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Justice Leonen faces impeachment case

AN IMPEACHMENT complaint has been filed against Supreme Court Associate Justice Mario Victor F. Leonen at the House of Representatives.

The complaint was filed by Edwin M. Cordevilla, secretary general of Filipino League of Advocates for Good Government, citing violation of the Constitution due to the number of pending cases assigned to the high court justice, and for failing to file his Statements of Assets, Liabilities, and Net Worth (SALN).

Mr. Cordevilla, assisted by lawyer Lorenzo G. Gadon, said based on a newspaper article published by the Manila Times, 37 of the pending cases were assigned to Mr. Leonen several years ago, violating the Constitution and internal rules of the court which directs all justices to resolve cases within 24 months.

“Respondent failed to consider the implications of these prolonged delays in the lives of the litigants,” the complaint read.

He also claimed that Mr. Leonen’s “incompetence and inefficiency” were shown in  the delayed resolution of 34 cases at the House of Representatives Electoral Tribunal, which he chairs.

Mr. Leonen also allegedly betrayed public trust for failing to file his SALN for 15 years when he was a professor at the University of the Philippines, citing also a newspaper column.

“Respondent, in failing to submit his SALNs for 15 years, is guilty of culpable violation of the Constitution and/or betrayal of public trust. He is unfit to be a member of the Judiciary and must accordingly be removed as an Associate Justice of the Supreme Court,” the complaint read.

The complainant also said that Mr. Leonen, who was appointed by former President Benigno Simeon C. Aquino III, was partial with his decisions during the Aquino administration and is now “against the current administration.”

He noted Mr. Leonen’s dissent on several cases, including the burial of late dictator Ferdinand E. Marcos at the Libingan ng mga Bayani, and the ousting of former chief justice Maria Lourdes P.A. Sereno, among others.

Ms. Sereno was removed from her post through quo warranto in 2018 for failing to submit her SALNs.

Mr. Leonen, in a statement on Monday, said he is confident that the government “will do the right thing.”

“Given the urgent and pressing needs of our people during this time of crises, we are confident that our leaders will do the right things,” he said in a statement.

Ilocos Norte 2nd District Rep. Angelo M. Barba, who endorsed the impeachment complaint, said he did so because the complainant hails from his district and he “believes” in the allegations.

Mang Ed Cordevilla came to me, and as a constituent in my district, I entertained him. I read his complaint, I believed in it. That’s why I’m here as his congressman and I accompanied him,” Mr. Barba told reporters Monday.

Mr. Barba is a nephew of the late dictator and first cousin of former senator Ferdinand R. Marcos, Jr., who earlier filed a motion for inhibition against Mr. Leonen in his vice presidential electoral protest.

The inhibition petition has been junked by the Supreme Court.

House Minority Leader Joseph Stephen S. Paduano, who represents the Abang Lingkod party-list, assured that the minority bloc will perform its constitutionally-mandated duty in the impeachment process.

“In so doing, we will ensure that in the determination of sufficiency in form and substance, the Rules of Impeachment will be strictly followed to the letter,” he said. He also called on the House justice committee to “exercise prudence and fairness.”

House Minority Deputy Leader Rep. Carlos Isagani T. Zarate, on the other hand, said the impeachment is an “all out war against democracy.” — Vann Marlo M. Villegas and Kyle Aristophere T. Atienza

DoT, DoLE call on tourism workers to avail of financial aid

TOURISM workers affected by the closure or scaled-down operations of establishments can now avail of financial help through the expanded aid program under the Bayanihan to Recover as One Act, the Department of Tourism (DoT) announced Monday.

The DoT and the Department of Labor and Employment (DoLE) have issued a joint advisory that widens the coverage of the assistance package to include the following: beneficiaries of the Social Amelioration Program (SAP) and DoLE’s CAMP program; workers of establishments that implemented flexible or alternative work schemes; and secondary tourism enterprises with local government license.

“This initiative will widen the scope of recipients of this financial assistance program and accommodate those who have already availed of existing programs open to the tourism sector. Hopefully, the program’s take-up rate significantly improves to reach more members of the micro-, small- and medium-enterprises (MSMEs) and more importantly, those belonging to the informal sector,” Tourism Secretary Bernadette Romulo-Puyat said in a statement.

She also urged the establishment owners, associations, and local government units (LGUs) to assist the workers with the documentary requirements for availing the financial aid.

“We continue to assist our LGUs in slowly opening their tourism destinations in order to restore businesses, livelihood and jobs.  Meanwhile, we hope that this program, along with other COVID-related schemes of assistance, will be warmly welcomed by our workers to tide them over this Christmas,” Ms. Puyat said. — MSJ

Nationwide round-up (12/07/20)

7,000 armed communists, 187 Abu Sayyaf dealt with this year

AROUND 7,000 members of the New People’s Army (NPA), the armed wing of the communist movement, were “neutralized” since the start of the year, a military official reported on Monday. “Since January this year, we have neutralized 7,000 NPA,” said Armed Forces of the Philippines (AFP) Chief of Staff Gilbert I. Gapay in Filipino during a Palace briefing. Of the total, he said 6,000 surrendered while 1,991 died during encounters with the military. Another 250 were apprehended while over 1,5000 arms used by the NPA were seized. Mr. Gapay also reported that 187 members of the kidnap-for-ransom group Abu Sayyaf, which has pledged allegiance to the extremist Islamic State, have also been dealt with. — Gillian M. Cortez

