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MGen launches Mauban plant with promise of cleaner coal tech

COAL TECHNOLOGY is getting cleaner and remains the most cost-efficient choice under current government policy on power generation, which is “technology neutral,” the head of a major power generating firm said.

Rogelio L. Singson, president and CEO of Meralco PowerGen Corp. (MGen) said the company’s next project will be a more efficient ultra-supercritical facility with lower emissions than the 500-megawatt (MW) plant it launched in Mauban, Quezon on Tuesday.

“Right now because the policy of the government is technology neutral… what is the cheapest baseload? Ang pinakamura (The cheapest) is still going to be coal,” he told reporters during the launch.

“We’re hoping that we will be able to build the next level, which is the ultra-supercritical [coal-fired power plant],” he said.

“Iyan ‘yung (That’s the) 1,200 MW that we bid for. Unfortunately, there was a failed bidding.”

He said he expects a second round of bidding, with MGen’s parent firm Manila Electric Co. (Meralco) holding a competitive selection process, or CSP, to arrive at the least-cost power for the distribution utility’s customers.

“So we will participate,” he said. “But having said that, we’re now going through an energy transition where we are committing to 1,000 to 1,200 MW of renewable [energy],” he said. “The problem that we are encountering is that we are facing transmission constraints.”

On Tuesday, MGen formally inaugurated the P56.2-billion San Buenaventura Power Ltd. Co. (SBPL), the country’s first supercritical coal-fired power plant, which now provides additional supply to the Luzon grid.

“The country’s most advanced operational coal plant uses a high-efficiency, low emissions (HELE) coal technology that allows the plant to operate at increasingly higher temperatures and pressures to reach higher efficiencies, while significantly reducing emissions,” the company said in a statement handed out during the launch.

“Similar and more advanced coal plant technologies have been the choice for new commercial coal-fired plants in many countries around the world. As a pioneer of this technology, SBPL is setting the bar higher in operating coal plants in the Philippines,” it added.

SBPL started commercial operations on Sept. 26, and currently generates power for Luzon, which accounts for about 72% of the country’s domestic output, it said. The plant’s cost was partly funded by a P42.15-billion project finance facility, which is said to be the Philippines’ largest all-peso transaction to date.

A consortium of Philippine banks put together the facility.

The power plant was built by a consortium of South Korea’s Daelim Industrial Co. Ltd. and Japan’s Mitsubishi Corp., which MGen described as “experienced engineering, procurement and construction contractors with very strong track records.”

The SBPL plant is a partnership between MGen, with a 51% stake, and New Growth BV, a wholly-owned subsidiary of the Electricity Generating Company of Thailand (EGCO), the first independent power producer in Thailand. It has the state-owned Electricity Generating Authority of Thailand (EGAT) as a controlling shareholder.

“The more important thing is it’s a baseload [plant],” Mr. Singson said, referring to a facility that is always running to meet the base requirement of the power system. “We need baseload. Let’s not fool ourselves.”

During the launch, Energy Secretary Alfonso G. Cusi urged EGCO to invest more in power plant projects in the Philippines on its own since full foreign ownership is allowed.

“We want your investment,” he said.

Agnes VST Devanadera, chairman and chief executive officer of the Energy Regulatory Commission, said the plant has transformed the town of Mauban into a “very vibrant and very progressive community.”

“No plant like this can ever go up without the support of the community,” she said.

Meralco’s controlling stakeholder, Beacon Electric Asset Holdings, Inc., is partly owned by PLDT, Inc., Hastings Holdings, Inc., a unit of PLDT Beneficial Trust Fund subsidiary MediaQuest Holdings, Inc., has a majority stake in BusinessWorld through the Philippine Star Group, which it controls. — Victor V. Saulon

PHL-Indonesia boundary agreement touted as model for territorial disputes

SENATE President Vicente C. Sotto III touted the Philippine and Indonesian governments’ boundary agreement as a model for settling territorial disputes.

The Philippines and Indonesia recently submitted to the United Nations their bilateral agreement establishing the boundary between their overlapping exclusive economic zones (EEZ).

“In our last Congress, I had the honor of presiding over the Philippine Senate’s concurrence in the ratification of the Boundary Agreement between the Philippines and our good neighbor, Indonesia,” Mr. Sotto said in his speech at the Inter-Parliamentary Union Assembly in Belgrade Monday. “I believe our Agreement is a prime example of the peaceful settlement of territorial boundaries between nations within the ambit of international law.”

The Philippines is embroiled in a dispute with China and other countries over islands in the South China Sea, where it has encountered encroachment from the People’s Liberation Army amid claims pressed by Beijing over most of the sea, as embodied in China’s so-called nine-dash-line map.

Under the 1982 UN Convention on the Law of the Sea (UNCLOS), states are entitled to a 200 nautical-mile EEZ. The Philippines and Indonesia, however, have overlapping EEZs in the Celebes Sea and in the southern Philippine Sea.

Mr. Sotto also said that as early as 2017, the Philippines showed support for the peaceful settlement of territorial and jurisdictional disputes when it hosted the 38th ASEAN Inter-Parliamentary Assembly.

