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The government is hoping a pickup in consumer spending ahead of the holidays will help boost economic growth. — PHILIPPINE STAR/MICHAEL VARCAS
By Luz Wendy T. Noble, Reporter
THE Financial Stability Coordination Council (FSCC) is evaluating the possibility of issuing securities linked to the country’s gross domestic product (GDP) as a new instrument to manage liquidity in the financial system, FSCC Chairman and Bangko Sentral ng Pilipinas (BSP) Governor Benjamin E. Diokno said.
“We continue to consider the prospects and timing of GDP-linked bonds (GLBs). But this has to also come hand in hand with the recent issuance of BSP securities and the evolving market conditions,” Mr. Diokno said in an e-mail to BusinessWorld.
“Our objective is to re-deploy liquidity that is already available in the market as part of our shared objective to address risk aversion and move further towards the New Economy,” he added.
In September, the BSP launched the 28-day BSP bills as part of its initiatives towards more market-based monetary operations.
Pressed for details, Mr. Diokno said the GDP-linked bonds, if issued, will have a longer tenor than the Treasury bills, by nature.
“The prospect of issuing GDP-linked bonds is under review, but there is no firm commitment for its adoption,” he said in a Viber message.
Analysts said the risks of such bonds lie on the volatility of the economy.
“GDP-linked bonds will be both an advantage and disadvantage depending on the volatility of GDP indicators which as of now are moving in the opposite direction (e.g. unemployment, foreign direct investments, inflation, etc.). This opposite movement may jeopardize the value of bond share,” Colegio de San Juan de Letran Graduate School Dean Emmanuel J. Lopez said in a text message.
Despite this, Mr. Lopez said such bond issuance could stimulate spending and investment, which could then create a “semblance of normality, at the same time, induce GDP growth.”
From an investors’ perspective, a faster pace of recovery will provide higher interest rate returns, said Rizal Commercial Banking Corp. Chief Economist Michael L. Ricafort.
“Since the Philippine GDP growth (before the pandemic) had been one of the fastest-growing among relatively larger countries around the world, this would provide greater incentives for investors,” Mr. Ricafort said in a text message.
The economy shrank by 11.5% in the third quarter, bringing the nine-month GDP contraction to 10%. The government expects the GDP to slump by 8.5% to 9.5% this year.
In 2019, the country’s GDP rose by 6%.
Meanwhile, a softer economic bounceback will still be favorable from an issuer’s point of view, said Mr. Ricafort.
“[Such] conditions would allow lower borrowing costs for GDP-linked bonds, thereby providing greater support in terms of lower debt-servicing costs as the resulting savings may be re-allocated to pump-priming other support measures when needed most to resuscitate the economy,” he said.
Economic managers maintained its GDP growth outlook for 2021 at 6.5-7.5%, and for 2022 at 8-10%.
UnionBank of the Philippines, Inc. Chief Economist Ruben Carlo O. Asuncion said the GDP-linked bonds could be a welcome development if the government decides to push through with the issuance.
“If these were used in other countries, why not ours? The good thing here is that investment instruments are growing and varieties are expanding,” Mr. Asuncion said in a Viber message.
In November, the consumer price index rose by 3.3%, quicker than the 2.5% in October and the 1.3% a year ago. — REUTERS
THE inflation environment is expected to remain “manageable” in the next four years, with the central bank taking into account the economy’s recovery trajectory after the pandemic.
“The DBCC (Development Budget Coordination Committee) in consultation with the BSP (Bangko Sentral ng Pilipinas), decided to retain the current inflation target range at 3% plus or minus one percentage point (ppt) for 2021 – 2022 and set the inflation target range at 3% plus or minus one ppt for 2023 – 2024,” the BSP said in a statement on Friday evening.
“Moreover, inflation expectations are expected to remain firmly anchored to the National Government’s target.”
The inflation rate from 2023 to 2024 will be dependent on the pace of economic recovery from the current coronavirus disease 2019 (COVID-19) crisis.
“The Philippine economy is expected to regain momentum as the health crisis is sufficiently addressed, while macroeconomic policies gain full traction in reviving the economy,” the BSP said.
Economic managers are pinning their hopes on a strong economic recovery starting 2021.
