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Peso weakens vs dollar

THE PESO weakened on Thursday after data showed first-quarter gross domestic product (GDP) slumped for the first time since 1998 due to global supply chain disruptions and the onset of the Luzon lockdown.

The local unit ended at P50.56 per dollar yesterday, depreciating by 10 centavos from Wednesday’s close of P50.46 against the greenback, data from the Bankers Association of the Philippines showed.

The local currency opened the trading day at P50.54 per dollar, weakening to as low as P50.57, while its strongest showing stood at P50.48 per dollar.

Dollars traded inched up to $558.39 million from the $539.19 million posted the day prior.

Rizal Commercial Banking Corp. Chief Economist Michael L. Ricafort attributed the weaker peso to the lower-than-expected GDP data released earlier that day.

Using the new base year of 2018, the Philippine Statistics Authority (PSA) reported Thursday that first-quarter GDP contracted by 0.2% year on year coming from the 6.7% and 5.7% growth reported in the fourth quarter and in the first quarter of 2019, respectively.

The contraction was the first time the country’s economic output declined since the three-percent contraction in the fourth quarter of 1998.

Mr. Ricafort said the first quarter contraction was mainly due to disruptions in production and supply chains here and overseas when the Luzon lockdown started in the last two weeks of March.

“This was also partly brought about by the economic damage/disruptions brought about by the Taal volcanic eruption and the lockdown in China, the world’s second-biggest economy, for most of 1Q 2020, followed by lockdowns in many other countries around the world that resulted to year-on-year contractions in tourism, manufacturing, and trade especially exports and imports,” he said.

Of the major economic sectors, services managed to grow by 1.4% year on year albeit at a slower pace than 7.1% seen a year ago. Meanwhile, agriculture and industry sectors declined by 0.4% and three percent, respectively.

On the spending side, household consumption recorded a flat 0.2% growth while government expenditures rose 7.1%, both slowing down from the previous quarter’s growth of 6.2% and 17%, respectively.

“Peso (was) also weaker after some upward correction in global crude oil prices recently to three-week highs,” Mr. Ricafort added in a mobile phone message.

Meanwhile, a trader said another factor that the market might have priced in was the “grim US labor reports” that will be out Friday evening.

Mr. Ricafort expects the peso to trade within the P50.40-50.65 per dollar levels on Friday while the trader sees it settling between P50.50 and P50.70. — Beatrice M. Laforga

Economic team proposes P131-B in relief measures

THE government’s economic managers proposed to Congress on Thursday P131 billion in new programs to help the vulnerable members of the population deal with the coronavirus disease 2019 (COVID-19) emergency.

The package for relief measures is known as “Bayanihan II” as a follow-up to the initial measures contained in the Bayanihan to Heal As One Act or Republic Act 11469, according to a presentation made by the Economic Development Cluster (EDC) to the House of Representatives.

The P131 billion total is equivalent to 0.67% of gross domestic product (GDP).

Some P50 billion from the relief component will supplement the capital of state-owned Land Bank of the Philippines (LANDBANK) and Development Bank of the Philippines (DBP).

A further P30 billion from the relief component will go to the government’s emergency subsidy program while P21 billion more will be directed to the wage subsidy program. The extra funds are expected to benefit nine million families and 2.6 million workers, respectively.

So far, the government has rolled out a P205-billion social amelioration program to help poor families and those in the informal sector during the lockdown, as well as a P51-billion wage subsidy program for affected employees of small businesses.

The cluster also proposed P20 billion for the government’s credit guarantee program to help affected businesses gain access to loans for working capital, as well as P10 billion to buy 3.5 million more test kits.

The proposal also includes low-interest loans and reallocated budgets for priority projects identified under the Build, Build, Build infrastructure program and the affected sectors.

The Bayanihan II was part of the entire economic recovery component “PH-Progreso,” worth P711 billion or equivalent to 3.8% of GDP.

Detailed breakdowns are not yet available, beyond the stipulation that P551 billion will be provided via adjustments to monetary policy, financial sector regulatory relief measures, reallocated savings from the 2019 and 2020 budgets and contributions from private sector.The sources for the remaining P160 billion will be generated via fiscal policy measures through the national government budget.

In a separate news conference Thursday, NEDA Acting Director-General Karl Kendrick T. Chua said the proposed recovery plan will focus on building confidence in the safety of public life and stimulating domestic demand once the country slowly transitions out of strict lockdown measures.

The economic team, which includes the National Economic and Development Authority (NEDA) and the Department of Finance (DoF), has been working on a recovery plan to help the country adapt to the post-pandemic reality.

“The key here in the recovery plan is to enhance the confidence of the people (that) it is safe to go to the grocery, go to work, that is our top priority,” Mr. Chua said.

The second priority is to “stimulate domestic demand” which Mr. Chua said can be done by enhancing the entire food value chain, from farms, logistics, food product and preparation up to the point of sale.

NEDA has been conducting rapid surveys to assess the impact of the enhanced community quarantine (ECQ) on businesses, collecting 44,000 responses from micro, small and medium-sized enterprises, 8,000 from agriculture sector and 300,000 from consumers.

