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CA rejects illegal dismissal claim filed by temps

PHILSTAR FILE PHOTO

THE COURT OF APPEALS (CA) rejected an illegal dismissal charge filed by manpower agency workers against a firearms manufacturer and their agency, upholding earlier rulings by a labor arbiter and the National Labor Relations Commission (NLRC). According to the ruling issued by the third division on Nov. 1, ”Findings of fact of administrative agencies and quasi-judicial bodies, which have acquired expertise because their jurisdiction is confined to specific matters, are generally accorded not only great respect but even finality.”

It added that determinations of fact are beyond the scope of a Rule 65 certiorari petition.

“Where a petition fails to fully satisfy, prima facie, the requirements of the limited, exceptional, extraordinary remedy of a special civil action for certiorari, a resolution for its dismissal should be issued outright,” it said.

The tribunal found that NLRC did not commit grave abuse of discretion, contrary to the petitioners’ claim, finding no evidence of arbitrariness, caprice, or whim on the part of the NLRC.

The case stems from employees who filed an illegal dismissal complaint against the firearms company and the manpower services firm after they were dismissed in September 2023. They alleged the company colluded with the agency to deny them regular employment status and benefits.

The company argued that it entered into a service agreement with the agency for staff responsible for auxiliary tasks at its manufacturing facility.

It said there was no employer-employee relationship, identifying the manpower agency as their employer of records.

The agreement between company and the agency ended in September 2023, a month after, the firearms company received the illegal dismissal complaint.

The manpower agency said upon the expiration of an agreement, it informs employees of options such as redeployment, temporary layoff or resignation. The petitioners refused the options and filed a complaint instead with the NLRC.

The labor arbiter and the NLRC found the complaint without merit, adding the plaintiffs were not dismissed but placed on a floating status instead.

Under the Labor Code, “floating status” may be considered a form of temporary layoff as long as it does not exceed six months. The petitioners filed their complaint after a month of being put in floating status, well within the six-month window. — Chloe Mari A. Hufana

Robbie Williams hopes Better Man film will help viewers heal

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LONDON — British singer-songwriter Robbie Williams’ turbulent life story served as inspiration for the musical movie Better Man, in which the pop star is portrayed as a CGI monkey.

The semi-autobiographical drama follows Mr. Williams’ journey from childhood to global stardom. The “Angels” and “Rock DJ” musician, whose biggest hits are incorporated in the movie, lends his voice to the main character.

Attending the film’s premiere in London on Wednesday, Mr. Williams, who was also the subject of a Netflix documentary last year, said sharing his story came easy.

“I never stop opening up about my past. It’s how I socialize. You tell me about your childhood trauma, I tell you about my childhood trauma, and we get along. It’s par for the course for me,” Mr. Williams, who turned 50 in February, said.

“Music heals, entertainment heals. And I hope that in some way this film is a healing process for people. I know it’s a lofty ambition and some people at home could be going ‘ugh, okay, of course’ but I mean it.”

Better Man sees a teenage Mr. Williams joining the 1990s boy band Take That, his substance abuse, and differing views leading to him leaving the group and launching a successful solo career, while crippled by depression and addiction.

It also depicts the highs and lows of his relationship with All Saints singer Nicole Appleton and the feuds with Take That’s Gary Barlow and Oasis brothers Liam and Noel Gallagher.

Directed and co-written by The Greatest Showman filmmaker Michael Gracey, Better Man was born out of a series of informal interviews in Mr. Williams’ recording studio not initially intended for a movie.

The idea for the movie’s unusual approach came naturally, Mr. Gracey said. The CGI monkey version of Mr. Williams is played by actor Jonno Davies, who wore a performance capture suit throughout the shoot.

“For someone who sees themselves as a performing monkey, it made a lot of sense,” said Mr. Gracey. “I think you see more of Robbie in the monkey. I think you have more empathy for the monkey and I think creatively it makes it really compelling.”

Mr. Williams, who released a new song from the film’s soundtrack titled “Forbidden Road” last week and will embark on a UK and European tour in 2025, teased more new music was on the way.

“New music is coming out, depending on how well this film does. If the film does really well, sooner, if it doesn’t, later.”

Better Man begins its global cinematic rollout on Dec. 25. — Reuters

Brics+ countries are determined to trade in their own currencies — but can it work?

FREEPIK

(Brics+ countries are exploring how they can foster greater use of local currencies in their trade, instead of relying on a handful of major currencies, primarily the US dollar and the euro. The forum for cooperation among nine leading emerging economies — Brazil, China, Egypt, Ethiopia, India, Iran, Russian Federation, South Africa, United Arab Emirates — emphasized this determination at their 16th summit in October 2024. Economist Lauren Johnston recently wrote a paper on this development. The Conversation Africa asked her for her insights.)

Why do Brics+ countries want to trade in local currencies?

There are economic and political reasons to use local currencies.

Using local currencies to trade among themselves will lower the transaction costs and reduce these countries’ dependence on foreign currencies.