In its meeting earlier this month, the DBCC lowered its 2020 gross domestic product (GDP) outlook to 8.5-9.5% contraction this year (from 4.5-6.6% in July) but kept its growth forecast at 6.5% to 7.5% for 2021.
Moreover, the DBCC upwardly revised the growth estimate for 2022 to 8-10% (from 6.5-7.5%).
The economy remained in a recession after GDP shrank by 11.5% in the third quarter. Year to date, the GDP contracted by 10%.
“The COVID-19 pandemic could lead to structural changes in supply and demand factors that determine the level of inflation as well as affect the country’s future productive capacity,” the BSP said.
“This reinforces the important role of the inflation target as an important guidepost for the BSP in ensuring inflation remains low and stable, which will be conducive to long-term economic growth,” it added.
In its December policy meeting on Thursday, the Monetary Board raised its inflation forecast for 2020 and 2021 to 2.6% (from 2.5%) and 3.2% (from 2.7%), respectively. BSP Deputy Governor Francisco G. Dakila, Jr. said the outlook was updated due to the faster increase in food and global oil prices.
Meanwhile, the BSP maintained its 2022 inflation forecast at 2.9%.
In November, the consumer price index rose by 3.3%, quicker than the 2.5% in October and the 1.3% a year ago. The month’s print is also the fastest in 21 months or since the 3.8% logged in February 2019. — L.W.T. Noble
Employment in the construction industry fell during the strict lockdown in Metro Manila. — PHILIPPINE STAR/MICHAEL VARCAS
THE Asian Development Bank (ADB) estimated at least two million Filipino workers may have lost their jobs by the end of the year as the pandemic continued, with the steepest drop in employment seen in services sector that depend heavily on tourism.
“Our analysis shows that by the end of 2020, around 2.1 million workers may have lost their jobs, relative to the pre-COVID baseline scenario. About 1.5 million of these workers (about 68%) may become unemployed, raising the unemployment rate from 5.1% in 2019 to 8.5% in 2020,” ADB Southeast Asia Department technology and innovation specialist Sameer Khatiwada and economist Rosa Mia Arao said in a blog post published on Friday.
They noted another 389,000 workers may drop out of the labor force, while around 288,000 workers may look for work in other sectors, mainly agriculture.
“Such labor reallocation following economic shocks is typical in the context of developing economies. Without adequate social protection, displaced workers cannot afford to remain unemployed and, therefore, shift to lower productivity employment in agriculture or informal employment in low productivity services,” they said.
However, there are “signs that a pickup in the job market is underway,” the ADB analysts said.
In October, the unemployment rate stood at 8.7% which represents 3.813 million jobless Filipinos, data from the Philippine Statistics Authority showed. This eased from the 10% jobless rate in July when 4.571 million Filipinos are unemployed.
Based on ADB’s estimates, a decline in employment is seen in tradable sectors such as manufacturing and transportation due to the drop in global demand. However, job losses were higher in non-tradable industries such as construction, wholesale and retail, accommodation and food, and public administration, because of strict lockdown measures.
“We estimate job loss north of 500,000 in wholesale and retail, 265,000 in accommodation and food, and a drop of about 100,000 jobs in transport, public administration, and other services,” the ADB analysts said.
There is also a sharp increase in employees that reported they had a job but did not work during the year. The ADB analysts noted some of these workers likely did not get any salary at this time.
“Indeed, the COVID-19 pandemic had significant labor market impacts, including massive job losses and unemployment, a decline in labor force participation, and reductions in hours worked. Moreover, our analysis indicates that job loss disproportionately affected low productivity sectors such as construction, transport, tourism, and wholesale and retail that employ many low-skilled workers,” they said.
Moving forward, the government’s infrastructure push, stable inflation and low interest rates, as well as the upcoming availability of vaccines should boost economic recovery and increase jobs.
“Over the medium-term, policies to spur and save jobs, help struggling firms, help displaced workers to find reemployment, and to boost spending, will be critical to ensure a resilient and robust recovery,” the analysts said.
“Moreover, intensified efforts to improve education and training will help to enhance the skills of workers whose livelihoods have been affected by the pandemic. Together, these measures are encouraging signs that workers will not only find employment but thrive in the post-COVID-19 labor market.”