While full results are not yet available, Mr. Chua has said that the surveys show businesses sustained some P700 billion in losses because of the quarantine, while many enterprises were under pressure to retain jobs.

The House is currently legislating the proposed Philippine Economic Stimulus Act (PESA) in its various versions, including consolidated bills originally proposed by Representative Jose Maria Clemente S. Salceda of Albay and Marikina Rep. Stella Luz A. Quimbo of Marikina.

According to Rep. Sharon S. Garin of the AAMBIS-OWA Party-List, who co-chairs the House’s Defeat COVID-19 committee economic stimulus cluster, the latest draft of PESA proposes about P475 billion in the first year of the intervention period of 2020–2022. It is currently being discussed at committee level.

The draft bill declares as its priorities the preservation of jobs and targeted assistance to industries.

“Primarily, the interventions are not direct amelioration or dole outs, otherwise they won’t be sustainable and affordable,” Ms. Garin told reporters via Viber on May 5, Tuesday.

The EDC is chaired by the DoF, with its members: NEDA and the Departments of Trade and Industry; Budget and Management; Public Works and Highways; Transportation and Communication; Energy; Science and Technology; Tourism; Agriculture; and Interior and Local Government. — BML and GLE

Note: The story has been edited to include the Bayanihan II under the PH Progreso

NTC seeks amendments to allow broadcast operations during franchise renewal

By Arjay L. Balinbin
Reporter

NATIONAL Telecommunications Commission (NTC) Deputy Commissioner Edgardo V. Cabarios said the lesson the Commission learned from dealing with the franchise issue of ABS-CBN Corp. is that the Act No. 3846 or the Radio Control Law that it cited in its cease-and-desist order against the broadcaster needs to be updated to allow operations pending the franchise renewal process.

The Radio Control Law empowers the NTC to control the allocation of spectrum.

Baka pwede nang i-amend (It might be time to amend it). It has been a law even before we became a republic. 1931 pa kasi ‘yan. Batas na ‘yan even before the Commonwealth (It’s been a law even before we became a republic. It’s been on the books since 1931, predating the Commonwealth),” Mr. Cabarios told BusinessWorld in a phone interview Wednesday.

He added: “It is an antiquated law, so maraming provisions doon na kailangan nang i-amend. Kasi una nakalagay doon lahat ng nag-o-operate ng radio stations, maski na walkie-talkie mo lang, maski na cellphone mo lang, kailangan may permit ka, it’s impractical (Many provisions could be amended. It states that all radio stations, even handheld two-way radios or even cell phones need a permit. It’s impractical)” he said.

The NTC issued a cease-and-desist order against the media company on Tuesday citing Act No. 3846, which states that “no person, firm, company, association, or corporation shall construct, install, establish, or operate a radio transmitting station, or a radio receiving station used for commercial purposes, or a radio broadcasting station, without having first obtained a franchise therefor from the Congress of the Philippines.”

Mr. Cabarios said the provision should be updated to allow a broadcasting company to continue operations while awaiting the renewal of its franchise.

Pwede naman siguro maglagay ng provision doon na while the application for renewal of the franchise is pending, considered valid pa rin ang franchise, kasi ngayon wala ‘yan. Kung expired, ay expired talaga (It might be possible to allow operations while renewal applications are pending — under which conditions the old franchise id deemed still valid. Right now that’s not possible. If it’s expired, there is no recourse),” Mr. Cabarios added.

He said there is no provision in the old law that authorizes the Commission to issue a provisional authority to a broadcasting company which is still awaiting the renewal of its franchise.

Kasi our issuance of any kind of authority, provisional or permanent, is always predicated on a valid franchise. Without a valid franchise we cannot issue anything,” Mr. Cabarios said.

He noted that there have been discussions to amend the old law.

Pero ngayon baka naman mapabilis na (Things might be expedited now),” he added.

The NTC gave ABS-CBN 10 days from the receipt of its order to explain why the frequencies assigned to it “should not be recalled for lack of the necessary Congressional Franchise as required by law.”

Ordered closed are five AM radio stations, which include DZMM-AM in Obando, Bulacan; 18 FM radio stations; 42 TV stations; and 10 DTTB stations.

ABS-CBN said its cable news channel ANC, online websites and video streaming service iWant are not affected by the order.

President Rodrigo R. Duterte has threatened to block the renewal of the ABS-CBN legislative franchise after a dispute during the 2016 campaign over the airing of his political ads.

In a statement, ABS-CBN said: “We trust that the government will decide on our franchise with the best interest of the Filipino people in mind, recognizing ABS-CBN’s role and efforts in providing the latest news and information during these challenging times.”

NAIA revenue foregone due to ECQ tops P1 billion

ESTIMATED revenue foregone by the Ninoy International Airport (NAIA) due to travel restrictions imposed under the enhanced community quarantine (ECQ) topped P1 billion at the end of April, the Manila International Airport Authority (MIAA) said.

Sa ngayon, ayon sa last tally namin, noong end of April ay tumatala na po kami ng almost mahigit po isang bilyon na losses sa ating revenue (At last count at the end of April, we estimate over P1 billion in lost revenue),” MIAA General Manager Eddie V. Monreal said in a virtual briefing Thursday.