P10,000 emergency cash aid to typhoon victims proposed

A RESOLUTION proposing an emergency cash aid program for families affected by recent typhoons has been filed at the House of Representatives. In the still unnumbered resolution, Gabriela Party-list Rep. Arlene D. Brosas said the Department of Social Welfare and Development (DSWD)  can utilize the unreleased funds intended for the Assistance to Individuals in Crisis Situations (AICS) program to provide cash aid worth P10,000 each for families in typhoon-stricken areas. Ms. Brosas said DSWD still has undisbursed funds worth more than P83 billion for this year, citing the Senate deliberations for the 2021 budget. Of the P83 billion, around P13.7 billion “are supposedly for AICS program,” she said. Ms. Brosas said standby calamity funds and quick response funds would be inadequate to respond to the urgent needs of Filipinos struggling in the wake of the series of destructive typhoons and “amid the realignments made to finance the coronavirus pandemic response.” — Kyle Aristophere T. Atienza

Regional Updates (12/07/20)

Palace rebuffs claims Los Baños mayor’s killing related to narcolist

MALACAÑANG Palace on Monday assured that justice will be served in the murder of Los Baños Mayor Cesar P. Perez despite his alleged links to the drug trade as tagged by President Rodrigo R. Duterte. “That is the responsibility of the state and… the President will make sure of that because the President is the executioner of laws, the implementer of laws,” Palace Spokesperson Harry L. Roque said in Filipino during a briefing. Mr. Roque also denied the mayor’s killing was connected to the President’s narcolist, adding that authorities are already conducting a thorough investigation to determine the motive. Mr. Perez, who was shot on Saturday within the Los Baños municipal hall complex, had denied involvement in drug-related activities. — Gillian M. Cortez

Baguio ironing out better system for night market; Drone light show set for Dec. 25, 31

BAGUIO PIO

THE Baguio night market will be reopening soon with improved crowd control measures and more spacious layout for stalls, the city government said on Monday. The market was opened Dec. 1 and Mayor Benjamin B. Magalong ordered it stopped the next day following reports of violations of health protocols, especially distancing. “We did not consider other factors like the spillover of the crowd who attended the Christmas program and proceeded to the night market and the excitement of the locals to go out of their homes from months of being told to stay home,” Market Superintendent Fernando Ragma, Jr. said in a statement. The mayor formed a team composed of local officials, including Mr. Ragma, and the police to evaluate the market setup and introduce improvements. “We must strike a balance between reopening the economy and safeguarding the health and safety of the people. This is our new normal direction,” the mayor said. Mr. Ragma said they will announce the reopening date as soon as all the planned changes have been finalized. Meanwhile, residents and visitors will be treated to a drone light show on Christmas day and New Year’s eve instead of the traditional fireworks display. Supervising City Tourism Operations Officer Aloysius C. Mapalo, in a separate statement on Monday, said there will be some 5,000 drones emitting different colors, shapes and formations for the show. He said the show can be live-streamed through social media platforms. “(T)he drone light show is a donation from a close friend of Mayor Benjamin B. Magalong who does not want to be identified with this newest attraction,” Mr. Mapalo said. — MSJ

Forging collaborative pathways for a decarbonized and regenerative future — 2

(Second of two parts)

This is a lightly edited version of the Acceptance Speech delivered by the author when he received “MAP Management Man of the Year” award on Nov. 23.

But the year 2020 has been a bizarre year for all of us. These last few months made what was unthinkable, tangible and real. We now live in a world that’s not merely complicated but tightly interrelated and complex. To use the words of the mathematician/meteorologist Edward Lorenz in the 1960s who asks, “Does the flap of a butterfly’s wings in Brazil set off a tornado in Texas?” The COVID-19 pandemic has driven this into our psyches mercilessly. It also exposed us to the raw power of exponential progression. A phrase used by Hemingway’s character Mike Campbell in his novel The Sun Also Rises, when asked how he went bankrupt replied: “two ways, gradually, then suddenly.” “Gradually, then suddenly” now applies to so many aspects of our lives: how we go to sleep, how the gradual onset of heart disease leads to a heart attack, how technology disrupts, how bankruptcies unfold, how pandemics spread, and pretty soon how climate change will affect us all, where we’re fast approaching the “suddenly” phase if we aren’t in it already. How will FPH (First Philippine Holdings) and the Lopez Group move forward in this unsettling new world?

I’ve felt for some years now that the unprecedented times we’re living in have been begging for a new narrative and a new paradigm for how we live, work, do business, and even how we measure success and progress.

Today our way of life has set us on a trajectory of 3 to 4 degrees C of warming by 2100. This current path will clearly be catastrophic and turn the Earth into an unlivable and socially disrupted planet way before then and surely within the lifetimes of our children. Whenever I see the United Nations Intergovernmental Panel on Climate Change (UN IPCC) timelines needed to keep global average temperature rise to 1.5 degrees C, when plotted on a chart it reveals a curve still just within reach, but, with each year of inaction, gets precipitously steeper and tougher to meet. These next 10 years (the decade of the 2020s) will determine whether we are able to halt the climate crisis in time, or watch it run away from us irreversibly.

We are not off to a good start. This year we saw record high temperatures in both the Antarctic and the Arctic, which both hold not only huge stores of ice but also tremendous amounts of methane in their permafrost layers. (For perspective: the Greenland ice sheet in the Arctic has 7.3 meters worth of sea level rise in them; Antarctica, the world’s ice locker, has 58 meters worth of potential sea level rise built in.) Methane, as you may know, is 80 times more potent than CO2 as a greenhouse gas over a 20-year period. If the big melt of permafrost results in these stores of methane being vented into the atmosphere, we would have unleashed a powerful feedback loop that’s equivalent to the emissions of another China today. The difference will be that no amount of climate negotiations can hold that back anymore. (If you don’t mind a sleepless and terrifying night, look up the National Geographic cover story for September 2019 which articulates in full color what’s happening up there in the Arctic.)

