Home Blog Page 8814

Manufacturing growth in 2019 slowest in a decade

Manufacturing growth in 2019 slowest in a decade

Customs Modernization law amendment bills consolidated

THE House Committee on Ways and Means has approved a substitute bill seeking to amend the Customs Modernization and Tariff Act (CMTA).

“The ultimate goal of the proposal is to increase the efficiency of the (Bureau of Customs) by optimizing its internal procedures without compromising quality of service. The bill also hopes to decrease the burden of certain tasks through third-party engagement and improvement of infrastructure” Representative Jose Maria Clemente S. Salceda of Albay, who is also the Chairman of the committee, told reporters via Viber.

According to Mr. Salceda, key features of the bill include a simplified process for collection and payment of tax on dutiable goods; provisions for revenue set-asides for developing the BoC’s (Bureau of Customs) infrastructure, equipment and personnel; and pre-shipment inspection of containers.

The bill also outlines the procedures for vessels originating from foreign ports to provide documentary requirements in order to “facilitate trade security and avoid smuggling.”

The measure also authorizes the supervision and regulation of third parties transacting with the BoC through the “implementation of a risk management system and creating a committee under the bureau for such purpose.”

The substitute bill consolidates six measures seeking to amend the CMTA: House Bills (HB) 783, 784, 800, 2591, 5278 and 5548.

CMTA was signed into law in May 2016 to modernize procedures for “faster trade, reduce opportunities for corruption, improve customs service delivery and improve the supply chain.”

According to Mr. Salceda, despite its passage, Congress has “continuously sought to address the evolving complexities of trade in the furtherance of government collection and public interest.”

“The proposed substitute bill is a collective effort of our legislators to refine the entire customs process by amending pertinent provisions of the CMTA” Mr. Salceda said.

Since the CMTA came into force, the Philippines’ trade facilitation rate hit 80.65% in 2019 from 69.89% in 2017, according to the 2019 United Nations Global Survey on Digital and Sustainable Trade Facilitation. — Genshen L. Espedido

Taal P30-billion funds eyed for dev’t works after downgrade

By Charmaine A. Tadalan
Reporter

THE proposed P30-billion supplemental budget to aid those affected by the Taal ashfall will likely be refocused towards development projects for the region after prospects dimmed for an explosive eruption, a key legislator said.

Representative Jose Ma. Clemente S. Salceda of the second district of Albay, who is the vice chairman of the committee on appropriations, said the urgency has gone out of the supplemental budget after the Philippine Institute on Volcanology and Seismology (Phivolcs) lowered the alert level for Taal to 3 from 4.

Alert level 3 denotes a “high level of volcanic unrest” featuring low-frequency earthquakes, tremors and “forceful” steam and ash emissions. Alert level four indicates an imminent “hazardous eruption,” a condition marked by “earthquake swarms” and “frequent strong ash explosions.” Alert level 4, in force since the volcano ejected large volumes of ash on Jan. 12, is the second-highest level, with 5 indicating an eruption in progress.

“No need for supplemental here because we thought it will erupt,” Mr. Salceda said at a briefing Tuesday.

When asked about pending measures introduced by Batangas representatives in the House of Representatives, Mr. Salceda said “I will support that. We can convert that into a more developmental (measure), which is really the creation of the South-of-Manila growth corridor.”

President Rodrigo R. Duterte had asked the 18th Congress to pass a P30-billion supplemental budget to fund disaster response and rehabilitation efforts.

The lowering of the alert level on Sunday allowed residents in affected Batangas towns and cities to return to their homes. Batangas Governor Hermilando I. Mandanas lifted the lockdown order in force over the towns of Alitagtag, Balete, Cuenca, Lemery, Malvar, Mataas na kahoy, San Nicolas, Sta. Teresita, Taal and Talisay, and the cities of Tanauan and Lipa.

Mr. Salceda said there is no more need for a supplemental budget, noting that the government has sufficient calamity funds after Mr. Duterte extended the validity of the 2019 national budget, which will reinforce the funds on hand from the 2020 General Appropriations Act.

“There are two calamity funds, one that was extended by the President, which is the 2019, P7 billion, tapos ’yung bago (and then the latest budget), which is P16 billion,” he said.

