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SC to consolidate 30 petitions against anti-terror law

he Supreme Court will consolidate the issues in the more than 30 petitions questioning the anti-terror law in the country before setting oral arguments.

Chief Justice Diosdado M. Peralta, speaking at the “Chief Justice Meets the Press” briefing on Friday, said the justice-in-charge will consolidate all the common issues in the 37 petitions and list down the issues that are different.

“We cannot proceed to an oral argument if we have not yet determined what actually are the issues, kaya ang suggestion namin sa (so our suggestion to the) member in charge, and she accepted our suggestion to come up with common issues,” Mr. Peralta said in the online briefing.

He said that he hopes the issues will be ready to be submitted at their regular session on Nov. 3.

The chief justice said they also have to set a preliminary conference to consult with the parties involved on the conduct of oral arguments so petitioners can send one lawyer to argue on the common issues.

“Sa tingin ko (I believe that) by, before the middle of November, we can already agree on the date of the oral argument,” Mr. Peralta said. 

The Anti-Terrorism Act, which took effect on July 18, considers attacks that cause death or serious injury, extensive damage to property, and manufacture, possession, acquisition, transport and supply of weapons or explosives as acts of terrorism.

The law allows the government to detain a suspect in jail for 14 days, even without a warrant of arrest, from three days previously.

It also forms the Anti-Terrorism Council, made up of Cabinet officials, which can perform acts reserved for courts, including ordering the arrest of suspected terrorists.

The Office of the Solicitor General previously said that the law can be implemented even as the Implementing Rules and Regulations (IRR) are still pending, as it is not a condition for the law to take effect.

More than 30 petitions were filed at the Supreme Court questioning the validity of the Anti-Terrorism Act, mostly citing the warrantless arrest and violation of the principle of separation of powers, among others.

The IRR of the assailed law was approved last week. — Vann Marlo M. Villegas

Gov’t to pay its obligation to Philippine Red Cross – Roque

The government will pay its obligation to the Philippine Red Cross (PRC) for conducting coronavirus tests, Malacanang said Friday.

Presidential Spokesman Harry L. Roque said the Department of Justice has already given its legal opinion that the Philippine Health Insurance Corp. (PhilHealth) has to provide partial payment to the PRC while the memorandum of agreement between the two parties is undergoing review.

Labor Secretary Silvestre H. Bello III on Wednesday said around 6,000 overseas Filipino workers (OFWs) have been stranded in quarantine hotels as the PRC has stopped conducting Reverse transcription polymerase chain reaction (RT-PCR) tests chargeable to PhilHealth as the latter’s bill for unpaid tests has ballooned to P930 million.

“Having said this, we call on the PRC to resume its testing services. We likewise ask the public, including our stranded OFWs, for their patience and understanding as we resolve this matter at the soonest possible time,” Mr. Roque said, adding that the President has already asked various government agencies and private laboratories to assist OFWs with their RT-PCR testing. — Kyle Aristophere T. Atienza

Focus on ‘human rights aspects’ of same-sex civil union, Roman tells Sotto

The country’s legislature, which is composed of a significant number of Catholics, should now abandon its conservative views on marriage as the head of the Catholic Church has already endorsed same-sex civil union, a lawmaker said Friday.

Pope Francis was quoted this week in a documentary film as saying that homosexuals are “children of God and have a right to a family,” and that there must be civil union laws for them to be legally covered. The Pope’s landmark endorsement has been described as “a breath of fresh air” by civil society organizations and even some religious groups.

Bataan Rep. Geraldine B. Roman said lawmakers, including Senate President Vicente C. Sotto III, should focus on the human rights and legal aspects of same-sex civil union instead of dwelling on traditional views on marriage.

Ms. Roman, the first and only transwoman to join the Philippine Congress, made the statement after Mr. Sotto said that Pope Francis’ landmark endorsement has no bearing on the validity of pending bills legalizing the union of same-sex couples.

“Same-sex union is already being practiced here and there is nothing we can do about it. It’s just tolerated but not in the legal sense. We should leave it at that,” Mr. Sotto, a known critic of policies concerning the welfare of the LGBTQ+, told reporters Thursday.

“He cannot speak for other lawmakers, he is not a good mind-reader,” Ms. Roman told BusinessWorld, saying that those who oppose the measures recognizing the civil partnership of homosexual couples would not be obliged to have a same sex relationship.