In October 2018, the UN IPCC was clamoring for us to cut CO2 emissions in half by 2030, and take it all the way down to Net Zero by 2050 if we want to limit global warming to 1.5 degrees C by 2100. That’s roughly a 6-7% annual reduction in carbon emissions till 2050. Just for perspective, this year travel and transport reductions and the economic slowdown from COVID-19 is expected to reduce carbon emissions by 7-8%. In other words, we need a COVID-scale crisis every year till 2050 just to keep the planet livable!

Today at just 1 degree C of warming, we can see the geologic-scale changes happening to our planet’s environment everywhere. I’m sure you remember the Australian and California wildfires, and the drought that reduced the mighty Victoria Falls and Zambezi River to a mere trickle last year.

Then just earlier this month, millions of Filipinos were sequentially pummeled and thrashed by Rolly, the world’s most powerful typhoon this year, and Ulysses, one that surpassed Typhoon Ondoy’s wrath in 2009. The destructive power of these formerly 100-year events has no doubt been intensified by the accelerating climate crisis, and they now hit us with greater frequency and regularity. The news images that swept our screens these last few weeks painfully called up two thoughts that are always simmering at the top of my mind. The first was what I heard Al Gore say in 2016 here in Manila where he warned that, “all our infrastructure was built for a world that’s now changed”. The second was a quote from Thomas Friedman of the New York Times who alerts us that, “with climate change there will be no such thing as herd immunity, just a relentless pounding of the herd.” How long can even the strongest, most resilient communities withstand this relentless and repeated pounding year after year if they can lose everything they have at least 20 times a year? Is this the kind of world that closes or widens the gaps between rich and poor? Do we sit around and wait for prayerful resilience of the vulnerable to turn into anger, then solidify into hate?

Our way of life and patterns of production and mass consumption now use 1.75 Earths annually. That’s 75% more than the Earth can replenish each year. US lifestyles account for five Earths yearly, which many others on the planet aspire to attain. All the main life support systems of our planet, from our oceans, forests, air, soils, biodiversity, and freshwater resources are all in decline. Plastics can be found everywhere from the bottom of the Marianas trench to the top of the Himalayas. Our own Pasig River is the 8th most plastic polluting river in the world. All other rivers on that top 10 list are thousands of kilometers long. Our Pasig river measures only 27 km.

Capitalism has brought tremendous and amazing progress, creativity, and innovation. But as it’s currently practiced, it has also left too many behind. Even as we breach much of our planet’s safe environmental limits, billions of people still do not have decent access to energy, clean drinking water, toilets, food, healthcare, education, housing, income and work, political voice, social and gender equity, or even peace and justice. Our economics 101 classes taught us the rainbow-shaped Simon Kuznets curve (done in the 1930s) which infers that inequality rises but eventually falls as the economy grows. There was even an environmental version of that curve by economists Grossman and Kreuger in the 1990s which promised the same relationship with environmental degradation and that eventually, pollution all got cleaned up as countries got richer. Theories like these shaped our worldviews and policies over many decades but we now know they have scant basis for being true. Economics in my time was taught with the inference that GDP can and should grow forever. The environment was belittlingly treated as just an “externality” that had no limits. We were trained like pilots who were taught to fly but never how to land. So, ironically, despite finally earning academic honors in my college economics courses at the University of Pennsylvania, I feel now like I have to unlearn a lot of it.

The populism that’s sweeping the world is a symptom of the growing disenchantment with business, politics, and life as usual. In today’s world, it’s a disenchantment that’s moving at exponential warp speed through the power of social media, weaponized or otherwise. The natural, social, and political forces being unleashed in the coming decade will likely make it the most challenging and most disruptive business has ever seen. The COVID-19 pandemic is just a mere “fire-drill” for what’s coming and demonstrates the scale at which things need to change. We are living in a time that calls for great paradigm shifts, and businesses that seek to thrive in this era must be able to reimagine and redesign themselves for this new world.

In this kind of a world, corporate sustainability that seeks to simply “tick the box” or do less harm is no longer good enough. Sustaining our trajectory today will result in disasters that are not only greater in scale, but also more unjust towards those without the capacity to cope with the devastating changes that are already here, and continue to escalate.

Businesses need to align themselves, their resources, and their capabilities towards a mission that seeks to elevate everything they touch — their customers, employees, suppliers, contractors, the environment, communities, and, of course, their investors. CSR or philanthropy may ease our consciences but the sad fact is they may never scale up enough to heal our hurting world in time. There is an urgency for all of us to go beyond incremental sustainability and transform into regenerative forces that align our profit engines with the need for a better, more just world and a safer planet. Collectively, we have the creativity and innovative energy needed to solve the world’s greatest problems. Unlocking these will be the foundation to some of the greatest business opportunities in the coming century. (Paul Polman, former chairman of Unilever, refers to the 17 UN Sustainable Development Goals as simply the world’s greatest business plan.)

Moving closer to home, this year we crystallized our Mission at FPH and our group of companies and that is: “To forge collaborative pathways for a decarbonized and regenerative future.” It’s a deliberately high bar and we’re nothing short of humbled by it. Let me share a few points about this short phrase. First, the mission was deliberated on and hotly debated internally for months and finally solidified our role in the transition to a decarbonized energy system. But it goes beyond energy and anticipates dealing with the many adaptive challenges needed to redesign how we live, work, and do business in a changed world.

Secondly, we didn’t feel it was appropriate anymore to use the word “sustainable” in a world that’s so badly in need of healing and renewal. So we took on the challenge of using the word “regenerative” instead, with all the responsibility it carries. We are not a full-on regenerative company today; no one is yet. But we chose it deliberately to signal to our people that they have a license to adopt this new mindset as our inherent way of doing business and that it’s OK for them to “bring their values to work” every day. Being regenerative doesn’t scale if it only comes from the top; it has to permeate the organization and how it does business day to day.