South Korea to provide $50-million facility for feasibility studies

THE Department of Finance (DoF) and Export-Import Bank of Korea (KEXIM) exchanged loan documents Tuesday for a $50-million facility intended to fund feasibility studies and various preliminary activities for infrastructure projects.

Finance Secretary Carlos G. Dominguez III said the $50-million facility (P2.73 billion) will fund the bulk of the total cost of Philippines-Korea Project Preparation Facility (PKPPF) worth $71 million (P3.87 billion).

The balance will be shouldered by the Philippine government through its implementing agencies.

The loan, as approved by the NEDA Board, will be used on pre-feasibility and feasibility studies, detailed engineering designs as well as safeguard assessment analyses.

“These are necessary and integral aspects of any project as they help us determine whether a particular project is economically viable and sustainable over the long term… Rigorous analyses also guide us in determining the best sources of financing for any given project,” Mr. Dominguez said during his speech at the event yesterday.

According to Mr. Dominguez, the loan has a zero interest rate and is payable over 40 years with a 10-year grace period, while the service charges are set at 10 basis points on each disbursement.

He said the funds will speed up the implementation of several major projects for water and irrigation, flood control as well as for roads and bridges.

The loan is earmarked to support projects implemented by Department of Public Works and Highways and the National Irrigation Administration. Currently, the government is considering around 15 projects to be funded by the facility.

Public Works Secretary Mark A. Villar said during the event that some projects being considered are the Pampanga river basin flood project, the Agusan river basin flood project, the Panay river basin flood control project and the Bicol river basin flood control project.

Mr. Villar said the Central Luzon link expressway project Phase 2 as well as the Zamboanga City bypass road will also benefit from the facility.

The latest financing forms part of the second tranche of the South Korean government’s $1-billion pledge to the Philippines.

Last year, the DoF and KEXIM also signed a $173-million loan agreement for the construction of the Cebu International Container Port.

Mr. Dominguez said overall, the government will leave around P1.4 trillion worth of projects in the pipeline for the succeeding administration.

“During the ASEAN-Korea Commemorative Summit in November 2019, Korean President Moon Jae-in referred to the Philippines as the ‘future of Asia.’ If the PKPPF signing and our two countries’ continued cooperation are any indication, the future looks very promising, indeed,” KEXIM) Chief Representative Sungho Jang said. — Beatrice M. Laforga

New hybrid rice program to focus on 100-hectare consolidated farm

THE Department of Agriculture (DA) is launching a pilot test program which subsidizes the process of consolidating farms for planting to hybrid rice, DA adviser for hybrid rice program Frisco M. Malabanan told reporters Tuesday.

Ang isa pong sisimulan ngayong taon na ito na hybrid rice program under the current administration — meron po tayong pilot cluster sa Region 3, Region 6, Region 11. But of course all other regions, sisimulan na rin po ’yung clustering approach. (One thing we’re starting this year is the hybrid rice program under the current administration. We have a pilot cluster in Region 3, Region 6, Region 11. But of course all other regions, we will begin the clustering approach).”

Farmers can consolidate or cluster a minimum of 100 hectares to participate in the hybrid rice.

Initial assistance will be offered for 320,000 hectares, focusing on favorable irrigated and rainfed areas.

“(Planting begins) May and June,” he said.

The budget for the program is close to P30 million per cluster, from the funds of the National Rice Program.

He said 577,000 hectares were planted to hybrid rice in 2018, adding that the DA targets 1.5 million hectares of hybrid rice by 2024 — including agribusinesses not subsidized by the program.

Hybrid rice promises higher yields and better resistance to environmental conditions, but is more expensive and in many cases requires farmer subsidies.

Lahat ng regions magsisimula na ng organization ng cluster this year — hoping by 2021, mabibigyan na ng mas malaking budget ang programa. (All regions will start organizing clusters this year — we are hoping that the program will receive a bigger budget by 2021,” Mr. Malabanan said. — Jenina P. Ibañez

Energy regulator approves reduction in feed-in tariff allowance

THE Energy Regulatory Commission (ERC) said Tuesday that it approved a feed-in tariff allowance (FiT-All) of P0.0495 per kilowatt-hour (kWh), or lower than what was applied for by the government corporation that handles the collected amount from consumers.

“The ERC, in computing the 2019 FiT-All rates, made use of the actual generation billed and the actual cost recovery rate from January until August 2019, among others,” ERC Chairperson and Chief Executive Office Agnes VST Devanadera said in a statement.