The ADB expects the Philippine economy to shrink by 8.5% this year before growing by 6.5% in 2021. This compares with the government’s forecast of an 8.5-9.5% contraction in 2020 and a growth of 6.5-7.5% by 2021. — L.W.T. Noble
The peso, which closed at 48.085 per dollar on Friday, will rise to 47.50 by the end of next year, according to a Bloomberg survey.
THE Philippine peso is seen notching a third year of gains in 2021 as the sluggish economic recovery curbs imports and with remittances expected to rebound.
The peso, which closed at 48.085 per dollar on Friday, will rise to 47.50 by the end of next year, according to a Bloomberg survey. The currency has risen 5.4% this year, the biggest gainer in Southeast Asia.
The Philippine economy is forecast to start growing only in the second quarter of 2021, putting it among the slowest to recover from the pandemic that has ravaged the global economy. Falling imports have crimped demand for dollars, with the peso surging to a four-year high in December.
“As long as domestic demand is far from a full recovery, we expect the peso to get even stronger,” said Eugenia Victorino, head of Asia strategy at Skandinaviska Enskilda Banken AB in Singapore. Among her company’s 2021 top trade recommendations is to sell the dollar against the peso with a target of 46.
Imports fell 19.5% in October from a year ago, its 18th month of declines. The narrower trade balance is boosting the current account, with the central bank raising its forecast for a surplus next year to 1.5% of gross domestic product.
The global growth rebound will also boost demand for Filipino workers abroad next year, with the central bank predicting remittances will advance 4% after an expected 2% drop in 2020. Remittances are the nation’s largest source of foreign exchange after exports.
The central bank remains committed to a flexible foreign-exchange rate policy as the improving economy could impact the currency’s supply and demand, Governor Benjamin E. Diokno said Friday.
Philippine peso bonds, Asia’s top performer this year, are expected to remain supported by the central bank’s accommodative policy. Bangko Sentral ng Pilipinas, which held its key interest rate on Thursday at a record-low 2%, has said it stands ready to use a full range of tools to boost growth.
“With BSP pledging an accommodative environment into next year, bonds will remain supported,” said Robert Dan J. Roces, chief economist at Security Bank Corp. in Manila. “A low interest-rate environment means moderate returns for bonds, with yields to slowly retrace to pre-pandemic levels on the back of more borrowing to fund pandemic expenses.”
The nation’s bonds have handed investors almost 19% this year. The yield on the 10-year debt has fallen to about 3% from more than 5% in March, even as the government increased debt sales and projected a wider budget deficit next year.
The Philippine Stock Exchange Index could climb to 8,300 by the end of next year, according to Julian Tarrobago, head of equities at ATR Asset Management, Inc. in Manila and whose ATRAM Alpha Opportunity Fund has beaten its peers with a 66% return since the trough in March.
The index, which closed at 7,272.80 on Friday, clocked a 41% year-to-date plunge in March before staging a rebound that cut its loss to 7% in 2020.
While 2021 corporate earnings will probably be only about 86% of the 2019 level, Mr. Tarrobago is optimistic that foreign funds will reverse course from this year’s exodus as the economy’s recovery leads to a sustained rebound in earnings. Spending for the May 2022 presidential elections could also provide a potential boost in the second half of next year.
“The market should be able to trade above its five-year historical average valuation,” Mr. Tarrobago said. “There will still be volatility but it won’t be like what we have seen this year.”
Foreign funds will help drive up stock valuations to 19 to 20 times 12-month forward earnings, he said. Mr. Tarrobago forecasts earnings per share to grow 45% in 2021 from an expected 39% contraction this year. — Bloomberg
MANILA ELECTRIC Co. (Meralco) has extended the no-disconnection policy until end-January next year for consumers who could not settle their unpaid power bills, House Speaker Lord Allan Q. Velasco said on Sunday.
In a press release, he said Meralco President Ray C. Espinosa told him that the distribution utility decided to allow consumers to pay their electricity bills at a later date without getting disconnected, after “careful evaluation and in consideration” of the lawmaker’s request to extend the grace period.