And thirdly, the word we used very deliberately was “collaborative” as we believe we cannot do this alone. We (that includes our PR and CSR professionals) all have to stop seeing this as a competitive beauty contest. I keep stressing to our people that if we find ourselves ahead and alone at the finish line, we will have failed in our mission. This is a massive undertaking and we know we cannot possibly succeed if we go the journey alone.

Honestly, these thoughts make me feel small and humbled. Because everything we’ve been doing so far just feels like a tiny first step on a dangerous thousand mile journey. We’re all imperfect beings, with imperfect abilities, in an imperfect, maybe broken world, but it should never mean losing the courage to make things better. As the songwriter and poet Leonard Cohen wrote:

Ring the bells that still can ring, Forget your perfect offering

There is a crack in everything, That’s how the light gets in

— “Anthem”

Let me close my remarks by saying that paradigm shifts of this scale and magnitude can never be easy, especially in the stage before there’s any momentum. But I take comfort in the transformation of a common caterpillar into something so functionally different and radically beautiful as a butterfly. Every caterpillar harbors dormant imaginal cells; each waiting with the potential to transform into something else. As cells morph, the immune system of the caterpillar attacks them as if they’re outsiders or enemies. But as the transformation persists and the number of imaginal cells multiply beyond a critical tipping point, the body stops fighting them, changes over and begins the process of nourishing those same cells instead. An unformed, embryonic wing may start out with just 50 cells but grow to as much as 50,000 when fully formed. The anguished and labored metamorphosis of a butterfly that can take to the sky in flight, only begins the moment it’s willing to give up being a caterpillar.

Once again let me thank the Management Association of the Philippines for honoring our journey with this award. It’s finally made sense of the times when we felt like the faint voice in the wilderness and our view of the world may not have been mainstream. Thankfully, the winds are changing profoundly now. But no matter where each of us are in this continuum of belief today, I feel with a mix of certainty and hope that we will all be helping each other along this same road very soon. We look forward to building those collaborative pathways with as many kindred spirits as we can.

 

Federico “Piki” R. Lopez is the Chair and CEO of First Philippine Holdings Corporation

map@map.org.ph   

frlopez@firstgen.com.ph

map.org.ph

PHL democracy – a poor imitation of the American brand

Prior to the elections of 2020, America was universally considered the land of free and clean elections, citadel of the institutions of democracy, and sanctuary of the democratic process and its values. There was a time — from the emergence of Ramon Magsaysay in the political scene to the installation of the brilliant and eloquent Ferdinand Marcos as president — when Philippine politics and the electoral process mirrored those of America. But Mr. Marcos corrupted them to stay in power.

Trump’s post-election antics are making the world see America as an authoritarian state ruled by an egotistical but incompetent and boorish man. Ironically, Trump himself likened the United States to Third World countries where electoral fraud comes with the territory, alleging without presenting evidence that the recent US election was rigged. As I monitored the pre-election campaign and the events following Election Day, I often wondered if American politics and its electoral system are eroding to a state similar to that when Mr. Marcos ruled the land.

The day after Donald Trump’s inauguration as president, Peter Wehner of The New York Times wrote in his column, “He is unlikely to be contained by norms and customs, or even by laws and the Constitution.” In the four years he has been president, Trump seems to have proven Wehner right.

In the months leading up to the election, Trump repeatedly said that he could only lose to Joe Biden if the election was rigged. He told reporters: “We want to make sure the election is honest, and I’m not sure that it can be.” He also declared, “Either I win the election or I delegitimize the election.”

Now President Trump refuses to accept defeat and continues to undermine the legitimacy of the just concluded electoral process, shattering yet another norm. He has spent the past weeks claiming electoral fraud but he has failed to back up his claim. He has said he will never concede and has hinted he won’t leave the White house on Jan. 21, 2021.

In addition to Trump’s refusal to commit to providing a peaceful transfer of power, he also encouraged his supporters to monitor Election Day polling places for instances of fraud, raising fears of voter intimidation, violence, and disorder. Although he said he was misinterpreted when he told the Proud Boys to “stand back and stand by,” the group seemed to have taken his original remarks to be a tacit endorsement of their violent tactics if the election didn’t go his way. Many were seen armed around polling places.

From Election Day, the Trump campaign has filed a series of lawsuits disputing ballot counts in several states in an effort to stay in office, but judges in Georgia, Michigan, Nevada, and Arizona have ruled with striking consistency and similar language that there is not sufficient evidence to back the claims of fraud.

Trump lawyers complained that Trump’s observers were denied sufficient access to watch the processing of ballots. But when the lawyers admitted that the observers had, in fact, been permitted within 15 feet of the poll workers, US District Judge Paul Diamond asked, “Then, what’s your problem?”

In Georgia a judge rejected the claim that Chatham County may have mishandled ballots as he saw “no evidence” to substantiate the claim. A Michigan judge denied Trump lawyers’ petition to halt absentee ballot counting in Macomb County, home to Detroit, over allegations that Trump campaign observers were not given “meaningful access” to observe the process. The evidence presented was a hearsay affidavit, which the judge found inadmissible.

A judge in Nevada denied efforts to toss out verification machines in Clark County, home to Las Vegas, based on what Trump lawyers said was “lax procedures for authenticating mail ballots.” The judge didn’t find the evidence sufficient. The lawyers also complained about observers not getting close enough to hear everything poll workers were saying. The judge asked, “At what point does this get ridiculous?”

In a suit filed in Maricopa County, Arizona by the Republican Party, the judge found “no misconduct, no fraud and no effect on the outcome of the election.” The GOP lawyers had identified nine mistakes during an inspection of 1,626 ballots that had been duplicated because the originals were damaged or could not be scanned. Those nine mistakes did not demand the “extraordinary act” of annulling the more than 3.3 million votes cast by Arizonans, the judge said.