The Agreement was formally signed in May 2014 and was ratified by President Rodrigo R. Duterte on February 2017. The Senate, led by Mr. Sotto, concurred with its ratification on June 3, the same day the 17th Congress adjourned.

In the same speech, Mr. Sotto re-affirmed the Philippine Senate’s support for the IPU and the UN in promoting international law.

“The Philippines remains a steadfast believer in the equalizing power of international law and will continue to support the IPU and the United Nations’ efforts to encourage governments to place their trust in international law and promote the primacy of the rule of law.”

Former president and speaker Gloria Macapagal-Arroyo last year urged the Senate to withdraw from the IPU, after it expressed its intent to visit the Philippines to look into the case of detained Senator Leila M. de Lima as well as the legal troubles of former Sen. Antonio F. Trillanes IV. — Charmaine A. Tadalan

DBM says 2019 budget over 95% released in 9 months

THE Department of Budget and Management (DBM) said it released 95.3% of the budget for this year in the nine months to September.

In a statement Tuesday, the DBM reported that it released P3.491 trillion as of the end of September, compared with the P3.662 trillion budget for the year.

The DBM said allotment releases worth P2.011 trillion were transmitted to line departments including agencies in the Executive branch, Congress, the Judiciary, and the constitutional offices.

It said it released P317.882 billion in special-purpose funds which are budgetary allocations in the General Appropriations Act (GAA) for government corporations, local government units, the contingent fund, the miscellaneous personnel benefits fund, the national disaster risk reduction and management fund, and the pension and gratuity fund.

“The immediate release of funds by the DBM will ensure that national government agencies are able to swiftly implement their programs and projects, such as the construction of new roads, schools, and hospitals, and the protection and promotion of the welfare of the poor and marginalized sectors, among others,” the DBM said.

Releases on automatic appropriations amounted to P1.070 trillion or 99.9% of the automatic appropriations programmed for the year.

This includes the internal revenue allotment of local government units, pensions of former presidents, net lending, interest payments, and tax expenditures or customs duties and taxes.

“Moreover, some P50.254 billion in payments for Retirement and Life Insurance Premium requirements was released, inclusive of P3.09 billion pertaining to additional requirements for newly-created or -filled positions in various agencies, resulting in a 106.6 percent release for the category,’ it said.

DBM said it also released P40.481 billion for unprogrammed appropriations as of end-September, which are the standby appropriations authorizing agencies to undertake additional spending on priority programs and projects if possible.

On continuing appropriations from the 2018 GAA, it said it had released P25.043 billion as of end-September.

“Allotments for other automatic appropriations, amounting to P25.766 billion, have also been released,” it said. — Beatrice M. Laforga

DPWH signs right-of-way appraisal deal with LANDBANK

THE Department of Public Works and Highways (DPWH) said Tuesday that it signed an agreement with the Land Bank of the Philippines (LANDBANK) to expedite appraisal activities on right-of-way (ROW) claims.

“Public Works and Highways Secretary Mark A. Villar and Land Bank of the Philippines (President and Chief Executive Officer) Cecilia C. Borromeo signed the memorandum of agreement (MoA) on Monday, the DPWH said in a statement.

LANDBANK will provide DPWH with the “technical assistance in conducting property appraisal to determine the market value of parcels of land, structures, and crops and trees affected by infrastructure projects,” Mr. Villar was quoted as saying.

The agreement makes it “easier” to request from LANDBANK appraisals of ROW claims because payment can be made upon completion and issuance of the certification by implementing offices, which is expected to be rendered “within 10 days upon receipt of request,” the DPWH said.

Mr. Villar noted that processing ROW acquisitions is “one of the most critical parts” of implementing the projects under the “Build, Build, Build” program.

“With this partnership, we will be able to implement time and cost-efficient projects, infrastructure including those farm-to-market and coastal roads, in support to Landbank’s vision of inclusive growth by serving the needs of farmers and fishermen,” Mr. Villar added.

Republic Act No. 10752, or the Right of Way Act of 2016, requires the DPWH to “engage the services of a government financial institution with adequate experience in property appraisal.” — Arjay L. Balinbin

Palace confirms order to remove PNOC-EC CEO

MALACAÑANG confirmed late Tuesday that President Rodrigo R. Duterte sought the resignation of Philippine National Oil Corporation-Exploration Corp. (PNOC-EC) president and chief executive officer Pedro A. Aquino, Jr. due to “loss of confidence.”

The President’s Spokesperson Salvador S. Panelo confirmed reports in a statement, noting that Mr. Aquino will also step down as a member of the board of directors.

“The President’s order is in line, and pursuant to his anti-corruption campaign in the government, and underscores once again that there are no sacred cows under this Administration,” Mr. Panelo said.

It was reported earlier that Mr. Aquino was suspended as PNOC-EC president and CEO, after signing a memorandum of agreement with a Russian firm without approval of the board or its chair, Energy Secretary Alfonso G. Cusi.