Over the past few centuries, the world’s economy has developed in a way that makes certain currencies more valuable and widely trusted for international trade. These include the US dollar, the euro, the Japanese yen, and the British pound. These currencies hold value around the world because they come from countries with strong economies and a long history of trading globally.

When people or countries trade using these currencies and end up collecting or holding them, they consider it “safe” because the value of these currencies remains stable and they can be easily used or exchanged anywhere in the world.

But for countries in the global south, like Ethiopia, whose currency (the birr) isn’t widely accepted outside its borders, trading is far more difficult. Yet these countries struggle to earn enough of the major currencies through exports to buy what they need on international markets and to repay their debts (which tend to be in those currencies). In turn, the necessity of trading in major currencies, or the inability to trade in them, can create challenges that slow down economic growth and development.

Therefore, even some trade in local currencies between Brics+ members will support growth and development.

Oil exporter Russia is a unique case. Though there are fewer foreign currency constraints overall, Russia faces extensive financial sanctions for its war of aggression against Ukraine. Using a variety of currencies in its foreign transactions may make it easier to get around these sanctions.

Politically, the reasons for using other currencies primarily relates to freedom from sanctions.

One of the tools for making sanctions work is an international payments systems known as Swift (Society for Worldwide Interbank Financial Telecommunication). Swift was founded in 1973 and is based in Belgium. It enables secure and standardized communication between financial institutions for international payments and transactions. And it’s almost the only way to do this.

It was first used to impose financial sanctions on Iran in 2012, and has since been used to impose sanctions on Russia and North Korea.

If a country is cut off from Swift, it faces disruptions in international trade and financial transactions, as banks struggle to process payments. This can lead to economic isolation and challenges in accessing global markets.

The reality, and possibility, of exclusion from Swift’s payments system is one of the factors galvanizing momentum towards a new payments system that also relies less on the currencies of the countries that govern Swift — like the euro, Japanese yen, British pound, and US dollar.

What are the likely challenges they will face?

The Brics+ plan to use local currencies faces some hurdles.

The central problem is the lack of demand for most currencies internationally. And it’s hard to supplant the international role of existing major currencies.

If, for example, India accumulates Ethiopian birr, it can mainly only use them in trade with Ethiopia, and nowhere else. Or, if Russia allows India to buy oil in rupees, what will it do with those rupees?

Since most countries seeking alternatives to dollar dependence tend to sell more than they buy from other countries, or are lower-income importers, they must consider what currencies to accumulate via trade.

When it comes to payment systems, at least, alternatives are emerging.

Brics+ is creating its own, Brics+ Clear. Some 160 countries have signed up to using the system. China also has its own, Cross-border Interbank Payment System, which broadly works the same way as Swift.

There’s a risk, though, that these payment methods could merely fragment the system and make it even more costly and less efficient.

Has trading in local currencies been done elsewhere?

Not all trade is done in major western currencies.

For example, in southern Africa, within the Southern African Customs Union, the South African rand plays a relatively important role in cross-border trade and finance. Just as in southeast Asia the currencies of Singapore and Thailand compete to be the dominant currency in the sub-region.

China — the world’s biggest exporter and producer of industrialized goods — is also signing bilateral currency swap agreements with countries. The goal is greater use of the renminbi in the world.

As a means of circumventing sanctions, India and Russia recently trialed using the rupee to trade. Russia’s oil exports to and through India have risen strongly since the Ukraine war and some 90% of that bilateral trade takes place in the rupee and rouble. This leaves Russia with a challenge — what to do with all the rupees it has accumulated. These deposits are sitting in Indian banks and being invested in local shares and other assets.

Another example of efforts to side-step major international currencies is China’s model of “barter trade.” The model works like this: China exports, for instance, agricultural machinery to an African country and receives payment in that country’s currency. China then uses that currency to buy goods from the same country, which are then imported back to China. After these goods are sold in China, the Chinese trader is paid in renminbi.

Ghana is one country involved in this barter model. Challenges facing the model include the digitization of payments and trade, and trust – high levels are needed to establish and maintain relationships between trading parties as individuals and as businesses. It also requires some level of centralization and coordination, but lacks strong laws, regulations, and industry standards. This means that different platforms and enterprises may not be compatible, which can add to transaction time and costs.

Another example is when Chinese investors in Ethiopia make profits in birr. They use these birr to buy Ethiopian goods, like coffee, and export the goods to China. In China, when they sell these goods, they receive renminbi. So they transfer their profits from Ethiopia to China by increasing Ethiopia’s exports to China.

Anecdotal reports suggest this is feasible at a small scale but has relatively high coordination costs.

There could be other challenges. For example, if Chinese buyers pay Ethiopian coffee farmers in their local currency, instead of US dollars, it could lead to fewer dollars being available overall. Some international transactions still rely heavily on dollars.

How should Brics+ nations structure their arrangement?

There is no simple, or easily scalable, solution to moving past the reliance on major international currencies or circumventing Swift.