The regulator said the approved rate is lower by P0.1976 per kWh compared with the P0.2471 per kWh rate proposed by National Transmission Corp. (TransCo) for 2019. It will also be lower than the P0.1731 per kWh reduction from the current or 2018 FiT-All rate of P0.2226 per kWh.

In coming up with the final rate, the ERC said it considered the feed-in tariff-eligible plants with a certificate of compliance for FiT, and the 2019 forecast incoming run-of-river hydroelectric power and biomass plants.

It said it factored into the computation the extension approved by the Department of Energy (DoE) of the 250-megawatt installation target for the two types of power plants up to Dec. 31, 2019 or its full subscription, whichever comes first.

In its proposal, TransCo estimated an under-recovery of about P122.7 million, but the ERC used the actual over-recovery in the books of the state company as of Oct. 7, 2019 amounting to P6.7 billion.

Ms. Devanadera said the approved FiT-All will be charged to all on-grid consumers supplied with electricity through the distribution or transmission networks starting on the immediately succeeding billing period after TransCo’s receipt of the ERC decision.

“The 2019 FiT-All will result in a reduction in the existing FiT-All rate and will increase the consumers’ purchasing power,” she said.

Asked to comment, the head of consumer group Laban Konsyumer, Inc. (LKI) said he was “feeling happy” after the ERC decision.

In a mobile phone message, LKI President Victorio Mario A. Dimagiba said his group “feels relieved that the regulator listened to our standing advocacy” to reduce the feed-in tariff allowance.

He said a P0.04-per-kWh reduction was submitted by his group to the ERC last year.

“However, LKI reserves (the right) to review the decision on the interest earned by TransCo in the P6.7-billion surplus. How much is the interest earned and should be refunded also to the consumers,” he said.

The FiT-All mechanism was created after the passage of the Renewable Energy Act of 2008, which aims to encourage the development of emerging renewable power sources such as wind, solar, run-of-river hydro, and biomass facilities.

Calculated and set yearly, the FiT-All is a uniform charge in pesos per kWh payable by all electricity users. Distribution utilities, privately owned power grid operator National Grid Corporation of the Philippines, and retail electricity suppliers serve as collecting agents. The proceeds go to the FIT-All fund, which is administered by TransCo. — Victor V. Saulon

Japan warns about risks to economy from China virus outbreak

TOKYO — Japanese Economy Minister Yasutoshi Nishimura warned on Tuesday that corporate profits and factory production might take a hit from the coronavirus outbreak in China that has rattled global markets and chilled confidence.

Asian stocks extended a global selloff as the outbreak in China, which has killed 106 people and spread to several countries, fueled concern over the damage to the world’s second largest economy — an engine of global growth.

“There are concerns over the impact to the global economy from the spread of infection in China, transportation disruptions, cancellation of group tours from China and an extension in the Lunar Holiday,” Nishimura told a news conference after a regular cabinet meeting.

“If the situation takes longer to subside, we’re concerned it could hurt Japanese exports, output and corporate profits via the impact on Chinese consumption and production,” he said.

Automaker Honda Motor, which has three plants in Wuhan, the capital of Hubei province and the epicenter of the outbreak, plans to evacuate some staff.

China is Japan’s second largest export destination. In addition to carmakers, retailers have also become heavily dependent on the country amid Japan’s slow economic growth and shrinking demographics.

Fast Retailing, which operates the popular casual clothing chain Uniqlo, said it had temporarily closed about 100 stores in and around Hubei.

Retail giant Aeon said it was keeping its five supermarkets in Wuhan open after local authorities requested they continue their operation, although some of its mall shops were shut.

The outbreak could hit Japanese department stores, retailers and hotels, which count on a boost to sales from an inflow of Chinese tourists visiting during the Lunar Holiday.

The Chinese make up 30% of all tourists visiting Japan and nearly 40% of the total sum foreign tourists spent last year, an industry survey showed.

“We’re worried that sales and the number of shoppers could fall if the outbreak persists,” said a public relations official at Isetan Mitsukoshi Holdings, a major Japanese department store operator.

“It’s not just about Chinese tourists. We’re also worried that concern over the outbreak may keep Japanese shoppers home.”

Economists at SMBC Nikko Securities estimate that if a ban China has imposed on overseas group tours lasts another six months, it could hurt Japan’s economic growth by 0.05%.