The deal seeks to develop multilateral cooperation in oil products and trading, which Senator Sherwin T. Gatchalian had earlier flagged as against the mandate of PNOC-EC. — Charmaine A. Tadalan

Decide VP protest case now

There are three years left in President Duterte’s term, and to this day, the Supreme Court, acting as the Presidential Electoral Tribunal (PET), has yet to decide on the protest filed by defeated vice-presidential candidate Bongbong Marcos. Finally, after almost three years, the recount in the “pilot” areas chosen by the losing candidate’s camp has been completed; showing that in fact, in these three pilot areas (Camarines Sur, Iloilo, and Negros Occidental), Vice-President Leni Robredo has gained about 15,000 verified votes to add to her 263,473, or about 6% more.

Meanwhile, President Rodrigo Roa Duterte openly announced in Russia that he is suffering from one more disease (the muscular debilitating myasthenia gravis) to add to his openly admitted Buerger’s disease, blood circulatory problems, and a back injury which requires him to take pain killers including the addictive drug Fentanyl which reportedly has side effects on mental functions. There is, too, on record, the psychiatric diagnosis presented as evidence by his wife’s lawyers in Duterte’s marital annulment proceedings.

The longer we take to decide this crucial electoral protest, the closer we get to the risk of a Constitutional crisis. The situation indicates that the President could die or become physically or mentally incapacitated sooner rather than later. Of course, he has access to the latest in modern medical technology (stem cells, hyperbaric chambers, etc.) which probably has allowed him to function so far. We must credit him for his will power and determination to stay in office despite all the health issues he himself has disclosed.

Meanwhile, given that this government is moving more and more toward an authoritarian rule of man, rather than of laws, a sudden gap in the national leadership could trigger confusion as to who is in charge. An unresolved presidential succession issue could give rise to ambitious, nay, even adventurous, patriotic coup plotters, which could bring us to more perilous chaos.

What is causing the Supreme Court to dilly-dally over this constitutionally crucial decision? The Sandiganbayan has just decided to dismiss another one of the hundreds of million-peso graft charges against the Marcos family on the flimsy excuse that the prosecution had submitted photocopies rather than originals of documents as evidence. All that money that should have gone back to the Filipino people now stays with the Marcos family, thus enabling Bongbong Marcos to fund more and more of his electoral protest activities; and putting the Vice-President at the mercy of family and friends to fund her counterpart.

Let’s look at the composition of the current Supreme Court: Duterte appointees comprise nine members (Carandang, Gesmundo, Hernando, Inting, Lazarp-Javier, A. Reyes, J. Reyes, Zalameda, plus one vacancy), or 60%. Gloria Macapagal Arroyo appointees (A. Carpio, Bersamin, Peralta) now total three or 20%, and PNoy Aquino’s appointees (Caguioa, Leonen, Perlas-Bernabe) also total three or 20%. Duterte appointees are clearly the overwhelming majority. With the pending retirement of Chief Justice Lucas Bersamin (on Oct. 18) and Senior Associate Justice Antonio Carpio (Oct. 26), it will be, no buts about it, a Duterte Supreme Court, especially since he will also appoint the next Chief Justice.

Will the theoretically last bastion of Constitutional independence, the Supreme Court, acting as the PET, decide in the national interest? Or will it, like the pathetic legislature, accommodate Duterte’s preferences? He has on more than one occasion expressed his preference for Marcos as his successor. Meanwhile, too many politicians are looking forward to the raw and unprepared Sarah Duterte as her father’s successor. I fear the latter is a possibility if her father completes his term in office, given the mindset of most of our Filipino voters based on political surveys.

The Vice-President’s lawyer cites provisions in Rule 65 of the PET rules which states that if, after getting the results of the recount in the three pilot provinces “the Tribunal is convinced that the… protestant… will most probably fail to make out his case, the protest may forthwith be dismissed, without further consideration of the other provinces mentioned in the protest.”

The Marcos camp insists now on proceeding to the “technical examination” of the votes cast in Maguindanao, Lanao del Sur, and Basilan. They seek to annul all the votes cast in these provinces due to “terrorism, threats, intimidation, and harassment of voters as well as pre-shading of ballots in all of the 2,756 clustered precincts.”

The Marcos camp had selected the three pilot provinces as indicative of trends in other provinces. The recount in these provinces has been completed. The trend indicates the Vice-President’s votes may have, in fact, been understated.

It is time to decide. The PET must dismiss the Marcos protest and confirm the victory of Leni Robredo as our duly elected Vice-President and constitutional successor to the presidency. Further delays are detrimental to the national interest. Already the uncertainly may be causing the increasing drop in foreign investments.

 

Teresa S. AbesamiS was professor at the Asian Institute of Management and a Fellow of the Development Academy of the Philippines.

tsabesamis0114@yahoo.com

Keeping up with the sustainability shift

Due to the difficult challenges in water, climate, energy, and waste management that humanity is facing today, the traditional concept of corporate social responsibility (CSR) has evolved to embrace new concepts such as “Environmental Social and Governance (ESG) standards,” “People, Planet, Profit,” “Impact Investing,” and “Corporate Sustainability.” These terms continue to spread in private, public, and societal spheres to exert more pressure on companies to pursue a larger social and environmental purpose.

While the United Nations had already introduced the ground-breaking set of Sustainable Development Goals (SDGs) in 2015 as a “universal call to action to end poverty, protect the planet and ensure that all people enjoy peace and prosperity by 2030,” these goals find more relevance today as we are hounded by a global crisis.