A fast, digital payment system is needed. This system would calculate and balance currency demand efficiently. It must also be reliable, replace parts of the current system, and not create extra costs for countries that aren’t using it yet.

Although some Brics+ members, like Russia, may have more interest in fast-tracking change, this may be less in the interest of other Brics+ members. A move away from Swift, for instance, requires buy-in from local financial institutions, and those in African countries may not be under pressure to shift to a new lesser-known platform.

Given these challenges, I argue that Brics+ should progress incrementally. What can happen soon, though, is to conduct some trade in local currency.

 

Lauren Johnston is an associate professor at the China Studies Centre, University of Sydney.

Meralco teams up with South Korean power utility for smart metering advancement

(L-R) Meralco Vice-President and Head for Revenue Assurance and Metering Services Marvin G. Gonsalves, KEPCO Corporate Senior Vice-President, Chief Safety Officer, and Chief Operation Officer Lee Jun Ho, and KEPCO KDN Vice-President for Electric Power Intelligence Safety Division Kim Yong Ho.

MANILA Electric Co. (Meralco) has partnered with South Korean power utility Korea Electric Power Corp. (KEPCO) and its Knowledge Data Network (KDN) to advance the use of “smart metering” technologies.

In a statement on Thursday, Meralco said it signed a memorandum of understanding (MoU) with KEPCO and KDN to facilitate knowledge sharing on the use of digital technology and emerging business trends in the cities of Seoul and Manila.

The partnership also seeks to promote cooperation for participation in the smart metering business, as well as collaboration in securing local partners and networks in both countries.

The MoU also covers cooperation in understanding the technologies of the parties involved through training.

“Our collaboration with KEPCO and its KDN forms part of our efforts to leverage new technologies and continuously find innovative ways to make Meralco’s service more reliable and efficient for the benefit of our customers,” Meralco Vice-President and Head for Revenue Assurance and Metering Services Marvin G. Gonsalves said.

KEPCO is the largest electric utility company in South Korea, responsible for the generation, transmission, and distribution of power.

Since 2021, Meralco has been integrating smart metering technologies into its distribution network to improve operational efficiency, enhance grid reliability and resiliency, as well as empower its customers.

Smart meters allow electricity consumers to monitor their power consumption in real time.

In September last year, Meralco said it would pilot test about 5,000 smart meters as part of its advanced metering infrastructure program.

“As a leader in the energy industry, Meralco actively invests in the improvement of its distribution network to deliver reliable, stable, and safe electricity service to its eight million customers,” the company said.

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 an interest in BusinessWorld through the Philippine Star Group, which it controls. — Sheldeen Joy Talavera

​Coins.ph records increases in trading volume, users in November following Bitcoin’s surge

CRYPTOCURRENCY exchange Coins.ph saw its trading volume grow by more than 10 times year on year and also recorded an increase in its users in November after Bitcoin’s value reached record highs.

“Coins.ph has become synonymous with trust, innovation, and excellence. As Bitcoin makes headlines worldwide, we are proud to provide Filipinos with the best platform to capitalize on this historic moment,” Coins.ph Chief Executive Officer Wei Zhou said in a statement.

Bitcoin rose 5.05% to $96,286 at 2130 GMT on Wednesday, adding $4,633 to its previous close, Reuters reported.

Bitcoin, the world’s biggest and best-known cryptocurrency, is up 150.3% from the year’s low of $38,505 on Jan. 23.

Aside from Bitcoin’s surge, Coins.ph growth was also driven by its peso-to-crypto features and global expansion.

“Riding on Bitcoin’s historic surge to new all-time highs, Filipinos are returning to the crypto market in droves, and Coins.ph is leading the charge with its unrivaled features, ease of use, and commitment to financial empowerment,” Coins.ph said.

The crypto exchange said it is set to launch new products and expand its services further in the coming months.

Coins.ph in May received sandbox approval from the Bangko Sentral ng Pilipinas (BSP) for PHPC, a peso-based stablecoin.

Stablecoins are pegged to a fiat currency or commodity to give it a stable value, unlike other cryptocurrencies like Bitcoin or Ethereum, which have volatile prices as they are not backed by assets.

PHPC will remain at a stable value of one-to-one to the peso and backed by cash and cash equivalents stored in Philippine bank accounts.

Coins.ph now also has over 120 peso-trading crypto exchange pairs.

“We are taking the Coins.ph experience to the world showing the best of what the Philippines has to offer. With a strong capital position to expand globally, and historic growth locally we are well positioned to be a leader not just here in the Philippines, but internationally as well,” Mr. Zhou said. — Aaron Michael C. Sy with Reuters

Megawide Construction Corp. announces Special Stockholders’ Meeting on Dec. 10 via remote communication

 


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Trump asked to spare farm workers from deportation

REUTERS

WASHINGTON — US farm industry groups want President-elect Donald Trump to spare their sector from his promise of mass deportation, which could upend a food supply chain heavily dependent on immigrants in the US illegally.