Some expect the potential damage could be much worse.

Hideo Kumano, chief economist at Dai-ichi Life Research Institute, said the decline in tourists from China could hurt Japan’s GDP growth by up to 0.2%.

“The biggest worry is the risk the negative impact from the outbreak persists and hits (the economy) during the Tokyo Olympic Games,” when a huge number of Chinese tourists are expected to visit Japan, he said.

“If the number of visitors decrease rather than increase, the hit to Japan’s consumer industry will be quite large.”

Japan will host the 2020 Olympics in July and August. — Reuters

DPWH completes Samar evacuation center

DPWH logo

THE Department of Public Works and Highways (DPWH) said Tuesday it completed a P36-million regional evacuation center in Catbalogan, Samar and the P96.50-million road dike project in Gubat, Sorsogon.

The DPWH said the new regional evacuation center in Catbalogan, Samar has been turned over to the local government.

“Assistant District Engineer Ruben D. delos Reyes of DPWH Samar 2nd District Engineering Office led the turnover ceremony of the new facility together with representatives from the Office of Civil Defense (OCD) Regional Office 8 and local officials of Catbalogan City,” the department said in a statement Tuesday.

The department added: “It can accommodate a maximum of 150 households from the city or neighboring towns.”

The building project covers the construction of a pharmacy, toilets, and laundry areas, among others.

“The construction of the complex will help reduce or prevent casualties and lessen the physical impact that may affect the health of the residents,” Mr. delos Reyes was quoted as saying.

The department added: “The construction of the dike road was completed by DPWH Regional Office 5 in October 2019 in the amount of P96.50-million funded by the 2018 General Appropriations Act.”

“The project also covers the provision of shoulder, lined canal, rock and earthworks, guardrails, slope protection, and deflector,” it added.

The DPWH said the project is a “two-in-one road and dike project” situated along the coastal barangays of Panganiban, Pinontingan, and Ariman in Gubat.

Public Works Secretary Mark A. Villar said: “Originally aimed to protect this coastal area from flooding and rising seas, as well as provide alternative road to motorists, this 374-linear meter road dike is now attracting tourists as it showcases scenic views of the sea.”

The department also reported Tuesday that the rehabilitation of the 8.24-kilometer San Luis-Binicalan Road in Agusan del Sur, which is worth P147.75 million, is now “79% complete.” — Arjay L. Balinbin

Unlocking the secrets of cash-based budgeting

By Charmaine A. Tadalan
Reporter

LEGISLATORS claim to have spotted another flaw in the cash-based budgeting system, which obliges project funds to be used within one year — a reluctance to start new projects in the third quarter.

The Department of Budget and Management (DBM) has acknowledged this scenario, but calls it preventable if government agencies comply with the rules governing the one-year obligation period for budget funds.

The 2020 National Expenditure Program (NEP) was put into place in the second year of cash-based budgeting, after the much-delayed 2019 budget was held hostage over concerns that project funds might be unspendable due to the one-year limit.

The system allows a three-month Extended Payment Period, provided the goods and services have been delivered, verified and inspected within the fiscal year.

The new budget framework is designed to improve fiscal management, but Finance Committee Chairman and Senator Juan Edgardo M. Angara said agencies might not be inclined to implement new projects beginning September.

“It will force agencies to prepare better and process projects faster,” Mr. Angara said in a Nov. 22 mobile phone message.

“But it’s double-edged because come September or October, agencies may have second thoughts about starting projects knowing the may not be completed by end of that year.”

As late as December, the House of Representatives and the Senate were still deliberating the P4.1-trillion national budget for 2020 at the bicameral conference committee level, before eventually passing the bill on to President Rodrigo R. Duterte, who signed it earlier this month.

The House approved its version, House Bill No. 4228, on Sept. 20; while the Senate passed its version of the spending plan on Nov. 27. The bill had been certified by the President as an urgent measure allowing both Chambers to approve their respective versions on second- and third-reading on the same session day.

Representative Jose Ma. Clemente S. Salceda of Albay’s second district said this “reluctance” reflects the need to ensure that implementing agencies have improved planning capacity as they adopt the new framework.

“Cash-based budgeting assumes there is good planning capacity inside the departments,” Mr. Salceda, who is also House Appropriations Committee Vice Chairman, said in a Nov. 27 interview with BusinessWorld.