Mr. Velasco said he sent a letter on Nov. 30 to Mr. Espinosa requesting the power distribution utility to extend the no-disconnection period until January 2021 to ease the burden of consumers in coping with the global health emergency.
The Meralco executive then approved of Mr. Velasco’s request in a letter dated Dec. 14.
Mr. Espinosa, as quoted in the press release, said that the extended grace period would “benefit more than three million Meralco customers with consumption of 200 kilowatt per hour and below during the billing month of December 2020.”
The number of customers that stand to benefit from the extension make up 47% of Meralco’s customer base, he said.
Mr. Espinosa’s statements were confirmed by the Meralco team on Viber.
For Mr. Velasco, the longer grace period will provide reprieve to those who are reeling from the effects of pandemic as well as natural calamities. “This good gesture on the part of Meralco will go a long way in helping our kababayans feel secure this Christmas,” he said.
He also thanked Mr. Espinosa for “showing true bayanihan spirit and empathizing with the plight of our countrymen.”
In June, Meralco said that it was considering whether to extend the moratorium on disconnection notices for customers who still could not settle their bills.
Meralco’s controlling stakeholder, Beacon Electric Asset Holdings, Inc., is partly owned by PLDT, Inc. Hastings Holdings, Inc., a unit of PLDT Beneficial Trust Fund subsidiary MediaQuest Holdings, Inc., has interest in BusinessWorld through the Philippine Star Group, which it controls. — Angelica Y. Yang
THE PESO could appreciate against the greenback this week on the back of holiday flows and optimism on the timely passage of the 2021 budget.
The local unit finished trading at P48.085 versus the dollar on Friday, losing four centavos from its P48.045 close on Thursday, data from the Bankers Association of the Philippines showed.
It also weakened by 1.5 centavos from its P48.07-per-dollar close on Dec. 11.
The peso depreciated versus the dollar after faster inflation forecasts from the Bangko Sentral ng Pilipinas (BSP), which caused risk-off sentiment among investors, Rizal Commercial Banking Corp. Chief Economist Michael L. Ricafort said in a text message.
Benchmark interest rates were maintained by the central bank at its last policy meeting on Thursday, as expected. However, the inflation forecasts for 2020 and 2021 were revised upward to 2.6% (from 2.5%) and 3.2% (from 2.7%), respectively.
BSP Deputy Governor Francisco G. Dakila, Jr. said they factored in the quicker increase in food prices and the recent uptick in global oil prices for the revised forecasts.
Headline inflation in November picked up to 3.3%, quicker than the 2.5% in October and the 1.3% a year ago. This is also the fastest in 21 months or since the 3.8% logged in February last year.
For this week, Mr. Ricafort said the market will closely watch budget developments, which will impact foreign exchange trading.
“Major catalysts include President [Rodrigo R.] Duterte’s final approval of the 2021 national budget expected on or before Christmas as well as the extension of the 2020 national budget validity,” he said in a text message.
Next year’s P4.5-trillion national budget has been transmitted to the Palace and is awaiting Mr. Duterte’s signature.
Meanwhile, external developments including the progress of a US fiscal passage paired with seasonal currency flows will also be the theme of trading this week, UnionBank of the Philippines, Inc. Chief Economist Ruben Carlo O. Asuncion said.
Legislators in the US worked over the weekend to finish discussions on a $900-billion pandemic response package, Reuters reported. The Senate held an unusual weekend session in a bid to settle the package, which, if passed, will be the biggest since the relief deals worth $4 trillion legislated in the early weeks of the pandemic.
Among settled issues so far is the inclusion of a one-off $600 cheques for most Americans, unemployment benefits worth $300 a week, help for state distribution of vaccines as well as assistance for small firms.
For this week, Mr. Ricafort gave a forecast range of P47.95 to P48.15 while Mr. Asuncion expects a tighter trading band of P48.00 to P48.10 per dollar. — L.W.T. Noble with Reuters
TECHNOLOGY firm Cisco Systems, Inc. is in talks with Makati and Pasig cities for a “smart city” project.
Cisco Managing Director for the Philippines Karrie C. Ilagan, in an online press briefing on Friday, said that the company was in discussion with various cities, including Pasig and Makati, to scale up a project connecting local government units (LGUs) to technology.