So far Mr. Trump officials have not committed to any exemptions, according to interviews with farm and worker groups and Mr. Trump’s incoming “border czar” Tom Homan.

Nearly half of the nation’s approximately two million farm workers lack legal status, according to the departments of Labor and Agriculture, as well as many dairy and meat-packing workers.

Mr. Trump, a Republican, vowed to deport millions of immigrants in the US illegally as part of his campaign to win back the White House, a logistically challenging undertaking that critics

say could split apart families and disrupt US businesses.

Mr. Homan has said immigration enforcement will focus on criminals and people with final deportation orders but that no immigrant in the US illegally will be exempt.

He told Fox News on Nov. 11 that enforcement against businesses would “have to happen” but has not said whether the agricultural sector would be targeted.

“We’ve got a lot on our plate,” Mr. Homan said in a phone interview this month.

Mass removal of farm workers would shock the food supply chain and drive consumer grocery prices higher, said David Ortega, a professor of food economics and policy at Michigan State University.

“They’re filling critical roles that many US-born workers are either unable or unwilling to perform,”  Mr. Ortega said.

Farm groups and Republican allies are encouraged by the incoming administration’s stated focus on criminals.

Dave Puglia, president and CEO of Western Growers, which represents produce farmers, said the group supports that approach and is concerned about impacts to the farm sector if a deportation plan was targeted at farm workers.

Trump transition spokesperson Karoline Leavitt did not directly address the farmer concerns in a statement to Reuters.

“The American people re-elected President Trump by a resounding margin giving him a mandate to implement the promises he made on the campaign trail, like deporting migrant criminals and restoring our economic greatness,” Ms. Leavitt said. “He will deliver.”

Mr. Trump announced on Saturday that he would nominate Brooke Rollins, who chaired the White House Domestic Policy Council during his first term, to become agriculture secretary.

Agriculture and related industries contributed $1.5 trillion to the US gross domestic product, or 5.6%, in 2023, according to the US Department of Agriculture.

In his first administration, Mr. Trump promised the farm sector that his deportation effort would not target food sector workers, though the administration did conduct raids at some agricultural worksites, including poultry processing plants in Mississippi and produce processing facilities in Nebraska.

US Representative John Duarte, a Republican and fourth-generation farmer in California’s Central Valley, said farms in the area depend on immigrants in the US illegally and that small towns would collapse if those workers were deported. 

Mr. Duarte’s congressional seat is one of a handful of close races where a winner has yet to be declared.

Mr. Duarte said the Trump administration should pledge that immigrant workers in the country for five years or longer with no criminal record will not be targeted and look at avenues to permanent legal status.

“I would like to hear more clearly expressed that these families will not be targeted,” he said.

Farmers have a legal option for hiring labor with the H-2A visa program, which allows employers to bring in an unlimited number of seasonal workers if they can show there are not enough

US workers willing, qualified and available to do the job.

The program has grown over time, with 378,000 H-2A positions certified by the Labor department in 2023, three times more than in 2014.

But that figure is only about 20% of the nation’s farm workers, according to the USDA. Many farmers say they cannot afford the visa’s wage and housing requirements. Others have year-round labor needs that rule out the seasonal visas.

Farmers and workers would benefit from expanded legal pathways for agricultural laborers, said John Walt Boatright, director of government affairs at the American Farm Bureau Federation, a farmer lobby group.

“We need the certainty, reliability, and affordability of a workforce program and programs that are going to allow us to continue to deliver food from the farm to the table,” said John Hollay, director of government relations at the International Fresh Produce Association, which represents produce farmers.

For decades, farm and worker groups have attempted to pass immigration reform that would enable more agricultural workers to stay in the US, but the legislation has failed so far.

The risk of enforcement against farms is likely low because of the necessity of the workers, said Leon Fresco, an immigration attorney at Holland & Knight.

“There are some very significant business interests that obviously want agricultural labor and need it,” he said.

But for farm workers, the fear of enforcement can create chronic stress, said Mary Jo Dudley, director of the Cornell Farmworker Program, which is training workers to know their rights if confronted by immigration officials.

If there are again raids on meat-packing plants, immigration enforcement should take precautions to avoid detaining workers in the country legally, said Marc Perrone, international president of the United Food and Commercial Workers union, which represents some meat-packing workers.

Edgar Franks, a former farm worker and political director at Familias Unidas por la Justicia, a worker union in Washington state, said the group is seeing new energy from workers to organize.“The anxiety and fear is real. But if we’re together, there’s a better chance for us to fight back,” he said. — Reuters

Entertainment News (11/29/24)


Dionne Warwick coming to Manila

GRAMMY AWARD winner Dionne Warwick is coming to Manila for a special concert, One Last Time…, together with her band on Jan. 24, 2025 at the New Frontier Theater in Quezon City. Tickets are now on-sale at TicketNet.com.ph and TicketNet outlets nationwide. The concert is presented by Wilbros Live. Ms. Warwick will be performing her greatest hits and favorite songs including classic hits like “Walk On By,” “Don’t Make Me Over,” “I’ll Never Love This Way Again,” “Alfie,” “That’s What Friends Are For,” “I Say a Little Prayer,” “I’ll Never Fall in Love Again,” “Do You Know The Way to San Jose,” “What The World Needs Now” and many more. She is currently working on a gospel album. The first single, “Peace Like a River,” is a duet with Dolly Parton. The Dionne Warwick: Don’t Make Me Over documentary is currently streaming on HBO Max.