The 17 SDGs are as follows: No Poverty, Zero Hunger, Good Health and Well-being, Quality Education, Gender Equality, Clean Water and Sanitation, Affordable and Clean Energy, Decent Work and Economic Growth, Industry, Innovation and Infrastructure, Reduced Inequality, Sustainable Cities and Communities, Responsible Consumption and Production, Climate Action, Life Below Water, Life on Land, Peace and Justice Strong Institutions and Partnerships; recognizing that “ending poverty must go hand-in-hand with strategies that build economic growth and address a range of social needs including education, health, social protection, and job opportunities, while tackling climate change and environmental protection.” More importantly, the SDGs assume the substantial role of business and its ability to make contributions towards these goals. In the coming years, substantial changes are needed in business behavior to achieve the ambitious vision of the 2030 Agenda for Sustainable Development.

EMBRACING THE CHANGE IN BUSINESS STRATEGIES
According to the United Nations Global Compact, corporate sustainability is a global imperative for businesses today. Companies should carefully take into consideration the social and environmental risks and threats to its long-term corporate existence in a world of poverty, climate change, and inequality.

Rather than pursuing the primary purpose of augmenting profit, companies are innovating and reinventing themselves to further address social and environmental impacts by reducing poverty, meeting basic human needs, and ensuring fair and equal opportunities, which are all in keeping with the UN SDGs.

The increasing commitment of businesses towards sustainability is validated in a research study conducted by Robert G. Eccles and Svetlana Klimenko, as published in the May–June issue of Harvard Business Review, wherein it was reported that ESG was a “top-of-mind” 70 senior executives at 43 global institutional investing firms, including the world’s three biggest asset managers (BlackRock, Vanguard, and State Street), giant asset owners such as the California Public Employees’ Retirement System (CalPERS), the California State Teachers’ Retirement System (CalSTRS), and the government pension funds of Japan, Sweden, and the Netherlands.

Similarly, in a report by the Stanford Social Innovation Review, more than 90% of CEOs state that sustainability is important to their company’s success, and companies develop sustainability strategies, market sustainable products and services, create positions such as chief sustainability officer, and publish sustainability reports for consumers, investors, activists, and the public at large.

REGION IN FOCUS: SOUTHEAST ASIA
The sustainability issue likewise gains more traction in the United States and other parts of the world — Southeast Asia included. According to an article by the Nikkei Asian Review, sustainability takes center stage in Southeast Asia as it grows to be a manufacturing hub and becomes a key link in global supply chains.

COUNTRY IN FOCUS: PHILIPPINES
Similarly, top executives of the Philippines recognize the concepts of sustainability in their businesses. In a report by PwC in collaboration with the Management Association of the Philippines (MAP) entitled “The Future of Business: Sustainability. Development. Impact” which discusses the results of the 2019 survey of 127 CEOs in the Philippines from a mix of large (50%), medium (27%), small (14%), and micro (9%) enterprises from various sectors, over 80% of CEOs expect to change their production or service model in the next three to five years to promote more sustainable practices.

Notably, in the past PwC surveys, CEOs were mostly concerned with issues related to policies and terrorism. This year, however, CEOs are acknowledging that climate change and environmental damage are serious problems that they need to face.

CLOSING THE SDG GAPS
In Southeast Asia, strengthening environmental protection and combating climate change are recognized as among the most important gaps which need to be closed by 2030.

In the 2019 Asia and the Pacific SDG Progress Report by the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), environmental targets in the Asia Pacific Region would require a complete turnaround in order to meet the SDGs. Specifically, one quarter of targets in the Asia Pacific Region that have worsened are linked to natural resource management — including sustainable food production, populations suffering from water scarcity, renewable energy, management of chemicals and wastes, and the loss of biodiversity.

Another gap that needs to be closed is the financing aspect to achieve the SDGs. The UN estimates the financing gap to be at $2.5 trillion per year in developing countries alone. According to a report by the World Economic Forum, key to achieving the SDGs is “impelling public companies, especially the large firms that receive the majority of institutional investment, to account for environmental, social, and governance (ESG) criteria relevant to the SDGs in their decision-making.” By reviewing data on companies’ ESG performance, investors are now made aware if their funds are contributing to achieving the SDGs.

In the Philippines, the accountability of ESG-anchored investing is a new concept. Early this year, the Securities and Exchange Commission (SEC) issued the “Sustainability Reporting Guidelines for Publicly Listed Companies” through SEC Memorandum Circular No. 4, Series of 2019 which requires publicly listed companies (PLCs) to submit sustainability reports as part of assessing and managing the companies’ economic, environmental, and social impacts.

SUSTAINABILITY AS A CHALLENGE AND OPPORTUNITY
High transition costs, absence of adequate policy frameworks, inadequate technology and economic viability are some of the main factors which prevent businesses from fully adopting sustainable practices.

However, the rewards of the said shift far outweigh the challenges. Embedded sustainability efforts clearly result in a positive impact on business performance. In a report by the Harvard Business Review, businesses which “proactively make sustainability core to business strategy will drive innovation and engender enthusiasm and loyalty from employees, customers, suppliers, communities and investors.”