“We are in discussion with a number of LGUs. Where we are most advanced is actually in Baguio City,” she said.
The Baguio smart city partnership with Cisco includes the development of a tech-based command and control center. The city plans to use technology to manage its assets and develop contactless transaction methods.
Cisco on Friday launched its digitization program Ugnayan 2030 as it works with the private and public sectors to improve internet connectivity and cybersecurity.
The company in a press release said that the campaign has several components, including a partnership with PLDT, Inc. to develop an incubation platform, where industries can create relevant use cases for 5G technology.
The Cisco partnerships will also work on a study on digital technology in healthcare, communications solutions for healthcare professionals and disaster response, and connectivity solutions for education. The firm will also help assess government cybersecurity risks and management in pandemic response.
The firm, through the project, aims to address uneven access to information and communications technology (ICT), weak ICT adoption, and limited expertise and manpower. — Jenina P. Ibañez
THE FEDERAL Reserve’s window to tinker with its bond-buying program may be narrowing, meaning there’s a risk that Treasury yields will climb faster than many predict.
At its final policy meeting of 2020, the US central bank just decided not to tilt more purchases toward longer maturities — something that could’ve kept a lid on longer-term interest rates. And while the Fed didn’t rule out eventually making such a change, a healthier US economy — possibly due to more fiscal stimulus if Democrats take control of the Senate after runoff elections on Jan. 5 — could make it harder for the central bank to justify, according to some investors.
The mere possibility that the Fed might act more overtly to anchor long-end borrowing costs at some point has helped cap yields at that part of the curve. It’s a big factor behind why the 10-year rate stayed below 1% this week even amid progress on stimulus talks and after the Fed’s decision to defer action. If that policy option were to disappear entirely, that could well provide scope for rates to move up.
Shifting to longer-term bonds “becomes harder practically and politically and makes less sense to the market” as 2021 wears on, said Thomas Graff, a portfolio manager who helps oversee $100 billion at Brown Advisory in Baltimore. “The market is going to say, ‘Hold up, interest rates are rising because the economy is healing,’ and that won’t be viewed favorably.”
The Fed wants to keep long-term rates down because that reduces borrowing costs for individuals and businesses. A rise could derail any recovery from the current pandemic-induced economic slump. But the central bank would be less likely to lean against a rise in yields if it were a justified response to an improving economy and higher inflation.
The benchmark 10-year yield — currently around 0.95% — is seen ending 2021 at 1.25% and this year just below 1%, according to the median estimate in a Bloomberg survey of forecasters. Annual US economic growth, meanwhile, is predicted to rebound to about 4% in the coming year.
One potential trigger for a shift higher in rates could occur in early January with the results of two Senate elections in Georgia. If both Democratic candidates win, the party would control Congress as well as the White House, significantly improving prospects for boosting US government spending and Treasury issuance. Central bank policy makers would then get to evaluate all that at the next Federal Open Market Committee meeting on Jan. 26-27.
How the market behaved on Dec. 16, the day of the Fed decision, provided some clues about the dynamics currently at work, with the curve engaging in brief bouts of steepening following news about stimulus progress and what central bankers did. But with Fed Chairman Jerome Powell choosing not to completely rule out a shift toward buying more longer-term debt — known as extending the weighted average maturity, or WAM, among pros — and expectations that fiscal stimulus may be at the more moderate end of previous negotiating ranges, the gap between 2-year and 10-year debt largely held to its recent range.
“Given where financial conditions are at now and expectations for a recovery in the economy, it doesn’t make sense to use WAM at this point,” said Charles Ripley, an Allianz Investment Management strategist based near Minneapolis. “But other risks could present themselves and it’s hard to pinpoint exactly when the Fed might step in,” though a sudden rise in the 10-year rate above 1.5% might raise alarm.
Still, “the probability of a WAM extension from the Fed decreases the further along the recovery is,” he said. “For market participants, this means the Treasury curve can continue to steepen.”