Cat adoption, toy jeepneys at Araneta City

ARANETA CITY, along with City Cats of Cubao will be holding a cat adoption drive. This will be held on Nov. 30, 10 a.m. to 8 p.m., at the MacArthur Activity Area of Ali Mall. Meanwhile, a Toy Jeep Competition will be held from Nov. 30 to Dec. 1, 11 a.m. to 7 p.m., at Level 3 of the Farmers Plaza Bazaar Extension, Farmers Plaza. The event will feature the top 40 toy jeepney makers from the National Capital Bulacan, and Rizal as they showcase their crafting skills in making toy jeeps. Over at the Gateway Cineplex 18 Lobby, Gateway Mall 1, Coca-Cola’s Santa Snow Globe will go on exhibit from Nov. 28, 2024 to Jan. 11, 2025. Over at the Expo Centro Parking, Farmers Garden, the Parolan, a space where the traditional Christmas lanterns can be enjoyed and bought, is open daily from 6 a.m. to 9 p.m. until Dec. 31. Meanwhile, Araneta City will be holding regular events throughout the Christmas season. A Santa & Friends Meet and Greet is held Fridays to Sundays at 4p.m., while a Fireworks Display happens on those days at 7 p.m. At 4 p.m. on Sundays, there is a Mascot Parade. The various malls and attractions in Araneta City will have special operating hours over the holiday season. Fiesta Carnival, Gateway Malls 1 and 2, Farmers Plaza, and Ali Mall will be open from 11 a.m. to 10 p.m. on Mondays to Fridays; from 10 a.m. to 10 p.m. on Saturdays, Sundays, and holidays; from 9 a.m. to 7 p.m. on Dec. 24 and 31; from noon to 10 p.m. on Dec. 25 and Jan. 1; and from 10 a.m. to 10 p.m. on Dec. 26 to 30.


Anne Curtis figure in Madame Tussauds HK

MADAME TUSSAUDS Hong Kong (HK) is an attraction featuring wax displays of individuals who important in their craft. Filipina actress Anne Curtis has now joined this lineup, becoming the newest Filipino to be displayed at Madame Tussauds’ star-studded halls. Her waxwork figure is dressed in an elegant cream-colored Dior gown donated by the actress. It was unveiled on Nov. 27 in Makati and will go on view in the Hong Kong branch of the waxworks starting Dec. 9. The figure will be displayed at the Hong Kong Glamour Zone, alongside Hollywood A-listers Brad Pitt, Nicole Kidman, Lady Gaga, Chris Hemsworth, and more. Other Filipino icons in that section are Miss Universe 2015 Pia Wurtzbach, Miss Universe 2018 Catriona Gray, and boxer Manny Pacquiao. Among the actress’ many films and TV series over her 25-year career are No Other Woman, BuyBust, Dyosa, Dyesebel, ’Wag Kang Lilingon, and Sid & Aya: A Love Story. She is also a celebrity advocate for Children of UNICEF Philippines. For admission tickets and more information, visit https://www.madametussauds.com/hong-kong/en/.


Sale at Newport World Resorts

IN TIME for the holiday rush and in celebration of Pasay City’s 161st founding anniversary on Dec. 2, Newport World Resorts will be holding a sale from Nov. 29 to Dec. 2. Style-savvy shoppers score discounts of up to 70% off on chic apparel and accessories from brands like Giordano Ladies, Swarovski, Mango, and more. Tech enthusiasts snag deals at Beyond the Box with up to 50% off on selected gadgets and accessories. For watch aficionados, Segna Tempo, Longines, and Tissot are offering discounts up to 60% off on selected timepieces. Diners will get a free dessert at Tao Yuan with no minimum spend required. Over at The Grove 2F Newport Mall, the first Mega Saver Holiday Sale, in partnership with Megasavers Appliances, offers shoppers even more deals. Discounts of up to 30% will be offered on appliances, gadgets, and furniture from Samsung, LG, Apple, and more. Epic Rewards members enjoy special perks like Epic Points payment for purchases and delivery fees. For more information on the Holiday Sale event at Newport World Resorts, visit www.newportworldresorts.com and follow @newportworldresorts on Facebook, Instagram, and TikTok.


Björn Again coming to Singapore

THE ABBA show, Björn Again, is coming to the Sands Theater, Marina Bay Sands, Singapore for three performances on July 4 and 5, 2025. Presented by Base Entertainment Asia in association with The Music Group, tickets are now on sale via Marina Bay Sands Ticketing, SISTIC and Klook. The show includes performances of ABBA’s biggest hits, from “Dancing Queen,” “Mamma Mia,” “Gimme! Gimme! Gimme! (A Man After Midnight)” and “SOS” to iconic ballads like “The Winner Takes It All,” “Fernando,” and “Knowing Me, Knowing You.”