But President Trump and his allies continue to insist they had evidence of misconduct at press conferences and on social media. A written statement released by Trump said, “We will pursue this process through every aspect of the law to guarantee that the American people have confidence in our government. I will never give up fighting for you and our nation.” Meanwhile, Donald Trump, Jr. tweeted: “When America sees everything we are uncovering they will be disgusted.”

But election officials in states and counties where Trump lawyers have asked for recount of ballots have certified Biden as the duly and fairly elected president.

In Michigan’s Wayne County, home to Detroit, unanimously certified elections results showing Joe Biden winning over President Trump hours after Republicans first blocked formal approval of the results of a free and fair election. Joshua Douglas, a Law professor at the University of Kentucky, said, “We depend on democratic norms, including that the losers graciously accept defeat. That seems to be breaking down.”

In Georgia, after completing a hand audit of ballots, Secretary of State Brad Raffensperger, a Republican, confirmed Biden as the winner of the election in the state. “The audit confirmed that the original machine count accurately portrayed the winner of the election,” said he. Trump had claimed without evidence that there were widespread irregularities and fraud in the state.

In Wisconsin, Milwaukee County’s recount showed Biden gaining 132 votes to his margin of victory over President Trump, Biden gaining 257 votes and Trump adding 125 to his total. Milwaukee County Clerk George Christenson said that the recount demonstrated that elections in the county are fair, transparent, accurate and secure.

Last week, Attorney General William Barr, who is one of Trump’ loyal allies, contradicted the persistent claim of the president of widespread election fraud. He told the Associated Press that US attorneys and FBI agents have looked into the complaints filed by Trump’s lawyers but have found no evidence that could change the outcome of the Nov. 3 election.

Yes, America remains the paradigm of democracy, where the Constitution is sacrosanct, where the rule of law is supreme. Sadly, I cannot say that of our country. Our very own Supreme Court of Justice has evinced a tendency to go by the rule of the powers that be instead of the rule of law.

Take the case of the electoral protest of 2016 vice-presidential candidate Ferdinand Marcos, Jr. where the associate justices sit as members of the electoral tribunal. They should have dismissed the case last year in accordance with the rules of the tribunal when Mr. Marcos failed to prove that he was cheated in provinces he specified in his protest. The recount of ballots showed that he lost by more votes than originally reported. The tribunal — actually the Supreme Court — deferred ruling on the case, giving civil society the impression that dismissal of the protest would displease the powers that be.

The rule of men prevails over Lupang Hinirang!

 

Oscar P. Lagman, Jr. is a retired corporate executive, business consultant, and management professor. He has been a politicized citizen since his college days in the late 1950s.

Construction contraction and steel issues

During the BusinessWorld Economic Forum with the theme “Forecast 2021: Reboot, Rethink, Reshape” which ran on Nov. 25-26, the government’s Build, Build, Build program and the construction sector as a path to post-COVID-19 economic recovery were among the topics highlighted. National Economic and Development Authority Director General Karl Chua and Ayala Corp. CEO Jaime Augusto Zobel de Ayala had partly mentioned this.

Meanwhile, during the 9th Arangkada Philippines Forum 2020 with the theme “Foreign Investment in the Post-Pandemic Philippines” held last week (Dec. 1-3), large scale foreign investments of up to $50 billion in 10 years in various sectors including infrastructure, and the Build, Build, Build program were discussed and explored by the various speakers, particularly some of the heads of the Joint Foreign Chambers of Commerce in the Philippines (JFC) like head of US Chamber Peter Hayden and head of the Japan Chamber Keiichi Matsunaga.

I checked the performance of the construction sector and it turns out that it contracted -77% in floor area and -81% in value in the second quarter (Q2) 2020, worse than overall GDP contraction of -16.9% in the same period, according to data from the Philippine Statistics Authority (see Table 1).

The Philippine Statistics Authority (PSA) also released a survey of establishments 2018, the latest data available. From 2012 to 2018, the share of establishments in basic iron and steel have declined but their employment, total revenues, and output value have increased, meaning that on average there is higher productivity per company in the sector (see Table 2).

So that’s the good news — rising employment, rising productivity in the sector.

The bad news is that there is the issue of dirty production and unsafe steel in the country, partly because of steel smuggling but largely because of the transfer of many steel plants using the induction furnace (IF) technology which was banned by China in 2017. Banned in China, welcomed in the Philippines, not good as seemingly we are the dumping ground of industrial garbage from China.

Before 2016, about five IF plants existed in the country. By 2020 there were already 13. These IF plants’ capacity rose from 0.2 million MT to 1+ million MT/year.

The Philippine Iron and Steel Institute (PISI) says that the IF process “is a ‘hit-or-miss mechanism’ that has no refining process to remove impurities. As such, its output steel is inconsistent in terms of quality and could pose harm to users.”

The ASEAN Iron and Steel Council (AISC) called for the ban of IF in the region, saying the region has become a preferred destination for the “obsolete and unwanted equipment from China.” The Philippines and Indonesia are the big destinations of these IF plants while Vietnam has no more IFs from China since the latter banned the furnaces in 2017, according to the Vietnam Steel Association (See https://www.bworldonline.com/chinas-outcast-steel-machines-find-unwelcome-home-in-se-asia/, Dec. 18, 2018).

The Philippine Induction Smelting Industry Association (PISIA), however, argues that IF steel is clean and safe.

In 2018, the Department of Environment and Natural Resources (DENR) penalized five companies using IF for the alleged violation of the Clean Air Act of 1999 (RA 8749). These were Melter Steel Corp., Real Steel Corp., Wan Chiong Steel Corp., Metro Dragon Steel Corp., and Davao Mighty Steel Corp. (See https://www.bworldonline.com/denr-to-charge-5-steel-mills-for-pollution/, Oct. 29, 2018).