“The planning capacity of implementing agencies may need to be boosted in order to comply with, para ’yung nasa budget exact na sa ma-e-execute nila for the year (in order for them to utilize the full budget for the year).”

Another aspect that needs to be improved is the government’s right-of-way acquisition, which has hampered development of key infrastructure projects for years.

Malaking kawalan sa ekonomiya kasi nga (It’s a great loss to the economy because delayed projects) deprive the economy of the stimulus coming from infrastructure, which are generally job-producing and create GVA (Gross Value Added),” Mr. Salceda said.

Public works “expand the capacity of the economy to produce output via the provision of public goods, which will serve as basis for investment as well as basis for the mobility of goods and services and people.”

He said many such delays could be addressed through the proposed Real Property Valuation and Assessment Reform Act, which seeks to centralize valuation and assessment to provide a uniform valuation standard. This will then serve as the basis for appraisers and assessors in adjusting property taxes in their respective local government units.

The measure forms part of the administration’s comprehensive tax reform program, which Mr. Duterte mentioned in his fourth State of the Nation Address on July 22. The proposal is embodied in House Bill No. 4664, which won final approval at the House on Nov. 25; but its equivalent legislation remains pending at the Senate Committee on Ways and Means.

At present, most local government units utilize outdated real property values which result in valuation disputes that take years to settle.

Case in point is the Marikina Bridge and Access Road, which took 17 years to resolve. Mr. Salceda reported that between 2000 to 2017, assessors valued the property at P6,000-P37,050 per square meter as a result of conflicting assessment methods.

“For the benefits of a cash-based budgeting to be felt and to become real, you need other elements to come in and I will always go back to planning capacity, then right-of-way acquisition,” Mr. Salceda said.

The DBM, meanwhile, allayed concerns about government agencies hesitating to implement new projects around September or October; but for the most part, encouraged agencies to prepare their budgetary plans for the succeeding year beginning July to August.

“In the cases that for one reason or another, may nangyari sa procurement (in case procurement is delayed), you can start the project as well by September or October, but that means you’ve got to be able to appropriate the same project for the next year para may (so that there will be) continuity,” Undersecretary Laura B. Pascua said in a Dec. 5 interview with BusinessWorld.

“You just have to be able to anticipate which project schedules will flow to the next budget and be sure there are appropriations for that.”

Ms. Pascua leads the Department’s Budget Policy and Strategy Group, and the Supervision of the Fiscal Planning and Reforms and Budget Information and Training Services.

The DBM officially kicked off the shift to a cash-based budgeting system in 2019 from the multi-year obligation budgeting system, as affirmed under Executive Order No. 91, s. 2019. Prior to this the DBM eased in the transition by beginning to limit budget validity to two years for the 2017 spending plan and to one year for 2018.

Ms. Pascua noted that based on DBM assessment, obligation rates of agencies improved in 2017-2018 against their performance in 2015-2016. In 2017, agencies’ obligation rate rose to 95.6% from 85.4% and 84.6% in 2015 and 2016, respectively.

Rates declined to 93.1% in 2018, which the DBM attributed to late procurement activity and failed bids.

“The essence (of a cash-based system) is you focus on the implementation for the year, which means that: one, you do your planning way ahead of time,” she said.

“And number two, procurement is very important. That’s why we encourage agencies to do their procurement during the last half of the year,” she said, noting that ideally agencies should begin procurement activities once the President submits the NEP to Congress for deliberation.

Ms. Pascua said at this time, government agencies may begin early procurement activity concerning items that the DBM has already included in the budget. The Government Procurement Policy Board, for its part, constantly updates the implementing rules and regulations of the Government Procurement Reform Act of 2003, or Republic Act No. 9184.

The GPPB also capacitates government agencies through training and regular consultations on the procurement process to complement the new budget framework.

“The Government Procurement Policy Board (GPPB) ang ginagawa nila (what they’re doing is), they’re doing the rounds of departments training, they consult regions kung ano ’yung mga problema sa (on problems regarding) procurement,” she said.

On top of this, the 18th Congress can aid in improving the procurement law by doing away with the lowest-bidder policy, which assumes that the most advantageous bid is the contract the offers the least cost.

“They think that government only procures on the basis of cost, but you should also consider the same spec(ifications) and then you compare the cost,” she said.