“We should not be stuck in middle ages, let us have some progress,” she said.

Ms. Roman said House Bill No. 2264 or the “Civil Partnership Act,” which remains pending at the House committee on women and gender equality, should be passed to protect the civil rights of same sex couples who, until now, are being discrimiinated against.

“The society has to face the reality that there are LGBTQ+ couples, and their rights must be protected,” she said.

Bagong Henerasyon Rep. Bernadette Herrera, author of HB No. 1357, or “An Act Recognizing the Civil Partnership of Couples, Providing their Rights and Obligations,” hopes that pending bills recognizing the validity of same sex unions will “finally move forward after being dormant for so long.”

Meanwhile, Bahaghari National Spokesperson Rey Valmores-Salinas said the Pope’s remark is a manifestation of a society “that is beginning to awaken to the need for empathy and respect for the incredible diversity of human sexual orientations, gender identities, and expressions.”

“The Pope’s landmark remark is not just the opinion of a single man. It is a reflection of a society slowly but inevitably recognizing the value of love across all genders, something that not even a rabidly backward-minded Senator like Tito Sotto cannot stop,” she told BusinessWorld on Friday. — Kyle Aristophere T. Atienza

IATF allows motorcycle taxis to resume operations amid pandemic

The government’s task force on pandemic response has allowed the operations of motorcycle taxis, as the country gradually re-opens its economy to bounce back from a record contraction of 16.5% in the second quarter of the year which affected millions of jobs.

Presidential Spokesman Harry L. Roque on Friday announced that the Inter-Agency Task Force on Emerging Infectious Diseases (IATF) has allowed Angkas and JoyRide to operate in order to augment the limited public transportation in Metro Manila due to the health crisis.

According to Mr. Roque, the decision came after the House of Representatives approved the extension of the motorcycle taxi pilot study.

Following this, the Department of Transportation (DOTr) on Friday said it will comply with the decision of the government to allow the resumption of operations of the bike-hailing firms.

“DOTr will comply with the decision of the Cabinet, Congress, and IATF. In fact, Secretary Tugade earlier expressed his support on the resumption of MC Taxi Operation,” Transportation Assistant Secretary Goddes Hope Libiran said in a statement.

Ms. Libiran said that the transportation department will implement the IATF decision once it receives the guidelines from the National Task Force (NTF) against COVID-19.

“There is already an existing guideline in place, but considering that we are in a pandemic, we will have to rely on the expert recommendation of the NTF as to the minimum health standards that shall be put in place to ensure that the program will not be a transmission vector of the virus,” she said. “Its primordial task is to ensure the safety of the riding passengers, which will also be the basis of the continuing recommendation to congress for drafting the appropriate legislation,” Libiran explained.

Ms. Libiran also announced that an inter-agency task force overseeing motorcycle taxis will be reconvened to regulate and monitor their operations.

Metro Manila mayors had earlier asked the DOTr to continue the pilot study of motorcycle taxis. The IATF, for its part, endorsed the request of local chiefs to the lower chamber. The House transportation committee had also expressed its support to legitimize the operations of motorcycle taxis.

During the first half of the year, riding pillion on motorcycles — called “back-riding” locally — was not allowed by the government in a bid to contain the lethal COVID-19 virus.

But the government, after multiple appeals from the public, eventually allowed couples living under the same roof to ride a motorcycle as long as a divider was installed. The policy requiring a barrier, however, was scrapped in August after experts criticized its effectiveness

Government’s policy concerning transportation had been one of the most debated issues at the height of the longest and most stringent lockdown in South East Asia. — Kyle Aristophere T. Atienza

80,000 detainees released during pandemic lockdown: CJ

In a bid to decongest jail and prison facilities, more than 80,000 detainees were released during the lockdown due to the coronavirus pandemic, Chief Justice Diosdado M. Peralta said.

Mr. Peralta said 81,888 inmates were released from the start of community quarantine implementation March 17 to Oct. 16.

Of the releases, 46,032 were conducted through videoconference.

A total of 19,173 prisoners were allowed to be released through reduced bail or recognizance, while 2,980 had served the minimum imposable penalty and 8,669 were placed under probation.

Mr. Peralta also said that 4,575 cases were dismissed, 1,556 prisoners were acquitted, 3,904 had served the minimum penalty, and 5,175 had served their maximum penalty.