Mind Rover tours the Philippines

THE MIND MUSEUM has partnered with 2GO, a logistics solutions provider, to bring STEAM (Science, Technology, Engineering, Arts, and Math) learning experiences to kids across the Philippine islands through the Mind Rover. The Mind Rover is a custom-built museum bus which measures over 12 meters, filled with interactive science exhibits, equipped for workshops and science shows led by The Mind Museum’s team of Mind Movers, which will visit communities in the various islands of the archipelago. The first leg under this partnership was in Bacolod. The “mind roving journey” is always FREE of charge to the communities it serves. Follow the Mind Rover’s journey @TheMindMuseum Facebook and Instagram. Parties that are interested to help bring The Mind Rover to the Visayas and Mindanao or have beneficiaries in mind can e-mail inquiry@themindmuseum.org for more details.

Buffett’s life advice may be more valuable than his portfolio

FREEPIK

ON MONDAY, Warren Buffett announced that he was donating more than $1 billion in Berkshire Hathaway, Inc. shares to four family foundations — a continuation of his commitment to give away the vast majority of his wealth to charity rather than pass it on to his family.

With the announcement, Buffett put out a memo that was less about the nuts and bolts of the donation than the importance of getting your affairs in order at the end of your life. Close readers of Buffett know that this is his MO. Below the surface, his musings are often steeped with advice about leadership and management.

But at 94, Buffett is clearly thinking about his mortality and acknowledges that “father time always wins.” More than ever, he seems determined to pass on not just lessons about what makes a good investment but what makes a good life. Here are my takeaways:

Don’t create dynasties (or nepo babies). Buffett mentions more than once in his memo that he does not believe in dynastic wealth. “Parents should leave their children enough so they can do anything but not enough that they can do nothing,” he writes. Two out of his three kids are on Berkshire’s board, but none are in management — nor will any of them ever become CEO.

Contrast this with the nepo baby moment we are seeing in other parts of the business world as a generational shift in power takes place at family-run companies. (For those not fluent in internet-speak, a nepo baby is someone whose career benefits from the wealth or connections of successful parents.) The result often is infighting, a la Estée Lauder Cos. and News Corp., or a tendency to put the wrong person in charge (see: Tyson Foods Inc.). Tasking your children with giving away massive sums of a family’s wealth rather than accumulating more of it seems like a healthier way to live.

Acknowledge your good fortune. Buffett leans toward self-effacement, and more often credits his success with his good luck than he does with his genius. He writes that his lucky streak “began in 1930 with my birth in the United States as a white male,” adding that, “So favored by my male status, very early on I had confidence that I would become rich.”

This mentality — that his lot in life has had an outsized-impact on his prosperity — is what’s motivated him to pass along his wealth “to others who were given a very short straw at birth.” It likely has also prevented a lot of hubris and the kind of unforced errors that can come with it.

Be transparent about your plans for the future. Buffett says that every parent should have their children read their will, explain why they made certain decisions, and adopt their feedback when it makes sense. “I saw many families driven apart after the posthumous dictates of the will left beneficiaries confused and sometimes angry,” he writes. “I also witnessed a few cases where a wealthy parent’s will that was fully discussed before death helped the family become closer.”

Buffett has taken the same approach to succession planning at Berkshire, where his transparency has prevented a lot of drama. As I’ve written before, a CEO handoff should be without mystery and as boring as possible. The same goes for a will.

Live below your means. Buffett has long extolled the magic of compounding, describing it as akin to a snowball rolling downhill picking up speed and mass. In his memo, he writes that the real payoff comes in the final 20 years of life. The famously frugal Buffett — he lives in the same house in Omaha he bought in 1958 — has amassed a huge amount of savings, or as he dubs it, “units of deferred consumption.” That’s allowed the snowball to grow even bigger, accumulating more money for him to give away.

Tell your kids you’re proud of them. That’s what Buffett does at the end of his letter. No notes.

BLOOMBERG OPINION

Manila Water signs P10-B loan deal with China Banking Corp.

MANILA WATER

RAZON-LED Manila Water Co., Inc. has signed a 10-year term loan facility worth P10 billion with China Banking Corp. to fund its projects, the east zone concessionaire said on Wednesday.

“The loan will be used to finance Manila Water’s capital expenditure (capex) projects,” the company said in a stock exchange disclosure.

In 2022, Manila Water said that it had earmarked P181 billion in total planned expenditures, with P105 billion for capex for water and wastewater projects and P76 billion for operating expenditures.

As of September, the company’s capex reached P16.7 billion, with the east zone concession accounting for 90% of the total capex at P15.1 billion.

In December last year, Manila Water secured a P7 billion term loan facility with Land Bank of the Philippines and a P10-billion loan extended by Metropolitan Bank & Trust Co.