Due to the increasing awareness of benefits of companies to pursue a larger and societal purpose, it seems that sustainability is the new reality for businesses.

 

Hannah Viola is a Fellow at the Stratbase ADR Institute.

Liberation Day memories

Oct. 20, 2019 marks the 75th anniversary of the landing of Gen. Douglas MacArthur and the US armada at Red Beach in Palo, Leyte and the start of the liberation of the Philippines from the Japanese occupation forces. June 6 this year also marked the 75th anniversary of D-Day, the allied invasion of Normandy and the start of the liberation of Europe from Nazi Germany.

Both invasions were pivotal in the annals of World War II. The D-Day commemoration had no less than Queen Elizabeth and Prince Charles leading the roster of world dignitaries, including US President Donald Trump, who honored the affair with their presence.

At Juno Beach in Courseulles-Sur-Mer, France, other dignitaries stood before commemorative wreaths to also honor the event. Present were US House Speaker Nancy Pelosi, French Prime Minister Edouard Philippe, Canadian Prime Minister Justin Trudeau, Britain’s Secretary of Defense Penny Mordaunt, and Dutch Defense Minister Ank Bijleveld.

The old battlefronts were also visited by droves of aging veterans and their families from the US and other allied countries. Indeed, there was a compelling reason for these old warriors to return to the scenes of their heroism. In the invasion of Normandy alone, out of 160,000 soldiers and 13,000 paratroopers — 73,000 of them Americans — 5,000 died on the beaches, most of them in the first hours of combat.

It was a sentimental journey for the survivors of the European theater. At the risk of seeming crassly commercial, it was also a bonanza for the tourist trade.

Indeed, old soldiers love to revisit the old battlefronts and recall long-lost buddies, both banished by time and killed in battle. In July 1962, General MacArthur himself made what he described as a “sentimental journey” to the Philippines and visited the spot where he had proclaimed, “I have returned!”

I would think that the 75th anniversary of MacArthur’s return to the Philippines has as much significance as the allied invasion of Normandy. According to records, 1,250,00 US troops and 260,715 Filipino fighting men faced nearly half a million Japanese defenders in the Philippine campaign,

In the battle of Leyte Gulf, triggered by the landing at Red Beach, the US and allied casualties were relatively light at 2,800 compared to the 12,500 Japanese troopers killed. Still, like D-Day, the Philippine campaign highlighted by the Oct. 20 MacArthur landing should have as much emotional significance to the soldiers who fought in it. At the American cemetery inside Bonifacio Global City, there are 17,058 plus 36,286 reasons for such an emotional attachment, for those who fought in the war against Japan, and especially for the families of those whose names are inscribed on tablets in the cemetery.

The 17,058 are buried in this American cemetery, while 36,286 are MIA — missing in action. All are appropriately honored with their names inscribed.

The 75th anniversary of the start of the dismantling of the Japanese war machine that ended in Hiroshima and Nagasaki would be a good reason for making a sentimental journey to the battlefronts — just as much as the annual commemoration of D-Day has been a magnet to veterans and the families of those who died in the battlefields of Europe.

I hope the Department of Tourism has noted the rich opportunities presented by the Oct. 20 commemoration. I also hope that the new tourism secretary and her attaches in the various consular posts in the US have been busy preparing for the bonanza of visitors coming for a sentimental journey

I don’t believe I have seen any promotional efforts towards this end, but then I was away from the US for almost two months. I may simply have missed the tourism promotions. I was actually in Manila during that time, but I must confess, I did not notice any promotional activities either, except those mounted by my home province of Leyte.

Actually, it was a relative, retired Philippine Navy officer Winston Arpon, who called my attention to these activities being planned for most of October by the province of Leyte, led by Governor Leopoldo Dominico Petilla.

What caught my attention is the plan to honor surviving veterans of the conflict. I may simply have missed this detail, but I don’t recall any mention of the conferment of the Congressional Gold Medal on Filipino World War II veterans, living and dead. The old Leyteño warriors would certainly deserve the medal, which happens to be the highest civilian honor that the United States Congress can confer (the very first recipient was George Washington himself).

At any rate, I hope that the 75th anniversary (Diamond Jubilee) of the Leyte landing is given as much prominence as the 50th anniversary (Golden Jubilee). The latter was a major happening in 1994 during the incumbency of President Fidel V. Ramos, complete with a reenactment of the beachhead made by US troops at Red Beach.

US Defense Secretary William J. Perry and General John M. Shalikashvili, chairman of the Joint Chiefs of Staff, joined dignitaries from 10 countries, as well as Ramos, in the commemoration,

A Hollywood star, Ken Metcalfe (Apocalypse Now, TNT Jackson, Sunugin ang Samar) played the role of General MacArthur.

It was a spectacular affair spoiled, slightly by “General MacArthur” Metcalfe unceremoniously falling from a landing craft. It took some effort to recover his ruffled dignity before he waded heroically ashore. Mercifully, the actor who portrayed Carlos P. Romulo did not drown during the reenactment.

