday scenarios should he be removed from office — even the possibility of a violent upheaval among his supporters.

On the other hand, the objective of the Democrats is to make a compelling case for impeachment based on blatant abuse of power and obstruction of justice, all adding up to high crimes and misdemeanors. They have toyed with the idea of throwing in treason among the articles of impeachment but are not sure that there will be enough grounds for this based on the report of Special Counsel Robert Mueller on Trump’s alleged collusion with Russia and Vladimir Putin.

The US media and political pundits refer to these tactical and strategic moves by both parties as a “messaging war.”

It is ironic that an icon of the rule of law like America finds itself caught in a situation where the fate of the president — and, perhaps, of the country itself — depends on the ability of contending parties to obfuscate, to muddle the public perception of events and circumstances, and to leave that perception “clear as mud,” thus making the public’s head “go ‘round.”

Frankly this has boiled down into a communications contest — almost a marketing contest of competing brands — demanding the manipulative skills of wordsmiths and legal shysters — the rule of law and the Constitution be damned.

Donald Trump himself is such a skilled manipulator for whom lying comes naturally. Like a cornered beast, he is expected to lie and cheat, unleash foul blows, and throw his most loyal associates under the bus to survive. Indeed, Trump could be a poster boy for Sun Tsu’s Art of War, where the master of warfare advises that an enemy should be allowed an avenue of escape because, if cornered, he will fight to death.

It is a sad testament that even his worst detractors grudgingly concede that, when the smoke of battle has cleared, Trump could still survive like the indestructible cockroach while they themselves will be smarting in defeat.

However, in spite of that dire possibility the impeachment process should still be pursued and consummated. BECAUSE IT IS THE RIGHT THING TO DO.

 

Greg B. Macabenta is an advertising and communications man shuttling between San Francisco and Manila and providing unique insights on issues from both perspectives.

gregmacabenta@hotmail.com