Even without additional fiscal stimulus, many are tipping toward forecasting a gradually improving US economy in 2021 as the rollout of coronavirus vaccines enables a move toward normality. That’s the kind of economic path that could also set the stage for a steepening of the curve — and which, some say, could complicate the Fed’s task of knowing when or if it should offset an unruly rise in rates.
All things considered, “the Fed will have the pandemic-related uncertainty to justify defending the long end of the curve” if needed, says Mark Heppenstall, chief investment officer of Penn Mutual Asset Management, which manages $30 billion of mostly fixed-income assets. And that’s true, he says, “even if economic growth surprises to the upside.” — Bloomberg
The country’s most-anticipated automotive spectacle pivots to digital
FOR A YEAR largely bereft of things to rejoice about, the Manila International Auto Show (MIAS) was both an escapist distraction and proof of life for the country’s automotive industry.
At the start of the pandemic, organizers had understandably nixed the planned April staging. For motoring enthusiasts and, to be sure, motoring journos, MIAS has always signaled the start of summer. While many troop to the beaches, we always have MIAS.
The crush of people gawking at the latest vehicles, the brave souls seeking selfies with the lady models, the pulsating musical numbers, and a glimpse of auto executives and celebrities — all of that was swept by the wayside this year.
Last Wednesday though, MIAS (now bannering the name “MIAS Wired”) was back with a mighty shift to digital. Its organizers understandably didn’t want the year to pass without the country’s most awaited and longest-running motoring spectacle.
Said co-organizer Jason Ang, in an exclusive interview with “Velocity:” “MIAS Wired was designed to bring the feel and excitement of the live auto show to the virtual space. Mapped out with high-resolution cameras, the 3D booths are the closest we can have MIAS visitors to the onsite show this year. The 17 car brands that joined welcomed the chance to have a full virtual showroom within MIAS Wired.”
It was certainly a different experience to have waited for and sat through the opening ceremonies last Dec. 16 in front of my laptop screen instead of at the World Trade Center in Pasay City. Familiar MIAS faces such as our “Velocity” columnist James Deakin (who hosted again this year), Automobile Association Philippines President Gus Lagman, and, of course, Worldbex Services International Founding Chairman Joseph Ang led the proceedings, with guests from government including Metropolitan Manila Development Authority (MMDA) Chairman Danilo Lim and House Speaker Lord Allan Velasco. President Rodrigo Duterte also sent a letter expressing his support to MIAS.
Speaker Velasco said, “We must use this platform to its fullest gear to salvage the economy,” and described the pivot to digital as a “new way of fulfilling the passion for cars (through) a one-of-a-kind virtual marketplace.” The lawmaker also said that the country is undergoing “recession like the rest of the world… we need support from consumers and enthusiasts.”
Gus Lagman described MIAS Wired similarly as “fulfilling the need of car enthusiasts and motorists,” and expressed gratitude to the organizers that “despite the problems of this year, they’re able to conduct a virtual car show.”
Meanwhile, MMDA’s Danny Lim reminded the public of the need for “more responsible car owners for (government) programs to work.”
To be honest, there was hardly any unveiling at the MIAS. Rather, highlighted models were previously launched earlier in the year. I suspect this is a function of the rescheduling. Remember, of course, that we’re at the end of the 2020 (yay!), so most, if not all, brands have rolled out their planned releases for the year. Still, as I’ve always said, we’ll take all the wins and triumphs we can get our hands on. During these darkest of moments, the smallest points of light shine the brightest.
Back to MIAS Wired, it’s important to think about it not just as a stop-gap, but a potential additional platform or expression of the auto show even if conditions allow the physical holding of the spectacle.
Said co-organizer Alvin Uy, “We’ll most likely continue with the virtual package for exhibitors to extend the range of the event to make it national and even international. On the national level, it helps to promote car buying in provincial dealers of the exhibitors; the international presence benefits the strong car-buying market composed of OFWs.”
Underscored Mr. Ang, “We plan to continue offering this feature even when the onsite MIAS returns, hopefully next year. We think that this type of hybrid show may be the key to getting more visitors and allowing them to connect effectively to the automakers.”
MIAS Wired also had the expected complement of activities and spectacles such as the Classic and Custom Car Competition, the Formula V1 Virtual Cup and Formula V1 Fantasy League, Road Safety Academy by JP Tuason, virtual booths, 3D showrooms, and more.