I personally have an emotional attachment to the landing at Red Beach. I had just turned five and was old enough to vividly remember events, although too young to appreciate their significance.

I wrote about my recollections in my book, Confusions of a Communications Man: “I remember the first wave of P-38s hovering over Tacloban. Japanese soldiers rushing out from the garrison across the street from our house on Calle Burgos, cheering, ‘Banzai!,’ thinking that the planes were reinforcements. And then scampering for cover as the Americans strafed the airport by Cancabato Bay at the mouth of the San Juanico Straits.

“I remember dogfights. Searchlights and tracer bullets lighting up the night sky. Bullets slamming into the headboard of our parents’ bed while my brothers and I were playing on it. A lone Japanese officer, pistol in hand, staring at our family, huddled in the air raid shelter under the house. Looking as scared as we were. And then running off wordlessly.

“I remember American troops marching into town, following General MacArthur’s landing at Red Beach in nearby Palo. GIs boozing in the bar that my parents had made out of the living room of our house. Children holding up two fingers in a V sign and calling out, ‘Victory Joe! Give me chocolate.’The liberation songs: ‘Pistol Packing Mama,’ ‘You Are My Sunshine’ and ‘Drinking Rum and Coca-Cola,’ with naughty lyrics:

‘American boys are very nice,

They kiss me once and they kiss me twice.

They give me food and they give me drink.

And after that, what do you think.’

“I remember the term, ‘pam-pam,’ which was what the GIs called the whores prowling the streets. And I remember a badly mauled and drunken GI dumped in the house by his buddies, wailing the whole night, ‘I will no more see my mama. I will no more see my papa. I am going to Okinawa.’”

Yes, even for someone who was very young then, Oct. 20 has much meaning. How much more for those who fought in it, lost comrades in it and lost loved ones in it?

I hope that the young bureaucrats at the Department of Tourism can appreciate that.

 

Greg B. Macabenta is an advertising and communications man shuttling between San Francisco and Manila and providing unique insights on issues from both perspectives.

gregmacabenta@hotmail.com

Copyright protection over the works of the Government

There is no contention that the public has every right to be freely apprised of the laws governing their daily lives. In a democracy, the power of the government to create, interpret, and implement laws is sourced from the people. Thus, “edicts of government” such as statutes and judicial opinions per se are not subject to exclusive ownership and/or commercial exploitation in the context of copyright, not even by the government itself.

The case of The State of Georgia v. Public.Resource.Org, Inc., currently under review by Petition for Certiorari before the United States Supreme Court, seeks to resolve the issue of whether annotations prepared by the government, which lack the force of law, are covered by copyright protection.

The State of Georgia (Georgia), in collaboration and under an Agreement with a private publisher, compiled its State codes including annotations, summaries of judicial decisions, opinions of the State Attorney General, statutory history of State laws, and other such information in a compendium and published the same as the Official Code of Georgia Annotated (OCGA). Pursuant to the Agreement between Georgia and the publisher, Georgia owns the copyright over the OCGA and the publisher has exclusive right to publish and sell the same as a printed publication, on CD-ROM, and in an online version, with the latter remitting to Georgia the royalties from the licensing fee for the CD-ROM and online versions of the OCGA.

In 2013, Public.Resource.Org., Inc. (Public Resource) bought hard copies of the 186 volumes of the OCGA and then made the scanned copies of the same readily available and accessible to the public for free on its website. In 2015, Georgia initiated a copyright infringement suit against Public Resource before the United States District Court for the Northern District of Georgia (District Court). The District Court held that the annotations are copyrightable because the annotations lack the force of law.

The Court of Appeals for the 11th Circuit (11th Circuit) stated that resolving the case means “confronting profound and difficult issues about the nature of law in our society and the rights of citizens to have unfettered access to the legal edicts that govern their lives.” The 11th Circuit relied on the following critical markers to indicate if the work was made in the exercise of sovereign power: identity of the public officials who created the work, the authoritativeness of the work, and the process by which the work was created. It reversed the decision of the lower court on appeal and held that the “annotations are legislative works created by Georgia’s legislators in the exercise of their legislative authority” and thus not entitled to copyright protection.

The case of Georgia v. Public Resource is scheduled for arguments before the US Supreme Court later this year. The ruling of the US Supreme Court in the present case and any other such developments in intellectual property law practice in the United States may have tremendous effects beyond its territorial borders, especially in the Philippines, considering that Philippine intellectual property law is patterned after US intellectual property laws such as the Lanham Act and the US Copyright Act. Moreover, US Supreme Court decisions interpreting intellectual property law principles have been held to be persuasive in Philippine jurisdiction.

Republic Act No. 8293, or the Philippine Intellectual Property Code IP Code, specifically states, under Section 175, that “any official text of a legislative, administrative, or legal nature” is not protected by copyright. Section 176 of the IP Code also explicitly declares that “no copyright shall subsist in any work of the Government of the Philippines.” However, despite these provisions generally removing works of the government from the scope of copyright protection, Section 176 allows the works of the government to be exploited for profit provided that there is prior approval of the government agency or office wherein the work is created and that such agency or office may impose, among other things, the condition of the payment of royalties. A similar provision may be found in Title 17 of the United States Code that codified US Copyright laws.