Both 10-year term loan facilities were intended to fund capex projects.

In a separate statement, Manila Water said it is upgrading its biological nutrient removal (BNR) system at its East Avenue Sewage Treatment Plant in Quezon City.

The P676-million BNR Retrofit Project will regulate the discharge of harmful nutrients such as ammonia, nitrates, and phosphates into the environment.

“BNR systems are vital in ensuring that wastewater plant discharges will not harm marine life, decrease oxygen, and cause algal blooms in waterways,” the company said.

The project is targeted to be completed by the fourth quarter of 2024.

For the nine months ending in September, Manila Water posted an attributable net income of P10.1 billion, higher by 39.1% from last year’s P7.26 billion.

Tariff adjustments for its east zone concession and several of its non-east zone operations in the Philippines continued to provide strong top line support, which rose by 19% to P27.5 billion.

Manila Water serves the east zone network of Metro Manila, covering parts of Marikina, Pasig, Makati, Taguig, Pateros, Mandaluyong, San Juan, portions of Quezon City and Manila, and several towns in Rizal province. — Sheldeen Joy Talavera

Primary defense for wrongfully charged workers

I am the operations manager of a small company. For some reason, the chief executive officer (CEO) who is a foreign national wants me to be dismissed. The newly-hired human resource (HR) manager cooperated by concocting allegations. Please advise. — Deep Stroller

The purpose of discipline is both preventive and corrective — to avoid the act or omission by any employee contrary to the ideals of the organization. It should not be a tool for harassing people. Rather, it is a form of control to promote the interests of the organization as well as the employees, in general.

On the corrective side, the punishment should be calibrated to give the worker a second chance, unless it’s about a grave offense. It should serve the organization’s interest and not the interests of any individual. It becomes more of an issue if that person is a foreign national who disregards the basic requirements of our laws.

For example, if an employee is habitually absent, breaks safety rules, or wears an improper uniform or some such minor offense, the primary goal of discipline is not to punish but to prevent the same thing from happening again. The HR department must issue a circular reminding the workers to observe those important rules, no matter how trivial they are to some people.

PROCEDURAL DEFENSE
It’s important to establish the company rules, the reasonableness of the penalty, and all factual circumstances, including the availability of the complainant and their witnesses, if any. If an employee is accused of habitual absenteeism, then his attendance record must be established as having violated policy, which in our jurisdiction takes the form of the Code of Conduct (CoC).

The following procedural steps may be used as a defense by employees who thinks they have been wrongfully charged with imaginary offenses:

One, seek out the bill of particulars. Ask for an incident report summarizing all circumstances surrounding the offense, the particular article of the CoC that is relevant, when it happened, where it happened, and the statements of the complainant and witnesses, if any.

Much better if the report comes in the form of a notarized affidavit to add weight. More important, if there are no complainants or witnesses, then there can be no offense.

Two, ask for a printed copy of the employment contract and the CoC. Some unprincipled employers avoid giving a hard copy of those two documents to workers. This is an unfair labor practice.

Soft copies of those documents do not have the same validity as they are not considered original in the legal context. Besides, the soft copy can be easily tampered with to suit the interests of unprincipled managers.

Three, examine the specific CoC provision that was allegedly violated. You can make the best technical argument by citing those provisions as HR people, even lawyers, can be careless, if not intentional in their wrongful interpretation. For example, simple and gross negligence are two different things, in the same manner, that gross and habitual neglect of duty can result in different interpretations.

Discover the interpretation of the Supreme Court and compare them with the definitions found in the CoC and other documents. You will be surprised.

Fourth, challenge the authority of the official concerned. What is the authority of the HR manager to issue the Notice to Explain (NTE)? It is the general belief that the HR manager has the sole authority to discipline people. Not necessarily, especially if rank is an issue.

Generally, the operations manager and finance manager are higher in rank, pay, and status than the HR manager. Therefore, it would be unreasonable for a low-ranking official to discipline them in this context. If this happens, better if that foreign CEO does the job.

Five, discover the inconsistencies in the application. Explore how similar incidents in the past were resolved. If there were similar violations in the past, what happened to the offenders? How did management resolve the issue? Did the offenders receive any penalty or were they given a reduced sanction?

What’s the difference between your case and other cases? If you’re diligent, you can find reasons that could serve as legal and reasonable grounds for your defense.

Six, emphasize the unreasonable nature of the penalty. Does it conform to industry standards? If not, then why not? For example, an employee charged with habitual tardiness may be dismissed if he proves to be incorrigible. However, that might only happen if the worker has committed six such violations within a certain period.

That means management cannot terminate, say, after three straight violations. Besides, the penalty must be progressive, moving from oral reprimand, written reprimand, and suspension without pay. The last resort is dismissal.

Seven, ask for a labor official to manage a mediation process. Do this only if there are continuing unresolved issues like the refusal of management to give you a copy of the CoC and the employment contract. Ask for help from the Department of Labor and Employment or an external, independent lawyer.