He noted that NAIA used to handle an average of 768 flights per day before the lockdowns caused by coronavirus disease 2019 (COVID-19).

Minsan sampung flights a day ang commercial flights natin (Sometimes we have only 10 commercial flights a day),” Mr. Monreal said.

He also said it may take time for the country’s main air hub to recover when the capital shifts to the more relaxed general community quarantine (GCQ).

“I’m really fervently hoping na sana bumalik na sa dating sigla pero medyo matagal (I hope operations return to their former levels but it will take time). It’s wishful thinking… marami po tayong mga restrictions at siguro we have to build passengers’ confidence in terms of travelling (There are still many restrictions and it will take time to rebuild confidence in air travel). Magagawa natin ‘yan sa tulong ng ating mga kababayan na sumunod at tumalima sa ating mga panuntunan…para ang inyong area ay maging COVID-free (We’ll do it with the cooperation of our countrymen who will follow the rules to help keep us COVID-free),” he said.

The government on Wednesday announced new rules for the so-called new normal at international and domestic airports.

MIAA said it will enforce distancing rules, conduct temperature and contactless security checks with the resumption of commercial flights.

It said social distancing will be enforced at all queuing points, and temperatures checked at security and vehicle checkpoints at the four terminals of the capital’s international airport.

Malacañang has said that the temporary ban on international inbound flights that started on Sunday will run until 11:59 p.m. on May 8.

MIAA said people entering the airport must wear face masks, adding that it has acquired 133,750 surgical face masks and 4,500 washable masks for its workers.

Only passengers with valid travel documents and confirmed bookings for the day will be allowed to enter the airport. — Arjay L. Balinbin

LGUs buy P1.58 billion worth of farm produce during ECQ

LOCAL government units (LGUs) have bought P1.58 billion worth of agricultural products from farmers and fishermen for distribution to their constituents since the implementation of the enhanced community quarantine on March 15, the Department of Agricuture said.

LGU purchases include palay, (unmilled rice), rice, corn, vegetables, fruit, pork, chicken, fish, and spices, which they package for distribution to vulnerable citizens.

“Around 245 LGUs heeded our call to patronize the products of our farmers and fishers and make these part of food packs distributed to their constituents. This number is certainly growing as we speak,” Agriculture Secretary William D. Dar said.

“It is the DA’s job to ensure enough supply of food in the country. Our LGUs can count on us to link them to our food producers, while they help us market farmers’ produce and provide every household with adequate and affordable food,” Mr. Dar said. — Revin Mikhael D. Ochave

The use of force

THE American writer William Carlos Williams (1883-1963) was also a lifelong doctor of medicine. In one of his short stories, “The Use of Force,” the narrator-physician recalls making a house call to check on a little girl who, her parents suspect, has caught diphtheria during an outbreak of that disease among children.

When asked to do so by the doctor and her parents so her throat can be examined, the girl refuses to open her mouth. The doctor then uses brute strength to force her mouth open even if it hurts her. Although he admits that his prevailing over the girl gave him an unsettling feeling of pleasure, he nevertheless tries to justify the use of force as necessary for her own good.

The Williams story provides a disturbing insight into how power feeds on and is sustained by violence, how force is too often the first choice of the powerful to impose their will on others, and how its exercise can be intoxicating. The use of force is in this sense as pathological as diphtheria or COVID-19 (coronavirus disease 2019).

Those who have power over others thus dismiss the harm that the use of violence against the weak and defenseless does, and they even justify it as necessary for the victim’s own sake. Not only Ferdinand Marcos used his own version of that argument — he dismantled the Republic to “save” it — in justifying his declaration of Martial Law in 1972. Filipinos have since heard politicians of various stripes issuing such inane variations of it as that curtailing free expression is protective of democracy, that human rights have nothing to do with human lives, or that war is the way to peace. But only in the last four years has the use of violence been as consistently and openly defended and used as State policy.

Even before his election to the highest office of the land, then candidate Rodrigo Duterte was already declaring that he would save the country from the allegedly widespread problem of illegal drugs by killing as many as 100,000 people. Within months of his assuming the presidency he had partially made good on that promise, and triggered the worst human rights crisis in the Philippines since the Marcos dictatorship.

Over the last three years, Mr. Duterte has repeatedly justified the use of force rather than due process and the rule of law, and what the police is doing because it is supposedly necessary to protect everyone including the youth — some of whom, like 15-year-old Kian de Los Santos, were among those extrajudicially killed for “fighting back” during alleged police anti-drug operations.

Until the eve of the COVID-19 pandemic last year, the Duterte regime was still resisting the call for a humane, rehabilitative approach to drug addiction. It was also ignoring the widespread and growing demand to focus on curbing the entry of illegal drugs into the country. Admittedly, however, the number of drug-related extrajudicial killings has dropped over the last two years partly because of international outrage and partly because, as Mr. Duterte himself has admitted, the drug problem has persisted despite his kill-them-all policy.