The DENR and the Department of Trade and Industry (DTI) have become strict when it comes to granting permits to new IF plants. But these plants get permits from local government units (LGUs) by under-claiming their production capacity as only 30,000 MT per year. If they declare higher than that figure, their application will go to the DENR and the vetting will be strict.

More competing steel plants selling more steel bars and other iron products are good for consumers — they will have more choices. But ordinary consumers, even many hardware stores, are not aware of the dangers of substandard steel products, or they may be aware but they cannot easily detect these products.

Every year the Philippines get big storms with strong winds, plus we also experience occasional strong earthquakes that can shake entire houses and buildings. Getting cheap steel bars will prove to be more expensive once houses and buildings experience big cracks if not collapse entirely. Conversely, getting higher price steel bars which can withstand strong winds and earthquakes will prove to be cheaper as they can save lives and property.

Given this situation, the DENR and DTI should make surprise inspections of IF plants that have only LGU permits, even old plants that got permits from them earlier. Once RA 8749 and other laws on product safety are violated, these plants should be closed and given a limited appeal period.

 

Bienvenido S. Oplas, Jr. is the president of Minimal Government Thinkers

minimalgovernment@gmail.com

A blot on humanity’s conscience

Across the globe, it is the poor, marginalized, and vulnerable groups who are disproportionately affected by the impacts of COVID-19. Even before the COVID-19 pandemic, these were the same sectors of society who were at greater risk and disproportionately affected by crises and disasters and who inordinately bear the brunt of long-standing structural inequalities that can be observed in many or in most societies.

Addressing the UN General Assembly during the first in a series of policy dialogues on ending poverty on June 30, the President of the General Assembly, Tijjani Muhammad-Bande, “warned that the impacts of the COVID-19 pandemic are falling ‘disproportionately on the most vulnerable: people living in poverty, the working poor, women and children, persons with disabilities, and other marginalized groups’.”

In his address, poverty was described by Mr. Muhammad-Bande “as a ‘blot on humanity’s conscience,’ which is the underlying trigger of conflict and civil strife, and ‘the most formidable obstacle’ realizing the SDGs (Sustainable Development Goals).” He noted that the sharp decline in economic activity resulting from the pandemic can lead to more than 850 million people into poverty. In the same event, UN Secretary General António Guterres “noted that the pandemic has ‘laid bare’ challenges — such as structural inequalities, inadequate healthcare, and the lack of universal social protection — and the heavy price societies are paying as a result.”

The urban poor are always at risk.

Those living in the slums are among the most vulnerable to the COVID-19 pandemic. The World Bank (WB) Group working document draft dated Oct. 26 and titled, “Global Responses to COVID-19 in slums and cities: Practices from around the world,” described seven living conditions in these areas that make the slums a risk. These are: 1.) high population densities contribute to rapid and broader spread of infection which accelerates transmission, 2.) household overcrowding makes behaviors like social distancing difficult, 3.) poor living conditions exacerbate transmission slowing behavior, 4.) limited access to health services, 5.) reliance on crowded transport services increases contagion risk, 6.) working in the informal sector poses risks, and, 7.) house a large share of the urban population that make up the demographic dividend.

In their review of relevant papers indexed in Scopus (a widely used database for archiving scientific articles) about the COVID-19 pandemic and its impacts on cities and major lessons for urban planning, design, and management, Ayyoob Sharifi and Amir Reza Khavarian-Garmsir (2020) noted that “[i]n addition to minorities, COVID-19 has hit other vulnerable groups such as the urban poor harder.” Having reviewed works that focused on the effects of the pandemic on minorities and urban poor, their study captured the following.

“Historically, pandemics have hit minorities and people at the bottom of the socioeconomic spectrum disproportionately … as [t]hey often suffer more from pre-existing conditions due to more exposure to risks, economic difficulties, and limited access to services. … In many parts of the Global South, rapid and non-uniform urban development has resulted in conditions where a large share of the urban population lives in slums with poor living and sanitary conditions … A combination of factors such as very high density, inadequate access to basic infrastructure services, and precarious livelihoods makes it difficult, if not impossible, to contain the spread of COVID-19 in slums through promoting social distancing and quarantine measures. … Conditions in slums and informal developments are further exacerbated by the lack of access to medical care (e.g., hospital beds) and basic services such as clean water to comply with hand washing recommendations. … ” (p. 6).

In the Philippines, the lack of affordable land and housing options for the poor in most cities forced between one-third and one-half of the urban population to live in informal settlements, in conditions that are illegal, insecure, and environmentally degraded, without access to toilets, water supply or electricity, and in ever-present danger of eviction (VMSDFI, 2001). In her paper examining the linkages between poverty and environment at the household level in Philippine slums, Ballesteros (2010) noted that the proliferation of informal settlements and slums in the country has been caused by rapid urbanization and the inadequate infrastructure and basic services in large towns and cities.

Specifically in Metro Manila, Ballesteros noted that “[m]ost slums (43%) are on government lands; 15% are on private properties; and 15% live in danger zones such as waterways, river banks and railroad tracks. About 26% of slums are blighted areas where land occupation is through extra legal means or has yet to be formalized” (p.6). These slum communities are highly vulnerable to climate-induced risks such as typhoons or sea surges or seasonal rains. The pandemic and the responses to COVID-19 (e.g., community lockdown) and its aftermath worsened these conditions of the most economically disadvantaged members of the society.

What can be done?

National governments, international organizations, and multilateral institutions rose to the challenges of the COVID-19 pandemic. National government responses, in particular, had resulted in varying levels of success (and failure). Hence, everyone is awaiting the vaccines against COVID-19. The vaccines against COVID-19 may help end the pandemic. But even if vaccines are authorized for use and proven to be effective, governments need to address the underlying socioeconomic fault lines and structural inequalities in their societies. Reducing, if not eliminating, social, economic, and health inequities within societies is as important as preparedness, management strategies, and resources in responding to any pandemic or any crisis or any disaster as it enhances the latter.