I had the honor of digitally participating in a “watch talk” with Calibre Magazine Editor-in-Chief Carl Cunanan and watch aficionado Leonard Sytat.
For sure, nothing will replace the sight, smell, and sensation of a real live event, but given the limitations that the pandemic necessitates, MIAS Wired surely delivered a spectacle that showed us we can have our cake and eat it, too — even if it is a smaller slice.
The Court of Tax Appeals denied for lack of merit the petition for review of the Bureau of Internal Revenue (BIR) over the ruling declaring as void the P1.05-billion tax assessment against Marketing Convergence, Inc. for 2010.
In an 18-page decision dated Dec. 3, the court, sitting en banc, affirmed the January 2019 ruling and July 2019 resolution of its special first division reversing and setting aside the tax assessment against the company for being assessed by revenue officers who lacked the authority to do so.
The court said the grounds raised are “mere restatements” of previous arguments and “already have been exhaustively discussed” in the previous decision.
The court upheld the ruling that the tax assessments are void as the revenue officers (RO) who audited the company’s book of accounts were not authorized through a letter of authority (LoA).
It said that an LoA was issued for the assessment of Marketing Convergence, but was reassigned twice through memorandum of assignment for other revenue officers to continue the audit. The officers assigned in the MoA found the company liable for P1.05 billion in 2010.
“Considering that the original LOA did not reflect or carry the names of the aforementioned ROs to conduct respondent’s audit and assessment pursuant to an LOA, the Special First Division correctly cancelled petitioner’s assessment,” it said.
The court also opposed the claim of the bureau that a new LoA is unnecessary in reassignment and MoAs would be sufficient pursuant to Revenue Memorandum Order No. 8-2006, saying it has ruled that revenue officers not named in the LoA is ”devoid of authority” to conduct audit investigation.
A new LoA must be issued not merely a memorandum when there is change in revenue officers, it said.
The BIR also said the Supreme Court ruling cited is not applicable to the case due to factual difference.
The court said its division did not err in applying the case where the Supreme Court interpreted Section 6(A) of the Tax Code that a valid grant of authority from the commissioner or his authorized representative is needed for an officer to conduct an assessment. The authority is through an LoA under Section 13 of the Tax Code.
The court also said the RMO No. 43-90 required a new LoA in cases of reassignment of cases to another officer.
“Considering that the FDDA (final decision on disputed assessment) dated February 2016, which was issued pursuant to an examination conducted by ROs who were not authorized to conduct such examination via LOA, the said assessment is void,” it said.
The court also said that it is allowed to resolve issues not raised by the parties, such as the issue on lack of authority of the revenue officers, contrary to the claim of the BIR that it should not have been considered by the division as it was not raised by the company in the administrative level and its original petition.
Marketing Convergence said it disagrees with the claim of the BIR that a new LoA is not required for reassignment and the case cited by the court is applicable to the case.
The BIR filed the petition for review in August 2019 and submitted the case for decision in December that year. The court referred the case to the Philippine Mediation Center-CTA for mediation, but the parties decided not to have their case mediated by the center.
Marketing Convergence filed a motion for suspension in January, saying the parties are exploring the possibility of a compromise agreement, which the bureau did not object to in its comment.
It issued a second motion in July this year to give the parties 30 more days to discuss the settlement. A resolution was then issued asking the bureau to comment. But as of October, the court said the agency failed to file any comment.
The court in November denied the motion saying it is prohibited under the Rules of Civil Procedure and the period to decide the case is about to lapse. The parties failed to submit any compromise agreement before the promulgation date, it said. — Vann Marlo M. Villegas
THE “SAND DOLLAR” was launched in October, with users coming aboard in the subsequent weeks. — FREEPIK
LONDON — It didn’t seem like a revolution.
A botanical green smoothie and a snapper fish burger, it was. In a Bahamas health-food café.
But future generations might look back at this as a pivotal moment — the first national launch of a technology that could upend commercial banking and even shake the US dollar’s status as the world’s de facto currency.
The refreshments were among the first items bought using the “Sand Dollar,” a digital currency issued by the Bahamian central bank for use across the country via an app.