But the use of unaccountable violence has continued. It has partly shifted to what may be described as the second stage of the human rights crisis — the“Tokhang” killings marked the first — that Mr. Duterte created: the systematic suppression of dissent and political and social activism. Farmers have been killed for demanding land reform, indigenous people’s communities militarized, and regime critics and suspected members of the New People’s Army (NPA) as well as of its supposedly allied legal mass organizations arrested and detained on manufactured charges, and even murdered.

It was inevitable for the same reliance on the use of force and other forms of State coercion to dominate the regime’s bumbling attempts to address the COVID-19 pandemic. The overwhelming presence of police and military personnel in Mr. Duterte’s initial declaration of a lockdown in the National Capital Region was the first sign that he was militarizing the government response, such as it was, to the public health coronavirus crisis. This was followed by the Bayanihan to Heal as One Act (Republic Act 11469) that his congressional accomplices passed in record time, which gives Mr. Duterte extraordinary powers. In addition, he has banned mass gatherings, restricted movement, and mobilized the military, while the police arrest alleged violators of quarantine rules and those who supposedly spread false information (“fake news”).

These and subsequent events suggest that the Philippine human rights crisis has indeed entered a third and no less dangerous stage than stages one and two.

Last March, 21 people who were asking for government help were arrested and detained, to which Mr. Duterte reacted by declaring over national TV that he was ordering the police to “shoot dead” future violators of his ban on mass assemblies. He also promised to “bury” them,

In April, a Cebu businesswoman was arrested without a warrant for a satirical Facebook post. In the same month, a Makati homeowner was assaulted by the police for objecting to the police’s entering his yard to arrest his househelp for not wearing a face mask.

Several Quezon City barangay thugs beat up a fish vendor for the same offense. And as if in obedience to Mr. Duterte’s TV announcement that he was ordering the police to “shoot dead” violators of quarantine rules, also in Quezon City, a former Philippine Army corporal was shot and killed by the police.

During a television appearance two weeks before the April 30 end of the Enhanced Community Quarantine in metro Manila and surrounding provinces that the government extended to May 15, Mr. Duterte threatened to declare martial law and arrest members of such legal organizations as the human rights defenders’ group Karapatan.

On the very first day of May, 42 people including a lawyer who were protesting the murder of a political activist in Iloilo City were arrested and accused of illegal assembly among other offenses.

Eighteen student volunteers and community leaders who were running a soup kitchen in Quezon City have also been arrested on the claim that feeding their hungry countrymen is illegal.

As indicative as they are of how the use of force, intimidation, and coercion as policy has been accepted by much of the civilian and military bureaucracy without question, these incidents won’t be the last.

With the loss of their livelihoods and the threat to their health and lives, what most of the people need are the means to tide them over, and some assurance that the government has the vision, the competence and the will to revive the economy, prevent a second wave of infections, and generally, to oversee a return to normal after the fear and trauma of the pandemic. But the much publicized social amelioration program has benefited only a small number of poor families, and much of what the government is doing is adding to the uncertainties and the suffering that many are going through in this time of national peril.

The Philippine experience has amply demonstrated that the use of force, as materially, politically and pathologically rewarding as it may be to presidents, police and military enforcers, and even barangay goons and other low-lifes, simply doesn’t solve anything. Apparently, however, that lesson is lost on this country’s self-serving and ineffectual ruling elite and bureaucracy that some political scientists have quite accurately described as predatory and among the worst in Asia.

 

Luis V. Teodoro is on Facebook and Twitter (@luisteodoro).

www.luisteodoro.com

Congressmen seek to outlaw POGOs, say they’re a menace

By Genshen L. Espedido

THIRTY-ONE congressmen have filed a bill seeking to outlaw offshore gaming operations in the Philippines, calling the sector a social menace.

Philippine offshore gaming operators or POGOs “have increasingly become a social menace and a source of unimaginable corruption,” the lawmakers led by Manila Rep. and Minority Leader Bienvenido M. Abante, Jr. said in the explanatory note of House Bill 6700.

“It has made a mockery of our anti-money laundering, immigration and tax laws,” they said. “It has been a source of untold criminal offenses and heinous crimes related to the conduct of such operations.”

The proposed Anti-POGO Act will ban “online games of chance or sporting events via the Internet using a network and software or program, exclusively to offshore authorized players, within the Philippine territory.”

The bill will also outlaw service providers for offshore gaming operations here, the creation of POGO hubs and gaming laboratories and possession of gaming paraphernalia.

The licenses of all foreign-based operators, local gaming agents, POGOs and service providers will be revoked.

The bill comes after the government of President Rodrigo R. Duterte allowed offshore gaming operators — mostly Chinese companies that employ their own citizens — to reopen under a relaxed lockdown amid a coronavirus pandemic.

The local gaming regulator on Monday said offshore gaming operators in the country offer essential services and should be allowed to operate during the lockdown.

The government would let them reopen provided they have paid their tax liabilities, Diane Erica Jogno, a senior offshore gaming officer at the Philippine Amusement and Gaming Corp., (Pagcor) said at a news briefing this week.