In the dissenting opinion of Justice Carpio in the Philippine case of In re Del Castillo (2011), Mr. Carpio finds that although works of the government may not be copyrightable in general, the arrangement or presentation of passages copied from works of the government may be subject to copyright pursuant to Section 1731.1 (b) of the IP Code.

In the Philippines, there are various compilations of laws and annotations commercially available to the public which are prepared by both public and private entities. Regardless of the outcome of the proceedings before the US Supreme Court, a definitive Decision clarifying the scope of copyright law in the context of works of the government could, at the very least, open the discussion on whether similar works in the Philippines should be subject to copyright protection under Philippine law.

This article is for general informational and educational purposes only and is not offered and does not constitute legal advice or legal opinion.

 

Mary Erica D. Manuel is an Associate of the Intellectual Property Department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).

8830-8000

mdmanuel@accralaw.com

Buzzing teams NLEX Road Warriors, Columbian Dyip battle in Antipolo

By Michael Angelo S. Murillo
Senior Reporter

HUMMING teams NLEX Road Warriors and Columbian Dyip go on a collision in Philippine Basketball Association Governors’ Cup action today at the Ynares Center in Antipolo City.

Set for 4:30 p.m., NLEX (4-1) and Columbian (3-2) are coming off victories in their last assignments and look to continue winning and fortify their spots in the top half of the standings midway into the elimination round of the season-ending PBA tournament.

The Road Warriors defeated the Barangay Ginebra San Miguel Kings, 113-111, in overtime in their last game on Oct. 5 in Dubai that saw them coming from behind to book the victory that swung them back to winning after dropping their previous game.

Down by as much 28 points at one point in the contest against the Kings, NLEX showed a lot of grit and determination to claw their way back, even playing sans import Olu Ashaolu in overtime after fouling out in regulation.

Mr. Ashaolu led five players in double-digit scoring for the Road Warriors in the win, finishing with 25 points to go along with seven rebounds and two steals.

Poy Erram had 21 points with Philip Paniamogan and Jericho Cruz adding 20 and 13 points, respectively.

Comebacking Kiefer Ravena had a solid game facilitating for his team, finishing with 17 assists in addition to scoring 13 points.

“We got lucky. But you get lucky when you work hard, when you don’t give up” said a beaming NLEX coach Yeng Guiao after their hard-earned win.

“From the first half I think we were behind by 28 points, then losing our import before overtime? It’s one of those games you’ll remember for a long time,” added Mr. Guiao, whose team had it rough in the first two conferences of the ongoing PBA season, chalking up a combined win total of just seven victories and failing to progress to the playoffs each time.

The Road Warriors though would be parading a new import today in Manny Harris as they had decided to replace Mr. Ashaolu despite giving them a good start.

NLEX officials said replacing Mr. Ashaolu was a tough decision to make but something they had to make to get a talent like Mr. Harris, who the team was angling for to get for a while now.

Mr. Harris played in the National Basketball Association with stops in Cleveland, Los Angeles Lakers and Dallas and paraded his wares in different parts of the world like Greece, Turkey and Ukraine.

MORE BOUNCE
Columbian, for its part, is playing with more bounce this conference on the lead of workhorse import Khapri Alston and guard CJ Perez and RaShawn McCarthy.

The Dyip are coming off a 102-90 victory over the Blackwater Elite on Oct. 11 that saw them very steady throughout.

Mr. McCarthy top-scored for Columbian with 25 points on 53% shooting, boosted by seven three-pointers made.

Messrs. Alston and Perez each had a double-double effort with the former tallying 24 points and 20 rebounds while the latter finished with 24 points and 10 boards.

Guard Reden Celda added 12 points in the Dyip’s victory.

“Our defense was good in this game (against Blackwater). In our two losses we did not do well on defense. That’s the key for us. Our offense is not a problem because everybody can shoot. If we can play defense we have good chances of winning,” said Columbian coach John Cardel.

Meanwhile, playing in the main game at 7 p.m. are the defending champions Magnolia Hotshots Pambansang Manok (3-2) against Blackwater (1-3).

Both teams coming off losses in their previous games.

UP Fighting Maroons welcome back coach Perasol in game vs UST

By Michael Angelo S. Murillo
Senior Reporter

AFTER missing their head coach in their two previous games because of suspension, the University of the Philippines Fighting Maroons welcome back Bo Perasol when they take on the University of Santo Tomas Growling Tigers today in a UAAP Season 82 game at the Mall of Asia Arena.

The UP coach was suspended by the University Athletic Association of the Philippines for three games after his outburst in their 89-62 loss to the defending champions and still-undefeated Ateneo Blue Eagles on Sept. 29.

With 6:23 remaining in the third quarter in said game, Mr. Perasol was ejected from the contest after going after a game official over what he perceived to be non-calls for his team.

He was slapped with two technical fouls for excessive complaining and was tossed out immediately.

What followed was the league, after evaluation of what happened, meted the UP coach a three-game suspension for his actions which the Maroons tried to appeal against but with no success.

On Monday though, the UAAP came out with a decision to lift the third game in the suspension of Mr. Perasol after the coach “expressed his sincerest apologies” to the league and referee Jaime Rivano over his actions in the Ateneo game.