“It’s instant — I get a message, and it’s received,” said Dawn Sands, owner of NRG, the café in the capital Nassau, showing Reuters via video how sales work. “Once people get comfortable and educated, I think it’s going to be big.”
While this experiment in the archipelago nation of around 390,000 people is modest in itself, it is likely being closely watched by major central banks across the world, from the US Federal Reserve and European Central Bank to the People’s Bank of China and Bank of England.
They have been looking at issuing their own digital coins, having found themselves in a tricky position as the use of physical cash dwindles.
They are wary of a blockchain-based technology like bitcoin conceived to banish central banks, but reluctant to miss the boat on a potential game-changer and cede the field to Big Tech offerings like the Facebook-backed Diem, formerly Libra.
Smaller nations such as Cambodia have also, meanwhile, forged ahead with their own projects in digital currencies, which promise to extend financial services to people currently lacking access to banking, especially in the developing world.
The Bahamian scheme offers clues for other economies on how central bank digital currencies (CBDCs) can be introduced and work in practice — from getting users on board to helping businesses avoid costly payments fees.
“Everybody is interested in it — I think it’s arguably the first step,” said Philip Middleton, deputy chairman of the OMFIF central banking think-tank in London.
“If I’m looking for lessons learned for the big boys, it’s the whole education piece — if this is successful, how have you persuaded the population to use this?”
The Sand Dollar was launched in October, with users coming aboard in the subsequent weeks.
One of its core aims is to boost access to financial services to people in the archipelago, whose complex geography of 700 islands and remote keys throws up challenges in securely distributing cash. Payments are also a key area.
At the NRG café, Ms. Sands said the technology would help smaller business avoid fees charged by credit card companies. She said she was charged around 4% on credit and debit card sales of omelettes, panini and the like: “For a small business, 4% is a very big hit.”
The virtual coin is issued by the Central Bank of The Bahamas to digital wallets held by an initial tranche of six licensed money-transfer and payment firms. Through them, people and businesses can then access, hold and spend coin via an app.
Three other companies, including a commercial bank, are undergoing checks for entry to the scheme, the central bank said, without giving further details.
The early signs are positive, though there are only $130,000 worth of Sand Dollars in circulation at present, central bank data show, compared with $508 million worth of traditional Bahamas dollars.
Interviews with the Central Bank of The Bahamas, Sand Dollar users and three of the financial firms offering the tech suggest that, so far, it is functioning as a way to pay.
“We have merchants right now that have come on board in terms of integrating it into their system for persons to be able to purchase products for them,” said Deirdre Andrews of Omni Financial Group, a money transfer firm.
“The start of it is the movement of money back and forth.”
‘SAFE IN AGE OF COVID’ To introduce the virtual currency, the central bank launched a social-media campaign on Instagram, where its workers discuss their experience of the pilot scheme.
“A key lesson is that stakeholder engagement is important,” said John Kim, general counsel for NZIA, the tech firm that developed the Sand Dollar. “You can say, ‘adoption is important,’ but people need to use it — people need to get integrated into this.”
CBDCs are different from cryptocurrencies like bitcoin, though both are based on blockchain technology. They are issued by a central bank while bitcoin is produced by “miners” solving maths puzzles, with no central authority.
They are a complete replacement for notes and coins, also differing from electronic cash used to pay with cards or PayPal, which is merely a representation of physical money. If there is a major shift from credit and debit cards to CBDCs, big payments firms and banks could see lucrative fees charged to process transactions evaporate.
Bigger tests await with other larger CBDCs, with China the most advanced among major economies with it digital yuan — something it hopes could reduce its dependence on the global dollar payment system.
The Bahamian coin also doesn’t allow individuals to hold accounts directly with the central bank — which could drain deposits from commercial lenders and shake their business models.
As such the project offers few clues to the impact of CBDCs on traditional financial firms, a key area of interest for major economies as they weight the risks of the technology.
Kimwood Mott, who is overseeing the project at the central bank, said one attraction for many business owners had been the prospect of avoiding physical cash during the pandemic.
“It’s fast, seamless and — in the age of COVID — it’s safe.” — Reuters