The country’s anti-coronavirus task force allowed offshore gaming operations here, mostly based in Metro Manila, to reopen with up to 30% of their workforce after they were classified as part of the business process outsourcing (BPO) sector.

But the IT and Business Process Association of the Philippines said at the weekend Philippine Offshore Gaming Operators (POGO) are not business process outsourcing companies, which are licensed by the Philippine Economic Zone Authority. POGOs are under Pagcor.

“The continued operation of POGOs is a public exhibition and a confession of frustration over, and inability to properly address our pitiful national economic condition,” the lawmakers said.

Pagcor Chairwoman and Chief Executive Officer Andrea D. Domingo did not immediately reply to text and Viber messages seeking comments.

Presidential spokesman Harry L. Roque told a news briefing on Thursday government revenue from offshore gaming operations would be used in the fight against the COVID-19 pandemic.

“What’s important is the P1 billion monthly revenue from POGOs will go to our anti-COVID-19 efforts,” he said in Filipino. Offshore gaming companies here employ about 35,000 Filipinos, he added.

President Duterte on March 17 locked down the entire Luzon island, suspending work, classes and public transportation to contain the coronavirus outbreak that has sickened more than 10,000 and killed at least 685 people in the Philippines.

People should stay home except to buy food and other basic items, he said.

Mr. Duterte relaxed the lockdown for some areas of the island starting May 1 and extended the so-called enhanced community quarantine for Metro Manila, some cities and provinces until May 15. — with Gillian M. Cortez

New demands in a post-pandemic period

Controversial French writer Michel Houellebecq recently declared that the world will be just the same after the coronavirus — only worse. Houellebecq described COVID-19 as a “banal virus” with “no redeeming qualities.” He warned that self-distancing and home-working accelerate isolation — the “obsolescence of human relationships.”

Indeed, incidents of depression and domestic abuse are reported to be higher now, worldwide.

In addition to assaulting human relationships, this pandemic is making new demands and putting pressure first on governments; second on markets; and third on science.

FIRST: DEMANDS ON PUBLIC POLICY
Governments face formidable challenges now. In normal times, government intervention in key economic sectors would be met with criticism, if not disdain. But in a crisis, a ubiquitous government is not harshly questioned. It is even expected.

In addition to seeking a coherent public package to combat the pandemic, MSMEs and big corporates now clamor for government support.

Under its proposed stimulus package, the Philippine Congress is exploring how more loans and guarantees can be granted with negative interest rates. These effectively translate into grants. If this will help small business survive and keep jobs, this might be worth pursuing. It’s a call of Congress.

Of the US economy, Nobel laureate Paul Krugman recently affirmed, “the principal job of economic policy right now isn’t to provide stimulus.” He pointed out that instead of sustaining employment and GDP, government must instead “provide life support — to limit the hardship of Americans who have temporarily lost their income.”

Since this global crisis involves human lives and jobs, this must also be true for the Philippines.

If we go by this principle, Congress may wish to pace its strategies into modules. It is too daunting for our economic managers to source funding for health mitigation, social protection and growth stimulus — all in one package.

Now, more than ever, the national budget is finite. While a few hundred billion pesos in additional public spending may be accommodated through a supplementary budget, a limit should be recognized. Funding is not free and easy.

In this time of the pandemic, heavy lifting by governments and monetary authorities around the world requires massive funding. This is achieved through 1.) raising higher revenues, 2.) more borrowings, and, 3.) public debt monetization. In this regard, during an economic lockdown, revenue-raising is futile. In the Philippines, the public sector has already tapped domestic and external capital markets for higher borrowing. The Bangko Sentral has also monetized public debt through its provisional advances.

What other recourse do we then have? What is more imperative at this time?

As we stressed in previous columns, the viciousness of the pandemic necessitates that our Congress and economic managers prioritize public health safety. Social protection and economic recovery can be pursued as a second plank of public policy.

In the spirit of recognizing trade-offs and as Congress had passed the Bayanihan to Heal as One Act, it must make the hard choice of respecting the presidential authority to realign the budget. Some infra projects should be allowed carry-over to 2021. Not only is this a matter of urgency. It is also a practical option. After all, there is limited public capacity to execute multi-year projects of the Build, Build, Build (BBB) Program. Moreover, with the approaching rainy season, and after two months of lockdown inactivity, the Department of Public Works and Highways and Department of Transportation can only do so much in the remaining six months of 2020.

Again, wise words from Krugman: “We’re going into the economic equivalent of a medically induced coma, in which some brain functions (must be) temporarily shut down to give the patient a chance to heal.” Let us heal as one.

As if the BBB Program is not already enough concern, several days ago, freelance writer William Pesek alleged that overseas sovereign credit raters are getting anxious and thus, the Philippine government should be more concerned about a different BBB: the nation’s credit rating.

Pesek needs to recognize that any possible change in credit ratings are understandable during this time of crisis. This is true not just for the Philippines, but for all nations as the global economy plunges into a recession. In the score board of the International Monetary Fund (IMF), except China and India, all major country groupings are likely to show contraction in 2020. While the growth forecasts of the National Economic and Development Authority (NEDA) and Bangko Sentral ng Pilipinas (BSP) are lower, no less than the Fund expects the Philippines to ride out 2020 with a modest growth of 0.6 percent, not a recession anyway. We know Pesek knows that as a rule, credit rating agencies are absolutely pro-cyclical.