About 880 children in conflict with the law were also released from detention through videoconferencing.

The Supreme Court has issued guidelines to address the congestion in jails and prevent the spread of the coronavirus infection in detention facilities, including the release of indigents through reduced bail or on their own recognizance.

The court also allowed that hearing be conducted through videoconferencing and the filing of pleadings online.

Mr. Peralta said a total of 110,369 video conference hearings were conducted from May 4 to Oct. 16. — Vann Marlo M. Villegas

SC tried to help Nasino — Chief Justice

Chief Justice Diosdado M. Peralta said the Supreme Court tried to help detained activist Reina Mae Nasino whose daughter died in a hospital while she was in jail.

Mr. Peralta said the court was not negligent in the case of Ms. Nasino.

“You know sa SC hindi rin naman nagpabaya dun kay Mrs. Nasino,” he said in an online briefing. “We tried to help her eh.” (You know, in the SC, we did not neglect the case of Mrs. Nasino.)

Ms. Nasino, who was then pregnant, was among the 22 political prisoners who filed a petition in April to allow their release based on humanitarian grounds due to the coronavirus pandemic. 

The court in July decided on the case, referring them to the respective trial courts where their cases were pending, treating their petition as an application for bail or recognizance.

The court announced the ruling in September.

Ms. Nasino gave birth on July 1. Her three-month old daughter died of pneumonia on Oct. 9.

Mr. Peralta said he immediately asked the trial court to act on Ms. Nasino’s motion to see her daughter after previous judges handling the motion inhibited themselves.

Ms. Nasino was given three days leave to visit her daughter’s wake and burial.

However, her allowed visitation time was reduced to two days, at three hours each day, after the Manila City Jail Female Dormitory warden opposed her furlough, citing lack of personnel.

Mr. Peralta noted the court’s circular on the reduction of bail issued during the community quarantine to address congestion in detention facilities.

“That’s why I said upon the initiative of the Court we reduced the bail bond. Kung meron lang sanang power ang SC to go against the Constitutional prohibition na hindi pwedeng mag-bail kung capital punishment yan,” he said. (If only the SC had to power to go against the Constitutional prohibition that capital cases cannot be bailed.)

“Kung nilagay yan na (if it said that) they can be released if the evidence of guilt is weak for humanitarian reason, agad-agad di na kailangan ng petition nyan (there would be no need for a petition as it would have been acted on at once). But may (there are) limitations eh. So that’s what happened,” he said.

He said he hopes that Ms. Nasino understands the court.

“We tried our best,” he said. “That’s what really happened eh. There was no intention to delay it. Talagang may limitations kasi eh (because there really are limitations).” 

Ms. Nasino was heavily guarded by law enforcers when she visited her daughter’s wake and burial, according to the group Kapatid which supports family and friends of political prisoners. — Vann Marlo M. Villegas

AREIT to buy The 30th in Pasig City

By Denise A. Valdez, Senior Reporter

AREIT, Inc. is buying Ayala Land, Inc.’s (ALI) 76,000-square meter (sq.m.) commercial center in Pasig City to expand its portfolio.

In a disclosure to the exchange on Friday, ALI’s real estate investment trust (REIT) said its board of directors has approved the P5.1-billion acquisition of The 30th in Meralco Avenue, Pasig City.

The 30th is a three-year-old commercial development along Meralco Avenue with a fully-occupied office building and an amenity retail podium.

Full ownership of the building and leasehold over the land will be bought by AREIT from ALI. The acquisition will be funded through debt, marking the company’s first debt in its record.

With the transaction, AREIT is set to increase its gross leasable portfolio to 246,000 sq.m. from 170,000 sq.m. at present.

“Simultaneous to the acquisition of the building by AREIT, (Ayala Land) will assign the long-term land lease to AREIT. AREIT (will) lease office spaces to tenants, and the retail podium to Ayala Land, under a fixed lease as operator of the retail spaces,” it said.

The acquisition of new assets is expected to boost AREIT’s net income and dividends in 2021. It also bought an office building in Cebu City last September using P1.45 billion from its public offering proceeds.

In a separate disclosure on Friday, AREIT said its board of directors has approved the issuance of retail bonds and/or corporate notes with the goal of raising up to P6.4 billion. The facility will have a maturity of up to 10 years and will support the company’s asset acquisitions.

