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Tax Academy completes design of coursework for BIR, BoC

THE Department of Finance (DoF) said it has developed courses for current and future employees of the Bureau of Customs (BoC) and Bureau of Internal Revenue (BIR) under the Philippine Tax Academy (PTA).

In a statement Thursday, the DoF said the PTA has developed 14 mandatory online courses for the new hires of BoC, as well as refresher courses for BoC’s current employees.

Mandatory online courses for BoC employees include Customs Management and Administration; Tariff, Customs and Related Laws, Rules and Regulations, and Procedures; and Assessment and Revenue Collection, among others, DoF Chief Economist Gil S. Beltran said in the statement.

Mr. Beltran added the PTA is also completing training courses for the Bureau of Local Government Finance (BLGF) Institute and executive courses on revenue mobilization for BoC and BIR officials.

“We have also identified 23 courses as drivers of revenue mobilization to be delivered half-day as executive lecture series for regional directors and above of the BIR and BoC,” Mr. Beltran reported during a recent DoF Executive Committee (Execom) meeting.

The executive courses will tackle Assessment and Revenue Collection; Customs Management and Administration; Tax Administration; International Tax Affairs; Fiscal Policy Formulation; and Public Finance Management Compliance.

Mr. Beltran said resource persons for these courses will be former and present DoF officials as well as industry experts.

Mr. Beltran was instructed by Finance Secretary Carlos G. Dominguez III to prepare lectures for treasurers of local government units (LGU) who are under the supervision of the Finance Department through the BLGF.

These courses will be uploaded online to enable LGU treasurers to access the lectures remotely.

“The PTA has set a training course on Real Property Compliance and Schedule of Market Values for BLGF employees as well as a Local Government Finance Executive Course for newly-elected officials, both in August,” Mr. Beltran said.

The PTA, as provided under Republic Act 10143, is “a learning institution for tax collectors and administrators of the government and selected applicants from the private sector.”

The law provides that officials and personnel of BIR, BoC and BLGF undergo re-tooling, enhancement seminars and training. Meanwhile, all applicants for these bureaus must also pass basic courses before they can be hired. — Karl Angelo N. Vidal

USAID provides additional P234M for Marawi rehab effort

THE United States Agency for International Development (USAID) has committed an additional P234-million ($4.5 million) worth of funding to assist the Marawi recovery effort, the US Embassy said.

The Embassy noted that the US government’s contribution to Marawi’s rehabilitation is now at P3.4 billion ($63.6 million.)

“The US government remains committed to supporting the Philippine government in helping restore normalcy in the lives of the Filipinos affected by the Marawi conflict,” US Ambassador to the Philippines Sung Y. Kim was quoted as saying in a statement Thursday.

“This new assistance reflects the strong bond between the US and the Philippines as friends, partners, and allies.”

The USAID funding will assist approximately 50,000 internally-displaced persons in Marawi and 9,000 in Maguindanao.

This will be used particularly to provide emergency shelter assistance to 2,600 individuals, in addition to 33,000 individuals the USAID previously helped.

The agency also committed to expand water and sanitation services and improve the environment for women and children in Marawi City and Lanao del Sur.

The US government has so far provided livelihood assistance to almost 7,500 displaced households, water supply to more than 6,000 displaced persons, and education to over 30,000 people.

Its programs are also geared towards enhancing job skills among young people to help them attain livelihoods.

MSMEs sign up for resiliency plan

MICRO, small and medium enterprises (MSMEs) have signed on to a government plan that promotes the sector’s resiliency in the face of calamities.

Trade Undersecretary Zenaida C. Maglaya led the signing of a memorandum of agreement (MoA) for the 2019-2022 roadmap for MSME disaster resiliency, which continues the objectives of a previous 2016-2018 plan.

“It’s really sustaining the efforts and building on the momentum that we’ve started… May guidebook na kami, kung may guidebook, dapat niyan tuloy-tuloy na ’yung capacity building, (We now have a guidebook, which means we need to continue with capacity building),” Ms. Maglaya said in an interview during the 2019 National Summit on Strengthening MSME Disaster Resilience in Pasay City Thursday.

The National MSME Resilience Core Group also launched the MSME Guide to Disaster Resilience at the summit.

The book aids MSMEs in drafting business continuity plans, ensuring that they can go on even in the face of disasters.

Ms. Maglaya said the book incorporates lessons learned from Super-typhoon Yolanda in 2013.