SECOND: NEW STRESS ON MARKETS
The pandemic demands markets that work. Around the world, there was a deafening absence of resilience in supply chains for health gear like masks and gloves; health equipment like testing kits and ventilators; and health facilities like quarantine wings, hospital beds, and ICU units. Software apps for contact tracing and monitoring are also scarce.

Markets were not prepared for the viral outbreak. Risk management clearly failed to provide markets with intelligence and appropriate mitigants. This is despite Bill Gates’ warning a few years ago about an approaching viral pandemic.

Markets are now only playing catch-up. The US, UK, and China are racing to produce a vaccine. Four Chinese companies were reported to be testing vaccines on humans. Israel was also reported to have succeeded in isolating a key coronavirus antibody in its Institute for Biological Research.

This game of catch-up is aggravated by the virus’ rapid spread and mutation. This means we are all vulnerable to a second surge.

Since current research for a potential vaccine has been based largely on the genetic sequence of earlier strains, the outcome may be rendered less relevant and less effective. We strongly hope this will not happen.

THIRD: LEVELED-UP SCIENCE
This brings us to the demands now put on science. The pandemic clearly demands the centrality of science in public policy. This pandemic cannot be reduced to no less than a global health issue with fatal consequences. Rather, approaches to defeat it require some balancing and careful consideration of each country’s economic and social survival.

Science works well with a multidisciplinary approach. Analysis of the current medical issues can be enriched by economics, model building, statistics, political science and psychology. In utilizing varied strategies and engaging other expertise there can be a clearer prognosis of what civil society can expect in the next few weeks and months.

With better results from mass and random testing, as well as contact tracing, the Philippines’ Inter-Agency Task Force on Emerging Infectious Disease would have a more solid basis to make recommendations to the Executive and to formulate guidelines and protocols. Protecting and promoting the safety of the general public will be more data and evidence-based, leading to the desired outcome of a flattened epidemiological curve.

Business activities can then more carefully resume with appropriate safeguards.

 

Diwa C. Guinigundo is the former Deputy Governor for the Monetary and Economics Sector, the Bangko Sentral ng Pilipinas (BSP). He served the BSP for 41 years. In 2001-2003, he was Alternate Executive Director at the International Monetary Fund in Washington, DC. He is the senior pastor of the Fullness of Christ International Ministries in Mandaluyong.

Making China pay

US Secretary of State Mike Pompeo began the week with a blast: “There’s enormous evidence that… the virus originated in Wuhan, China.” His comments followed weeks of strident demands from many other countries — from Australia to the UK to Germany and Japan — for the totalitarian regime to open up regarding the events that led to this pandemic.

Law commentators suggest holding China liable by way of the international law on State responsibility, particularly as to public health. The possibilities on that front, however, remain to be seen: China has not conceded jurisdiction to the International Court of Justice, remains a permanent member of the Security Council with veto power, refused to join the International Criminal Court, and is suspected of inordinate closeness to the World Health Organization.

On the State to State level, the legal options of making China responsible seem minimal. One route is the World Trade Organization (WTO), which foresees global trade contracting by 13%-32%. For the Philippines, OFW remittances are expected to slow down to 2% (from 3%), and exports to fall by $300 million.

The WTO’s dispute settlement system under GATT Article XXIII theoretically allows cases to be filed when an act — any act — by a WTO member (and China is one recognizing the WTO Dispute Settlement Body’s jurisdiction) causes another member’s trade to suffer.

Another avenue for the Philippines is to offset possible pandemic related damages against its debts to China, which (as of March 2019) was at $980 million. Aside from the humongous trade loss mentioned above, the Philippine economy (at least according to the University of Asia and the Pacific’s Peter U) was set to grow by 6.5% this year. Most analysis now peg it at around 2%. Add P275 billion of the National Budget now realigned under the Bayanihan Law, P600 billion in additional economic stimulus, a $1.5 billion ADB loan, plus individual and corporate losses, related deaths, bankruptcies, and such.

Domestically, the first step for the Philippines should be to simply enforce its laws: criminal, tax, smuggling, and immigration.

As far as hauling China or its officials before a Philippine court, it’s a longshot. Yet there are avenues worth looking at. One is RA 9851: Thus, any person or group committing a “crime against humanity” against Filipino citizens, even though such a person is a foreign official, can be held liable by a Philippine court. Admittedly, regarding foreign officials, “international law may limit the application” of RA 9851. Nevertheless, the law itself is open to the possibility of such a suit being “within the bounds established under international law.”

Finally, two enterprising upper-class UA&P students with a knack for studying finance, military and political history, and law put forward another tact: to hold instead the Communist Party of China (CCP) liable.