“To discourage that way of thinking that government only procures on the basis of cost, gagawin na lang (instead we will change the policy to) ‘most advantageous bid’ to consider the specs and the cost.”

Currently, only Senator Aquilino L. Pimentel has filed a Senate Bill that proposes the same; but no such measure has emerged in the House of Representatives. The measure was not tackled in the 17th Congress as it was not backed by then-DBM Secretary Benjamin E. Diokno.

The DBM also disclosed it will be pushing for the institutionalization of the cash-based system, which it hopes the 18th Congress approves before the first regular session closes on June 5.

LGU role in solid waste a hurdle in waste-to-energy projects

A BILL outlining the regulatory regime for waste-to-energy facilities is encountering various hurdles because local governments, which are now responsible for managing solid waste, may not have the resources to pursue such projects.

“There are two constraints. From the hearing, I can see that this is a very complicated bill,” Senator Sherwin T. Gatchalian, who proposed the bill, told reporters after a Senate hearing on the measure Tuesday.

“Complicated in a sense na ang (that) solid waste management is a devolved function to the local government. But… waste-to-energy (involves) high capital expenditure, meaning you need scale, kailangan mo malakihan (You need a big investment),” he added.

Mr. Gatchalian introduced Senate Bill No. 363 in July during the 18th Congress. The proposed legislation seeks to establish a national energy policy and framework for facilities using waste-to-energy (WTE) technologies.

He said reconciling the devolved function of solid waste management and the big investment needed to build a WTE facility is complicated as many local government units (LGU) do not produce enough waste; neither do they have the financial capability to finance a project to generate energy from waste.

Mr. Gatchalian earlier said that the passage of the bill would help solve the country’s perennial garbage problem. He had said that the measure will not only encourage the development of new technologies in the treatment and disposal of solid waste, but also supports the expansion of bioenergy to attain sustainable energy.

During the hearing, he asked the departments of Energy, Environment and Natural Resources, and Science and Technology to come up with a comprehensive study on waste-to-energy facilities.

“What we want is for these three departments to get together, come up with a preliminary study to look at the capacity, to look at the potential for energy, to look at the environmental concerns as raised by some sectors so that we will have some preliminary idea on how waste to energy can solve our solid waste issues,” he said.

He said WTE facilities, which convert non-recyclable waste materials into useable heat, electricity or fuel through a variety of processes, could be the solution as the three Rs — reuse, recycle and reduce — have proven to be a failure.

“Less than 30% of the barangays conduct three Rs, 70% tinatapon lang kahit saan saan (70% throw their garbage anywhere),” he said.

“On top of that, we have 330 open dumpsites. In the law that was passed 20 years ago, bawal na ang open dumpsites (open dumpsites are not allowed), but because of financial and logistical issues, meron pa tayong open dumpsites (we still have them),” he said.

Ahead of the bill’s passage, local government units such as Davao City and Puerto Princesa City have embarked on WTE projects.

Tristan Dwright P. Domingo, assistant administrator of Davao City, said the city government is trying to “lobby” the national government for P3 billion to help fund the project.

In 2018, the city secured a 5.013 billion yen, or P2.5 billion, grant from the Japanese government for the development of waste-to-energy facilities in Davao City. The project was meant to be an innovative example of sustainable waste management for other cities to emulate.

“Right now, as part of our commitment before we fully utilize the funds we have to have this final feasibility study,” he said in an interview after the Senate hearing.

He said the study, which is now focused on the financial aspect of the project, is scheduled to be completed next month.

“From there, we’ll decide whether to push through with the project or not. If the financial side tells us that it is not viable for us, then the grant would be returned to the Japanese government,” he said. — Victor V. Saulon

Budget 2020: The National Pork?

“Pork barrel” today refers to selective government allocation and spending driven by electoral or political incentives. The term dates back to a time in the West when preserving meat was actually done in wooden barrels for future consumption. The term has since seeped into popular usage as a metaphor for the allocation of political largesse or favors.

According to a study done by De La Salle University political science professor Ronald Holmes, there are three types of pork with two variants each that can be seen in post-Marcos Philippines, namely: 1. Congressional pork (Slush Funds and Earmarks); 2. Presidential projects-based pork (Appropriated and Off-budget); and, 3. Quasi-pork (Impoundment/Augmentation and Blank Check). These are premised on the significant budgetary powers of the President that very actively promotes particular vested interests. These interests signify four “motivations”: 1. Passage of legislation; 2. Election incentive; 3. Political survival; and, 4. Personal enrichment.