Some lawyers from the Integrated Bar of the Philippines or labor federations can advise you on what to do. The Supreme Court has also approved a resolution requiring lawyers to render at least 60 hours of pro bono legal aid every three years to indigent people.

 

Bring Rey Elbo’s leadership program called Superior Subordinate Supervision to your organization. Contact him on Facebook, LinkedIn, X, or e-mail elbonomics@gmail.com or via https://reyelbo.com.

The power of not giving up

The Netflix movie Joy – The Birth of IVF beautifully captures how persistence and resilience can lead to groundbreaking success, not just in science but in business and innovation as well. Based on the real-life story of the world’s first in vitro fertilization (IVF) baby, the film highlights the struggles and triumphs of scientists who, despite facing intense public criticism and numerous challenges, stayed committed to their goal. The pioneering efforts of Robert Edwards, Jean Purdy, and Patrick Steptoe remind us of the importance of perseverance when facing adversity—a quality that resonates strongly with the world of entrepreneurship and innovation.

At the center of the film is Jean Purdy, a nurse and embryologist who, along with her colleagues, encountered immense resistance to their groundbreaking work in reproductive medicine. In the 1970s, IVF was highly controversial and branded by many as “unnatural.” Critics from the church, the media, and the medical community warned of its supposed dangers and ethical implications. Undeterred by this opposition, Purdy, Edwards, and Steptoe pressed on, fueled by their belief that science could bring hope to those struggling with infertility. After eight years of setbacks, their perseverance paid off with the birth of Louise Brown, the world’s first IVF baby — a moment that forever changed the landscape of reproductive medicine.

This achievement highlights the kind of resilience needed to overcome personal, societal, and professional obstacles. Many people in their position might have given up under such pressure, but these innovators understood that progress often involves enduring periods of doubt and difficulty. Their journey mirrors the struggles faced by entrepreneurs in various industries, who frequently grapple with rejection, financial challenges, and self-doubt. The scientists in Joy succeeded because they never wavered in their commitment to their vision, a quality that is just as crucial in business as it is in science.

In the business world, the ability to persevere is often what separates success from failure. A prime example of this is the story of Steve Jobs and his journey with Apple. After being ousted from the company he co-founded, Jobs could have walked away defeated. Instead, he returned to Apple years later with a renewed sense of purpose and introduced innovations that revolutionized the tech industry. Iconic products like the iPod, iPhone, and iPad were born out of his persistence and belief in his vision. Apple’s transformation from near bankruptcy to one of the most valuable companies in the world was not a result of overnight success but rather a testament to the power of persistence.

Similarly, James Dyson’s story exemplifies the determination required to turn a bold idea into reality. Dyson spent five years and created 5,126 prototypes before perfecting his revolutionary bagless vacuum cleaner. Despite skepticism from industry insiders and numerous financial hurdles, he never gave up on his vision. Today, Dyson is a global brand known for innovation, and its success stems directly from the founder’s refusal to accept failure as the final answer.

In the financial services sector, the importance of persistence is equally evident. The rise of fintech companies has transformed how consumers interact with financial products, often in the face of considerable challenges. A standout example is PayPal, whose founders — Peter Thiel, Max Levchin, and Luke Nosek — set out to create a digital wallet for secure online payments. In its early days, PayPal faced skepticism from investors who doubted that people would trust online platforms with their money. Competition from established financial institutions further complicated their efforts. However, the founders continued refining their product, learning from failures, and earning the trust of consumers. Eventually, PayPal’s persistence paid off, leading to its acquisition by eBay for $1.5 billion in 2002. Today, it is a global leader in online payments, facilitating millions of transactions daily — a testament to the power of resilience in overcoming adversity.

The common thread in these stories — whether from science, technology, or financial services — is the willingness to embrace failure as a stepping stone to success. In Joy – The Birth of IVF, the scientists’ commitment to their vision, despite societal and professional rejection, mirrors the mindset that drives innovators like Steve Jobs, James Dyson, and PayPal’s founders. Each of them faced significant challenges but refused to let setbacks define their journey.

The lessons from these stories are clear: progress often requires enduring uncertainty, learning from failure, and staying focused on a larger vision. In business, just as in science, success doesn’t come from avoiding obstacles but from persevering through them. The scientists in Joy transformed the world of medicine by refusing to give up on IVF, and entrepreneurs in every industry can draw inspiration from their resilience. By pushing forward, learning from setbacks, and refusing to quit, innovators can achieve extraordinary success and leave a lasting impact on the world.

The views expressed herein are his own and do not necessarily reflect the opinion of his office as well as FINEX.

 

Reynaldo C. Lugtu, Jr. is the founder and CEO of Hungry Workhorse, a digital, culture, and customer experience transformation consulting firm. He is a fellow at the US-based Institute for Digital Transformation. He is the chair of the Digital Transformation IT Governance Committee of FINEX Academy. He teaches strategic management and digital transformation in the MBA Program of De La Salle University. The author may be e-mailed at rey.lugtu@hungryworkhorse.com