Sharifi and Khavarian-Garmsir listed the following recommendations/implications for post-COVID planning based on their review, namely, 1.) prioritizing more inclusive actions towards reducing inequalities and addressing the needs of vulnerable groups, 2.) prioritizing slum upgrading, 3.) social distancing policies should be coupled with economic support mechanisms and 4.) enhancing sense of community as critical for improving response and recovery capacities (p. 11).

But what would a policy and program of slum upgrading require?

The UN-Habitat (2003) described slum upgrading as consisting of “physical, social, economic, organizational, and environmental improvements undertaken cooperatively and locally among citizens, community groups, businesses, and local authorities” (p.165). While slum upgrading programs may vary from one area to another, these usually aim at five key dimensions of improving slums. Based on the UN-Habitat Global Housing Strategy (2006), these are: 1.) access to safe water, 2.) access to sanitation, 3.) secure tenure, 4.) durability of housing, and 5.) sufficient living area.

In December 2011, the Philippine government through the Housing and Urban Development Coordinating Council (HUDCC) launched the National Slum Upgrading Strategy (NSUS) that sought to guide the efforts of national and local government units in upgrading the slum communities and improving the living conditions of informal settlers in the cities. In its press release on the same date of the launching, the WB noted that “the national slum upgrading strategy will help local government units (LGUs) identify policy and program options for local slum upgrading that will be integrated into the local planning process” and “as part of the process of developing the NSUS, the project will come up with a comprehensive assessment and database on the condition, issues, opportunities, and risks confronting slum communities. This assessment will form the basis for interventions related to slum upgrading.”

Is the database available? Is the database accessible? Were LGUs in the country able to use the database and assessment to guide their planning and interventions? Did the project ever take off?

Slum poverty is exacerbated during a pandemic. And slum poverty cannot be addressed solely by conventional poverty-reduction or poverty-alleviation programs such as cash transfers. The key is for the national government (together with LGUs) to improve social welfare and economic conditions of the poor by addressing social, economic, and health inequities and structural inequalities in the Philippine society. Whether there is a pandemic or any other crisis, the government must do more for the poor, marginalized, and vulnerable sectors of the society.

 

Diana J. Mendoza, PhD is Chair of the Department of Political Science, Ateneo de Manila University.

[B-SIDE Podcast] Weathering the storm: how to protect the farming sector from typhoons

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Typhoon season isn’t over. Before 2020 finally says goodbye, two to three more storms could make landfall and wreak havoc on a country that’s already been battered by storm after storm after storm. 

The Department of Agriculture (DA) estimates that the farming sector incurred losses worth P6.72 billion from Typhoon Ulysses alone.

Raul Q. Montemayor, national manager of the Federation of Free Farmers, talks about the impact of these natural calamities on Filipino farmers and how to protect them. Mr. Montemayor gives BusinessWorld reporter Revin Mikhael D. Ochave a crash course on the effects of the Rice Tariffication Law and what the agriculture sector will look like, moving forward.

TAKEAWAYS

Farmers need data and support that is location-specific in order to increase their preparedness and resiliency.

The DA has to translate data from the Philippine Atmospheric, Geophysical and Astronomical Services Administration into localized information that is useful to farmers. In addition to knowing when it’s going to rain, where, and how much, farmers need to know if the amount of expected rain is too much or too little for a certain crop at a certain stage of planting, said Mr. Montemayor. 

“The needs of communities and farming areas are different,” he said.

Agriculture may not be the bright spot that the DA is making it out to be.

“I’m not surprised that agriculture had positive growth. We are comparing [2020] to 2019, which was a drought year,” Mr. Montemayor said, who characterized the reported growth as “deceptive.” He added: “We are just back to where started. I don’t call that a big achievement.”

According to Mr. Montemayor, the DA tends to oversell its achievements: “Our impression is that they [the DA] have a lot of hype in mass media, in public statements, but compare that with the feedback we get from the field, it is not the case.” 

The Rice Tarrification Law could become a political issue in the next election.

“It’s growing—the sense of desperation and the disappointment in the government,” said Mr. Montemayor, who wants stronger language on safeguards for farmers; the return of licensing as a better way to manage imports; and the clarification of the role of the National Food Authority.

“You go to the field, it’s all the same. It’s the same problems and, to some extent, even worse problems now than before. I’m a little bit pessimistic,” said Mr. Montemayor.

This episode was recorded remotely on November 17. Produced by Nina M. Diaz, Paolo L. Lopez, and Sam L. Marcelo.

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US preparing new sanctions on Chinese officials over Hong Kong

WASHINGTON — The United States is preparing to impose sanctions on at least a dozen Chinese officials over their alleged role in Beijing’s disqualification of elected opposition legislators in Hong Kong, according to three sources, including a US official familiar with the matter.

The move, which could come as soon as Monday, will target officials from the Chinese Communist Party (CCP) as President Donald Trump’s administration keeps up pressure on Beijing in his final weeks in office. President-elect Joe Biden takes over on January 20.

The State Department and the White House did not immediately respond to requests for comment.

Up to 14 people, including officials of China’s parliament, or National People’s Congress, and members of the CCP, would likely be targeted by measures such as asset freezes and financial sanctions, two sources said.

The US official, speaking on the condition of anonymity, said multiple individuals would be sanctioned. A person familiar with the matter said the group would likely include officials from Hong Kong as well as the mainland. The sources did not provide names or positions of those being targeted for sanctions. Two sources cautioned an announcement could still be delayed until later in the week.

China’s foreign ministry did not immediately respond to a request for comment.

Beijing has previously condemned US sanctions related to Hong Kong, calling it interference in China’s internal affairs.

Stock markets in Asia gave up early gains on worries the move may signal a further deterioration in relations between the world’s two largest economies.