Mr. Holmes’ study was designed and conducted prior to the start of the Duterte Administration, hence, it does not include the current regime among its cases. Given the many issues that have now been raised by politicians and observers outside government, we should look more closely at the 2020 National Budget, including the way it was passed from being the National Expenditure Program (NEP), to becoming the General Appropriations Bill adopted by the House of Representatives and the Philippine Senate, to being the General Appropriations Act (GAA) with the signature of the Philippine President.

The P4.1 trillion national budget is seen as being loaded with pork barrel inclusions, what with, among others, its accommodation of huge intelligence funds and increased Special Purpose Funds (SPF) allocation, while slashing other funds after it was passed at the House of Representatives. Intelligence funds are unaudited sums of money while SPF are appropriations provided to cover expenditures for specific purposes which the recipient departments/agencies have not yet identified during budget preparation.

To illustrate, under the Office of the President alone, the allocated confidential and intelligence expenses totals P4.5 billion. This does not even include what is tucked into the huge national defense chest.

Then there is this: there was P633.44 billion in SPF in 2019, while this year, the SPF is at P684.20 billion. This means a P50.73-billion hike for specific purposes that “have not yet been identified during budget preparation.” This amount is 62% of the total budget for all departments and their agencies. This practice simply eschews transparency, accountability, and the national interest. It is government waste and a prime manifestation of divesting taxpayers’ money. And we seem to have a parallel bureaucracy in our midst.

On Sept. 20, 2019, with President Rodrigo Duterte’s order to expedite things, Malacañang’s budget proposal flew through the House of Representatives with 457 votes to six in favor of passing House Bill 4228 or the general appropriations bill (GAB) for 2020. There were no abstentions.

There are also observations that the budget was not distributed well, particularly in areas that needed it the most. The Congressional Policy and Budget Research Department of the House of Representatives itself shows in one of its published papers that “the budget share of Mindanao has been declining from 15.3% in 2017 to 12.5% in 2019, before inching back to 13% in 2020 (as proposed). Similarly, the shares of Luzon and Visayas steadily decreased during the period 2017-2020. As proposed for 2020, Luzon captures 21.4% of the total NG (national government) budget while Visayas gets 9.3%.”

The National Capital Region (NCR) is getting much more, proportionally, compared to these broader areas. If one were to consider the names of Senators and Representatives who pushed and promoted certain items during the actual budget, one may not be so surprised to note that, among others, there are particular cities that are getting more allocations compared to other areas that are even more needy and thus require more national government support.

It is very possible that even though the budget for education, health, and infrastructure under President Duterte’s administration are prioritized, the real use of such funds will go to favored but not necessarily more needy areas, groups, and constituents. How such favored cities seem to be unduly favored in the national budget allocations despite the fact that there are more needy areas out there could be just the tip of the pork iceberg, as it were.

Such irrational use of our limited resources for particular politicians’ political survival, electoral viability, or personal enrichment, certainly has an impact on our economic state. Aside from mere perceptions of corruption, the continuing practice of pork could be a major factor in the slowing down of our economic growth in the last couple of years.

 

Louie C. Montemar is an Education Fellow at the Stratbase ADR Institute, and a Professor of Sociology and Political Science.

VFA headed for the scrap yard?

Will the VFA be scrapped? What would its far-reaching consequences be to national security and nation-building?

As a result of America’s continued criticism and political interference in the country’s internal affairs, the Visiting Forces Agreement (VFA) is now in trouble. President Rodrigo Duterte’s cup has runneth over, so to speak, with the consortium of regime changers that he’s now making America choose between its selfish political interests and its national security interests in the Indo-Pacific theater.

The trigger was the cancelation of Senator Ronaldo de la Rosa’s US visa on account of his involvement in the anti-drug war as then PNP Chief, most likely due to the Global Magnitsky Act that imposes sanctions on human rights violators. It was seen as another American insult to the president.