Rob Ong and Carlos Victa argue that the CCP may be classified as a non-resident foreign entity with its own distinct legal personality separate from the People’s Republic of China (PROC). Thus, though sovereign immunity may (for the sake of argument) attach to PROC officials, as such, nevertheless, the CCP wholly controls and directs the actions of the PRC and its instrumentalities. The CCP effectively helms China’s activities within the Philippines, whether it be through a corporation owned by the PRC or any of its instrumentalities. And yet the CCP, not being a government agency, is not covered by sovereign immunity.

This line of argument does have some basis, particularly considering Yaodi Hu v Communist Party of China, 2012 WL 7160373, at *3 (W.D. Mich. Nov. 20, 2012), which precisely held that the CCP is not entitled to sovereign immunity under the US Foreign Sovereign Immunities act.

If the argument holds, then cases can be filed (as example but not limited to) for quasi-delict, Corporation Code violations or of environmental laws, and the abovementioned RA 9851, by our government motu proprio or by private Filipino citizens before our courts against the CCP or its officials, specially if the CCP has physical or business presence here in the Philippines. Assuming causal relation between the damages incurred by the Filipinos (death, physical injuries, loss of profit, or employment) and the CCP’s fault or malice (e.g., concealment of valuable information) is proven, then China’s funds or assets here in the Philippines can be garnished to answer for such damages.

All the foregoing, however, is merely meant to initiate studies on the matter. And note the options discussed here were limited to the legal. There are diplomatic, financial, technological, or other such alternatives worth researching.

Frankly, this should be a non-partisan issue among Filipinos. If indeed China is responsible for this pandemic and if indeed it is possible to hold China to account, then we should unite in exerting all efforts that justice be done. That is, assuming our government is so inclined, has Filipino interests in mind, and possessed of the political will and foreign affairs savviness to do so.

 

Jemy Gatdula is a Senior Fellow of the Philippine Council for Foreign Relations and a Philippine Judicial Academy law lecturer for constitutional philosophy and jurisprudence.

https://www.facebook.com/jigatdula/

Twitter @jemygatdula

COVID-19 cases hit 10,343; death toll at 685 — Health dep’t

THE Department of Health reported 339 new coronavirus infections on Thursday, bringing the total to 10,343.

The death toll climbed to 685 after 27 more patients died, it said in a bulletin. One hundred twelve more patients have gotten well, bringing the total recoveries to 1,618, it added.

Of the 339 new cases, 61% or 1205 were from Central Visayas, almost a third or 110 were from Metro Manila and 7% or 24 came from other regions, DoH said.

The agency said 1,886 health workers have been infected, 403 of whom recovered and 24 died.

DoH said 130,990 people have been tested — 13,379 were positive and 117,332 were negative. Positive cases were more than the confirmed cases because these still had to be validated, it added.

Health Undersecretary Maria Rosario S. Vergeire said the country has a coronavirus death rate of 6.6%.

“We are seeing a large decrease and slowdown in the new cases and deaths,” she said, citing the Luzon-wide lockdown that started on March 17.

Katherine Reyes, associate dean for research of the University of the Philippines-Manila College of Public Health, said people would have to “live with the virus” until a vaccine is developed. People should take care of themselves by practicing personal hygiene, she added.

In a separate statement, the Health department said the government had taken delivery of seven metric tons of personal protective equipment and other medical supplies from the United Arab Emirates.

The virus has sickened 3.8 million and killed more than 265,000 people worldwide, according to the Worldometers website, citing various sources including data from the World Health Organization.

About 1.3 million people have recovered from the disease, it said. — Vann Marlo M. Villegas

ABS-CBN franchise renewal won’t be vetoed, Roque says

PRESIDENT Rodrigo R. Duterte was unlikely to veto a bill seeking to renew the franchise of broadcast giant ABS-CBN Corp., which had been critical of his administration.

Mr. Duterte was inclined to sign the measure, which both houses of Congress have yet to pass, into law, his spokesman Harry L. Roque said at a news briefing on Thursday.

The media company was forced to sign off this week after the National Telecommunications Commission ordered it to stop operating upon the expiration of its 25-year franchise on May 4.

“Unless there is any constitutional infirmity, I don’t think the President is inclined to veto it,” he added.

Mr. Roque insists the President is “neutral” on the ABS-CBN issue.

Mr. Duterte’s government recently renewed his attacks on ABS-CBN, with his chief government lawyer asking the Supreme Court to revoke the media network’s franchise.

Solicitor General Jose C. Calida accused ABS-CBN of using an “elaborately crafted corporate veil” to allow foreign investors to take part in its ownership.

The network allegedly violated the ownership restriction when it issued Philippine depositary receipts to foreigners.

The media network has called the lawsuit “an effort to shut down ABS-CBN to the serious prejudice of millions of Filipinos who rely on the network for news, entertainment and public service.”

Salvador S. Panelo, Mr. Duterte’s chief lawyer, has said that while the President’s displeasure at ABS-CBN might have a basis, he had nothing to do with the lawsuit.

Critics have said the issue of ABS-CBN’s franchise has become both personal and political. Mr. Duterte had openly harbored a grudge against the broadcaster.

In 2017, he accused ABS-CBN of swindling after it refused to run political ads he had paid for during the 2016 presidential campaign.