“Last Saturday was the first time our office heard directly from Coach Bo and we appreciate his sincerity and evident humility in expressing his regret regarding the incident between him and referee Rivano which happened last September 29,” said UAAP basketball commissioner Jensen Ilagan in a statement regarding the lifting of suspension of Mr. Perasol.

“Coach Bo emphasized how he deeply regretted his actions towards the official and extended his apology towards the UAAP Board, organization, and the entire community,” he added.

With the lifting of the suspension, Mr. Perasol can now parade sidelines for their game against UST, set for 4 p.m. at the Mall of Asia Arena.

While not with the team, UP went 1-1, losing to the Far Eastern University Tamaraws, 82-79, in overtime on Oct. 6, and winning over the University of the East Red Warriors, 78-75, on Oct. 12, to continue to place second in the standings with a 6-3 record.

Against the Warriors, the Maroons had it tough as UE put a gallant stand. But UP eventually found ways to win in the end to halt what was then a skid of two games.

Bright Akhuetie posted 18 points and 14 rebounds for UP despite an early knee injury scare, with Jun Manzo adding 17 and Kobe Paras 14 points.

Ricci Rivero and Javi Gomez de Liano, meanwhile, combined for 20 points and four steals for the Maroons.

Meanwhile, out to give Mr. Perasol a rude welcome back are the Tigers (5-5).

UST lost to FEU in their last game, 72-58, on Oct. 13.

Brent Paraiso fired 12 points for UST, which shot a horrid 9-of-27 clip from downtown in said game where they had a hard time gaining headway.

Rhenz Abando and Zachy Huang both scored 11 points apiece while leading UAAP most valuable player candidate Soulemane Chabi Yo only got seven points but had 15 rebounds, and two blocks.

Also playing today are the De La Salle Green Archers (4-5) against UE (3-7) at 10:30 a.m. and Ateneo (10-0) versus FEU (5-5) at 12:30 noon.

Investors turn bearish on US-China uncertainty

THE BOURSE on Tuesday failed to sustain upward momentum of the past three trading days due to the lack of fresh positive news on the Sino-US trade front which weighed on Wall Street and China’s market.

The Philippine Stock Exchange index (PSEi) gave up 43.98 points or 0.55% to close at 7,840.31 yesterday, while the broader all shares index slid 18.77 points or 0.39% to 4,740.32.

“Philippine stocks drifted lower as investors concluded the trade deal with China announced Friday will not lead to significantly lower trade barriers or foster global economic growth in the near term,” Regina Capital Development Corp. Head of Sales Luis A. Limlingan said via text.

A Bloomberg report said Beijing wanted more discussion on details of the deal before any agreement is signed.

Papa Securities Corp. Sales Associate Gabriel Jose F. Perez said in an e-mail that “[i]t was another weak day for the PSEi after the lull in US markets last night also dampened optimism today.”

Reuters reported that Wall Street slipped on Monday on uncertainties in Sino-US trade talks, with the Dow Jones Industrial Average, S&P 500 and Nasdaq Composite dropping 0.11%, 0.14% and 0.1%, respectively.

Asia was a mixed bunch. Japan’s Nikkei 225 and Topix indices gained 1.87% and 1.56%, respectively, while South Korea’s KOSPI and India’s S&P BSE Sensex added 0.04% and 0.8%, respectively. On the other hand, Shanghai SE Composite and Hong Kong’s Hang Seng fell by 0.56% and 0.07%, respectively.

In a reversal from the previous day, only one of the six sectoral indices at home ended with gains — financials, which increased by 3.79 points or 0.2% to 1,829.42.

The rest lost: property by 43.56 points or 1.04% to 4,113.3, holding firms by 57.29 points or 0.74% to 7,646.83, mining & oil by 62.15 points or 0.68% to 9,029.8, services by 5.14 points or 0.33% to 1,523.98 and industrials by 4.47 points or 0.04% to 10,701.32.

The most actively traded stock was Metro Pacific Investments Corp. (MPIC), with 73.17 million shares worth P365.36 million changing hands, after the company announced it is postponing the planned initial public offering of its hospital unit. MPIC’s share price went down 16 centavos or 3.16% to close at P4.90 apiece.

Others that lost included SM Prime Holdings, Inc. (-2.81% to P38.10 apiece); SM Investments Corp. (-1.49% to P995) and PLDT, Inc. (-1.43% to P1,100 each).

Tuesday’s list of 20 most active stocks showed six that gained: Phinma Energy Corp. (11.3% to P2.56 apiece); Alliance Global Group, Inc. (3.8% to P11.48); BDO Unibank, Inc. (0.81% to P148.50 apiece); Metropolitan Bank & Trust Co. (0.29% to P68.50); Robinsons Land Corp. (0.2% to P25.50) and Ayala Corp. (0.11% to P878.50 each).

Volume increased to 631.01 million shares worth P4.60 billion from Monday’s 479.84 million worth P3.76 billion.

Tuesday saw P347.81 net foreign sales, a reversal from Monday’s P68.06-million net buying. — Denise A. Valdez

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