The VFA consists of two separate documents. The first is commonly referred to as “the VFA” or “VFA-1” while the second is called the “VFA-2” or “the Counterpart Agreement.” It’s a variant of a Status of Forces Agreement, or SOFA, that applies to troops temporarily in a foreign country, which was hotly debated during the PH-US Bases Talks in the early 1990s. The agreements came into force on May 27, 1999, upon ratification by the Philippine Senate. The US, however, regards these documents to be executive agreements not requiring its Senate’s approval.

VFA-1 essentially allows the US government to retain jurisdiction over its military personnel accused of committing crimes in the Philippines, unless the crimes are “of particular importance to the Philippines.” For crimes without this significance, the US can refuse to detain or arrest accused personnel, or may instead prosecute them under US jurisdiction. Our local courts have one year to complete any legal proceedings. It also exempts US military personnel from visa and passport regulations in the Philippines.

It contains various procedural safeguards such as the right to due process and proscribing double jeopardy. It prevents US military personnel from being tried in Filipino religious or military courts; requires both governments to waive any claims concerning loss of materials (though it does require that the US honor contractual arrangements and comply with US law regarding payment of just and reasonable compensation in settlement of meritorious claims for damage, loss, personal injury or death, caused by acts or omissions of United States personnel); exempts material exported and imported by the military from duties or taxes; and allows unrestricted movement of US vessels and aircraft in the Philippines.

VFA-2, on the other hand, requires the US government to notify Philippine authorities when it becomes aware of the apprehension, arrest or detention of any Philippine personnel visiting the US and, when so requested by the Philippine government, to ask the appropriate authorities to waive jurisdiction in favor of the Philippines, except in cases of special interest to the US Departments of State or Defense. Waiving of jurisdiction in the US is complicated because the United States is a federation of US states and therefore a federation of jurisdictions.

It also contains various procedural safeguards to protect rights of Philippine personnel to due process and proscribes double jeopardy; exemption from visa formalities and guarantees expedited entry and exit processing; acceptance of Philippine drivers licenses; allows carrying of arms at US military installations while on duty; personal tax exemptions and import/export duty exclusions; requires the US to provide health care; and exempts Philippine vehicles, vessels, and aircraft from landing or ports fees, navigation or overflight charges, road tolls or any other charges for the use of US military installations.

President Duterte threatened to abrogate the VFA if the visa cancelation of Philippine personalities involved in the anti-drug campaign and allegations of human rights offenses are not rectified within 30 days. Immediately, the Department of Foreign Affairs (DFA) began the process of termination of the VFA in coordination with the Department of Justice’s (DoJ) review of the procedures required as well as the impact on the Mutual Defense Treaty (MDT) and the Enhanced Defense Cooperation Agreement (EDCA).

His threat was premised on two important points: one, the Philippines is an independent sovereign state with functioning institutions that should be respected by other states; two, the Philippines is no longer a colony or sub-state of the US. More importantly, he wants to review and correct all onerous contracts that are disadvantageous to the Philippines. That’s part of his job, his duty and responsibility as Head of State.

The US gave him the opening to subject the VFA to such a review conducted by the DFA, DoJ, and the Department of National Defense (DND) which will study the potential impacts to the MDT and EDCA. The MDT itself is outmoded in that no longer provides relevant mutual security in the 21st century. Defense Secretary Delfin Lorenzana has expressed the view that it should be reviewed the soonest possible.

EDCA, on the other hand, provides for increased US military presence in the Philippines. It was an “adjustment in detail” for the implementation of the MDT and VFA. In 2016, the Supreme Court voted 10-4-1 to declare EDCA constitutional, affirming that an executive agreement doesn’t need the Senate’s concurrence. Both the VFA and EDCA are appendages to the MDT, but if one party does not consider them integral to the MDT, its review for appropriate action is the right thing to do.

Clearly Philippine-USA relations are at a crossroads. We want a broad, reciprocal and mature relationship with the US. But does it, really? While our relationship has undoubtedly evolved since 1991, there are lingering issues such as interference, inequality, and lack of reciprocity. Either way, it’s still incumbent on the Philippine government to reach out to the world to strengthen its bilateral and multilateral relations for its long term security, growth and development in a community of free and mutually respecting nation-states.

In the famous words of President Donald Trump, “Let’s see what happens.” My response would be, “Mr. President, make it happen.”

 

Rafael M. Alunan III is a former Secretary of Interior and Local Government and chairs the Philippine Council for Foreign Relations.

rmalunan@gmail.com

map@map.org.ph

http://map.org.ph