The board likewise approved establishing bank credit facilities up to P12 billion.

AREIT currently has four properties in its portfolio: Teleperformance Cebu, a 12-story office building in Cebu City; Solaris One, a 24-story commercial building in Makati City; Ayala North Exchange, a two-tower mixed-use development in Makati City; and McKinley Exchange, a five-story commercial office in Makati City.

It conducted a P12.33-billion initial public offering (IPO) in August, marking the country’s first REIT listing in history. As required by REIT guidelines, AREIT must reinvest its offer proceeds to the Philippines within a year from its IPO.

Shares in AREIT at the stock exchange shed five centavos or 0.19% to close at P25.65 each on Friday.

URC income up 6% in third quarter

Earnings of Gokongwei-led Universal Robina Corp. (URC) grew 6% in the third quarter on lower cost of sales as consumer demand remains lackluster.

In a regulatory filing on Friday, the food company said its attributable net income stood at P1.97 billion for the July-to-September period, owing to better operating income, lower debt and slimmer foreign exchange losses.

Revenues dipped 1% to P32.37 billion, but gross profits increased 4% to P10.14 billion because of a 3% reduction in costs to P22.22 billion.

For the first nine months of 2020, URC’s attributable net income increased 7% to P7.5 billion. Sale of goods services was flat at P99.77 billion, while cost of sales slid 1% to P69.16 billion.

“The current environment continue to pose severe challenges to the business. Weaker consumer sentiment and slowing retail sales in Q3, plus sluggish macroeconomic fundamentals, are weighing on a slower path to market recovery,” URC President and CEO Irwin C. Lee said in a statement.

During the nine-month period, sales from the company’s consumer food segment fell 2% to P76.57 billion, which was linked to the economic slowdown in several ASEAN markets due to the pandemic.

The agro-industrial business also declined 7% to P9.22 billion sales because of downsized operations. Only the commodity foods group posted an improvement, as sales from this segment grew 25% to P13.12 billion.

“Despite these challenges, we remain focused on operational excellence, business transformation, and investing in building stronger brands and innovation to fuel growth. This focus is helping us perform ahead of market trends,” Mr. Lee said.

“More importantly, this enables us to continue supporting and partnering with our customer and suppliers to serve the needs of our consumers and communities in this time of crisis.”

URC has P15.9 billion of cash balance as of end-September, with net debt down P8.3 billion year-on-year to P20.9 billion. It has so far spent nearly P300 million for coronavirus pandemic-related efforts.

Shares in URC at the stock exchange closed at P141.70 each on Friday, up P1.70 or 1.21%. — Denise A. Valdez

Cebu Pacific approves issuance of warrants

Cebu Air, Inc., the listed operator of budget carrier Cebu Pacific, is including the issuance of warrants as an alternative under its $500-million (about P24.28 billion) fundraising plan to cope with the coronavirus pandemic.

In a stock exchange disclosure on Friday, the company said its board of directors has approved issuance of warrants or bonds with detachable warrants, or other similar security instruments, as alternative to convertible bonds.

To recall, Cebu Pacific announced a plan earlier this month to raise $500 million in funds through the issuance of convertible preferred shares and the private placement of convertible bonds.

“As an alternative to the convertible bonds, if the board of directors decides to issue warrants/bonds plus warrants, the board of directors will determine the final terms and conditions, but the strike price shall be within P38 to P45 range,” it said.

This range represents 2% to 21% conversion premium over the company’s 30-day volume weighted average price from Aug. 26 to Oct. 7, it said.

In line with this, Cebu Pacific will be seeking the approval of shareholders and complying with regulatory requirements to fulfill the fundraising plan.

As previously disclosed, the company is embarking on a “Business Transformation Fundraising Plan,” which involves increasing its authorized capital stock to P1.74 billion from P1.34 billion and creating a new class of convertible preferred shares.

“The proceeds from this Business Transformation Fundraising Plan shall be used to strengthen the balance sheet of the corporation and for general corporate purposes,” it said.

Cebu Pacific said the coronavirus pandemic, which came with travel restrictions in different countries, has severely damaged air passenger traffic and continues to cloud the outlook for the airline industry.