“One thing that the market has been concerned about is that on his ‘Out of office’ Trump would look for some retribution on China. So this news speaks to that fear,” said Kyle Rodda, market strategist at IG Markets in Melbourne.

Chinese financial stocks traded in Hong Kong fell 2.3% in morning trade, their sharpest drop in six months amid worries sanctions could be extended to banks.

STAND-OFF GROWS
In October, the US State Department warned international financial institutions doing business with individuals deemed responsible for China’s crackdown in the Asian financial hub that they could soon face tough sanctions.

Washington has already put sanctions on Hong Kong Chief Executive Carrie Lam, the territory’s current and former police chiefs and other top officials in August for what it said was their role in curtailing freedoms in a crackdown on the territory’s pro-democracy movement.

Hong Kong’s Beijing-backed government last month expelled four opposition members from its legislature after China’s parliament gave city authorities new powers to curb dissent. The move triggered mass resignations by pro-democracy opposition lawmakers in the former British colony.

It also raised further alarm in the West. The Five Eyes intelligence-sharing group — made up of Australia, Britain, Canada, New Zealand and the United States — said last month the move appeared to be part of a campaign to silence critics and called on Beijing to reverse course.

White House national security adviser Robert O’Brien said in November the expulsion showed the “One Country, Two Systems” formula, under which Hong Kong’s autonomy had been promised since Britain handed the territory back to China in 1997, was now “merely a fig leaf” and promised further US action.

That month, the State Department and Treasury Department imposed sanctions on four more Chinese officials in Hong Kong’s government and security establishment, barring them from traveling to the United States and blocking any US-related assets they might have.

Hong Kong is expected to be one of Mr. Biden’s thorniest challenges with China, which will be high on his foreign policy agenda with relations between Washington and Beijing at the lowest point in decades over an array of disputes.

Mr. Biden has promised to take a tougher line than Mr. Trump over human rights in China and other countries, so his response to the crackdown in Hong Kong could be an early test of that resolve. — Reuters

India’s Serum Institute seeks emergency use nod for AstraZeneca’s COVID-19 vaccine candidate

BENGALURU — Serum Institute of India, the world’s largest vaccine producer by volume, has sought emergency use authorization in the country for AstraZeneca Plc’s COVID-19 vaccine candidate, its chief executive officer said on Monday.

The experimental vaccine can be stored at two to eight degrees Celsius and can be distributed more easily in India, which has the world’s second-highest number of infections.

Serum’s move comes close on the heels of Pfizer, Inc. applying for a similar authorization of its coronavirus vaccine candidate on Saturday.

CEO Adar Poonawala tweeted on Monday that the move “will save countless lives,” but did not give any other details.

Earlier in the day, media reports, citing domestic agency Press Trust of India (PTI), had said Serum applied to the Drugs Controller General of India, citing unmet medical needs due to the pandemic and in the interest of the public at large.

The company’s application stated that data from four clinical studies, two in the UK and one each in Brazil and India, showed that the vaccine, Covishield, was highly effective against severe COVID-19 infections, the PTI report said.

Over the weekend, a top Indian government health adviser said in a TV interview that Pfizer has applied for an emergency use authorization, making it the first to do so in the country.

“We remain committed to engaging with the Government of India and explore opportunities to make this vaccine available for use in the country,” a Pfizer spokeswoman told Reuters. — Reuters

Experience paying dividends for Ginebra Kings in PBA finals

By Michael Angelo S. Murillo, Senior Reporter

APART from team effort, experience in big games has been paying dividends for the Barangay Ginebra San Miguel Kings as they make their final assault on the PBA Philippine Cup title.

Now up 3-1 in their best-of-seven Philippine Basketball Association (PBA) All-Filipino Cup title series after winning Game Four, 98-88, on Sunday, the Kings said they are thankful to have experienced players who could get the job done amid a tough challenge from a talented crew like the TNT Tropang Giga.

“You can’t count out experience in the playoffs,” said Barangay Ginebra coach Tim Cone following their Game Four victory.

And experience in the form of the likes of LA Tenorio, Joe Devance and Jared Dillinger proved vital for the Kings as they fended off the Tropang Giga in booking the victory that thrust them on the cusp of winning the Philippine Cup title.

Veteran guard Tenorio, in particular, was clutch for his team, making big three point shots down the stretch to continuously frustrate TNT in its attempts to swing the tide in its favor.

With the Tropang Giga inching closer to the Kings with less than three minutes to play, Mr. Tenorio hit two “cold-blooded” triples to help his team create separation from which it built on to close out the game.

“He (Tenorio) was really calm under pressure. RR Pogoy [of TNT] was making incredible shots and they’re getting pumped up. It’s hard to respond but that’s what LA did,” said Mr. Cone of his floor general, who finished with 22 points, six rebounds and three steals.

Messrs. Devance and Dillinger started for the Kings in Game Four and made their presence felt in being stabilizers for the team all throughout the contest.

Mr. Devance finished with a near double-double of eight points, 10 rebounds and four assists while Mr. Dillinger had seven points apart from the intangibles he brought to their cause.

“We had a definitive game plan for our veterans and they delivered,” Mr. Cone said.

Also stepping up for the team in the win was Japeth Agular and Scottie Thompson, key cogs in the Kings’ championship quests in the last few years.

Mr. Aguilar also had 22 points, to go along with nine boards and two blocks, with Mr. Thompson narrowly missing a triple-double of 11 points, 11 rebounds and nine assists.

Stanley Pringle, meanwhile, had 16 points for Barangay Ginebra.  

Now in a position to close things out in their next game, Mr. Cone expressed hope that experience will be there for them anew and they continue to play well.

“I felt we played our best game of the whole bubble tonight. We hit big shots all night and we made defensive plays. I hope we can carry it over for Wednesday,” he said.

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