Mr. Duterte had also criticized the broadcaster for airing news stories about his alleged secret bank accounts. He said he would block the renewal of the company’s franchise if he had his way.

“I will not let it pass,” he said in 2018. “Your franchise will end. You know why? Because you are thieves.”

In February, Mr. Duterte said he had forgiven the network, asking it to donate to charity the ad money it wanted to refund him. — Gillian M. Cortez

Who’s up for the job of decontaminating Facebook?

FREEPIK

By Kara Swisher

SO, BIG SURPRISE, I have not been asked to be on Facebook’s Supreme Court of content. I was all ready to do an anti-Sherman if called: I will accept if nominated and will serve if elected.

Half of its members were finally announced on Wednesday morning, including four co-chairs, one of whom is Helle Thorning-Schmidt, a former prime minister of Denmark. She is clearly aces in terms of reputation and credibility, one of a slate of 20 members who scream global, fancy résumés, diverse and politically balanced.

Together, the independent organization, which is funded by the social media giant by a trust it cannot mess with, will judge appeals from users on material that has been taken down from the platform by the company, and it will review policy decisions that the company has submitted to the board.

The group selected so far — there are 20 more names to come — is qualified to do all that and a bag of chips. There is a former judge and vice-president of the European Court of Human Rights (Andras Sajo), the former editor in chief of The Guardian (Alan Rusbridger), a Nobel Peace Prize recipient who promoted free speech in Yemen during the Arab Spring (Tawakkul Karman), a vice-chancellor of the National Law School of India University (Sudhir Krishnaswamy), the former director general of the Israeli Ministry of Justice (Emi Palmor) and the leader of Africa’s Internet Without Borders (Julie Owono).

Impressively impressive no doubt, and designed to be that way, which is why it is also nonoffensively nonoffensive.

As yet, there are no loudmouths, no cranky people and, most important, no one truly affected by the dangerous side of Facebook. I asked in a press call on Wednesday morning, for example, why there were no board members like the parents of the Sandy Hook victims, who were terrorized by the conspiracy theorist Alex Jones on the platform until he was finally tossed off. I also asked whether we could find out who turned down an offer to be on the oversight board.

I was given appropriate nonanswers to both those questions, along the lines of we’ll see and there are privacy concerns naming those who said no thanks. Which is why the rollout left me with the nagging feeling — especially after looking over the complex setup that is planned to hear cases — that the oversight board has all the hallmarks of the United Nations, except potentially much less effective.

I am not trying to be glib here, because solving the problem of how to deal with speech across the largest and most unwieldy communications platform in human history is not for the faint of heart. It may be beyond the capabilities of anyone: I am not sure that any deliberative body would be capable of doing so, given that Facebook and its founder and chief executive, Mark Zuckerberg, have purposefully created a system that is ungovernable.

With no real checks and balances built in from the start, the product has become a free-for-all that stresses engagement over context, speed over reflection and viral growth above all.

It’s ironic, of course, that right now the idea of internet virality is much less of a positive thing as COVID-19 rages across the world. But acting like a virus — Facebook spreads and spreads and spreads exponentially — has been the thing that the company has excelled at compared with other social media companies. It’s viral power is what has made it one of the most lucrative and successful organizations on the planet.

Which is to say in the simplest of terms that it is built that way, and Facebook’s problems are structural in nature. It is evolving precisely as it was designed to, much the same way the coronavirus is doing what it is meant to do. And that becomes a problem when some of what flows through the Facebook system — let’s be fair in saying that much of it is entirely benign and anodyne — leads to dangerous and even deadly outcomes.

That is what makes the job for these board members such an overwhelming challenge, since they are charged with dealing with issues on a case-by-case basis. To my mind, that is trying to push back the ocean with one hand.

And perhaps that is why one of its co-chairs, Michael McConnell, called for “patience” as the board developed. A former US federal circuit judge who is also a constitutional law professor at Stanford Law, a religious-freedom and First Amendment expert and a US Supreme Court advocate, Mr. McConnell seemed the most canny of the bunch when describing its role.

“We are not the internet police,” he noted flatly, discussing its role in hearing appeals and being deliberative. But that is perhaps the problem, in that we now have a kind of court, but without the real-time protection of cops where and when most of the damage is done.

Last fall, I wrote a column on the oversight board, hoping that there would be some way to fix this. “Facebook has presented many ideas over the years to limit the toxicity — problematic artificial intelligence monitoring or more troubled systems that employ overwhelmed human moderators or even a blog effort in 2017 called ‘Hard Questions,’ to name a few,” I wrote. “But this latest effort is intriguing — and even laudable. So while the possibility of its becoming a giant PR Potemkin village to assuage critics is very high, it deserves public support.”

I still think that, but I am also less sure that a very smart group of qualified and thoughtful people under pressure from a fire hose of all the awful issues of our digital lives can actually help and rein in what Facebook has wrought.

“We won’t please everyone,” Mr. McConnell also noted. Indeed not.

 

THE NEW YORK TIMES

 

Kara Swisher, editor at large for the technology news website Recode and producer of the Recode Decode podcast and Code Conference, is a The New York Times contributing Opinion writer.