The company swung to a P9.14 billion attributable net loss in the first half of 2020, reversing its P7.14 billion profit a year ago. Gross revenues dropped 61% to P17.33 billion, as around 44,000 of its flights were cancelled from mid-March to end-June.

Shares in Cebu Pacific picked up 45 centavos or 1.11% on Friday’s trading, closing at P41.15 apiece. — Denise A. Valdez

SMC extends issuance of its free RFID stickers

San Miguel Corporation (SMC) said it is ready to implement cashless toll collection, but will extend the issuance of free RFID stickers until Nov. 30 amid long lines at installation stations.

SMC in a press release Friday said full cashless toll collection can be implemented at Southern Tagalog Arterial Road (STAR), South Luzon Expressway (SLEX), the Skyway System, NAIA Expressway, and the Tarlac-Pangasinan-La Union Expressway (TPLEX) starting Nov. 2, its original deadline.

However, the company saw a surge in the number of motorists converting to their Autosweep RFID (Radio-frequency identification) system, with many still not able to receive their RFID stickers.

“By Nov. 2, all lanes at our toll plazas will be fully capable and converted to electronic toll collection, in full compliance with the government’s mandate. However, after careful study and deliberation, and especially in consideration of so many motorists who have not been able to secure an Autosweep RFID account because of the volume of applications we have today, we have decided to extend the deadline to Nov. 30,” the company said.

SMC set Nov. 30 as the “absolute” deadline for sticker issuance. Vehicles with no RFID stickers will not be allowed to enter the expressways starting Nov. 30. Motorists that do not comply will be issued a citation ticket.

The Transportation department in August issued a department order to make it mandatory for toll road operators to use cashless transactions to prevent the spread of the coronavirus disease 2019 (COVID-19).

SMC also set up installation and reloading lanes at toll plaza entry points.

Metro Pacific Tollways Corp. also offers free Easytrip RFID stickers. —Jenina P. Ibanez

MerryMart opens 1st market-format store

MerryMart Consumer Corp. is opening its first market-format store at Quezon City on Saturday (Oct.24), becoming the 17th branch of the MerryMart Group.

MerryMart Market will offer seafood, fruit, vegetables, medicine, gourmet and personal care products, the company said in a disclosure to the stock exchange on Friday.

The market is located at the ArtonStrip by Rockwell along Katipunan Avenue, Quezon City.

MerryMart plans to expand to 17 stores by December, then 100 branches by end-2021. After opening its first store in 2019, the company set a target of 1,200 branches by 2030 to generate P120 billion in systemwide sales revenues.

“We believe this new MerryMart Market format will fulfill the needs of select retail trade areas,” MerryMart Chairman Edgar “Injap” J. Sia II said.

“The MerryMart team will continue to calibrate and innovate as it pursues to serve and delight the evolving retail consumers in the Philippines.”

The listed firm’s other retail formats include the MerryMart Store and MerryMart Grocery, along with the online “dark grocery.” A MerryMart subsidiary and Food Panda Philippines last month announced their online grocery service.

The MerryMart Store is the group’s household essential store, combining mini-grocery, pharmacy, and personal care sections.

Shares in MerryMart at the stock exchange grew 8 centavos or 2.48% to P3.31 apiece on Friday. — Jenina P. Ibañez

Pepsi gets stockholders’ nod to delist from PSE

Pepsi-Cola Products Philippines, Inc. has secured stockholders’ approval to delist its shares from the Philippine Stock Exchange (PSE).

The company said in a disclosure on Friday that it has received the written approval of its stockholders to voluntarily exit the market. The stockholders represent 94.56% of the company’s outstanding capital stock.

“Therefore, by written assent, the delisting of the company’s shares from the main board of the PSE is deemed approved by the stockholders,” Pepsi-Cola Philippines said.

Pepsi-Cola Philippines made the decision to delist voluntarily in September after its public ownership dropped to 2.1%, way below the 10% minimum requirement of the PSE. This was a result of the sale of 30.7% or 1.13 billion shares to Lotte Chilsung Beverage Co. Ltd. earlier this year.

Lotte Chilsung is currently trying to buy the remaining 77.86 million common shares in the company from shareholders other than Lotte Corp. and Quaker Global Investments B.V.

Pepsi-Cola Philippines shares were last traded on June 17, when it closed at P1.70 apiece. — Denise A. Valdez

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