Kasi ang nangyari sa Yolanda, tinamaan ka man o hindi ka man tinamaan, wala kang source of raw material dahil tinamaan ’yung mga plantations kung saan ka kumukuha ng (raw material) or kaya ’yung labor force mo, tinamaan ’yung mga bahay-bahay (Regardless of whether or not a business was directly hit, the super-typhoon affected sources of raw materials and worker housing)… So all these you have to prepare for.”

The event saw the launch of a mobile application for Business Continuity Planning (BCP) called Katatagan in a Box. — Katrina T. Mina

Fertilizer prices rise in June year on year

THE average price of four grades of fertilizer increased year on year in June, the Philippine Statistics Authority (PSA) said.

The average price of Urea fertilizer increased 12.9% year on year to P1,139.78 per sack, and fell 0.7% compared with the previous month.

Month on month, prices fell in 11 regions. The highest price recorded was in the Autonomous Region in Muslim Mindanao (ARMM) at P1,295.33, while the lowest price was in the Ilocos Region at P1,008.50.

The price of complete fertilizer rose 3.7% year on year to P1,150.18, but fell 0.3% month on month.

Price decreases were recorded in nine regions. The highest price was P1,336.67 in ARMM. The lowest price was P1,034.80 in South Cotabato, Cotabato City, Cotabato Province, Sultan Kudarat, Sarangani and General Santos City (Soccsksargen).

The price of ammosul fertilizer rose 6.8% year on year to P633.26. It rose 0.2% from a month earlier.

Eight regions recorded higher prices during the month, led by ARMM at P884.17. The lowest price was in Soccsksargen at P550.00.

The price of ammophos fertilizer increased 7.6% to P1,000.75, year on year, and rose 0.4% against the previous month.

Prices increased in eight regions, with the high recorded in ARMM at P1,223, and the low of P932 in the Ilocos Region.

ERC sets ‘maximum stable load’ as basis for computing installed capacity

THE Energy Regulatory Commission (ERC) said it will base its measurement of installed generating capacity on individual plants’ “maximum stable load,” making it the starting point for computing market share limitations as required by law.

Based on the maximum stable load, or the maximum demand in megawatts that a power generating unit can reliably sustain for an indefinite period, the commission estimates the Philippines’ installed generating capacity at 21,803,100 kilowatts (kW), limiting each entity’s installed generating capacity (IGC) to 5,450,775 kW or no more than 25% of the total.

“The same shall remain and shall be strictly enforced and implemented until the next adjustment thereto which may be on or before the 15th day of March of 2020 and every year thereafter and/or as the need arises,” the ERC said in a resolution.

For Luzon, the market share limitation (MSL) was set at 4,605,247 kW or no more than 30% of the main island’s set installed generating capacity as called for under the ERC resolution.

In the Visayas and Mindanao, the market share limit was 909,437 kW and 1,026,245 kW, respectively.

The limits were based on 2019 installed generating capacity set by the ERC, which placed the Luzon total at 15,350,824 kW.

For the Visayas and Mindanao, the installed generation capacity was set at 3,031,458 kW and 3,420,818, respectively.

The ERC is authorized under Sec. 45 (a) of Republic Act No. 9136 or the Electric Power Industry Reform Act of 2001 (EPIRA) to set the numbers annually to prevent a person, company, related group or independent power producer administrators, singly or in combination, to own, operate, or control more than 30% of the IGC per grid, and 25% of the national grid.

In line with the EPIRA provision, the ERC issued Resolution No. 26, Series of 2005, which set the guidelines for the determination of installed generation capacity for each grid and the national grid, or the high-voltage backbone system of interconnected transmission lines, substations and related facilities.

The IGC is the sum of the maximum capacity of the generation facilities that are connected to the transmission system or distribution system that forms part of a particular grid.

The ERC mandate is to promote free and fair competition in the generation and supply of electricity to achieve greater operational and economic efficiency and to ensure consumer protection and enhance the competitive operation of the markets for generation and supply of power.

The resolution comes as power generation companies revisit their projects in view of the Supreme Court decision requiring all power supply agreements (PSAs) forged after June 30, 2015 to undergo a competitive selection process (CSP) to arrive at the least-cost power for consumers.

On Thursday, consumer advocate Laban Konsyumer, Inc. (LKI) called on power generators to bid to ensure adequate power supply and at the least cost to meet growing electricity demand.

In a statement, LKI President Victorio Mario A. Dimagiba said it is “imperative that we add to our current power supply situation.”

“Unfortunately, we have had more red and yellow alerts this year than in the past five years. We are already more than three years too late according to our energy timetable. It is important that CSP is undertaken and implemented immediately, and invitations to all bidders begin. The CSP process will ensure that the much needed power supply will be provided at the least cost possible, which will in turn benefit consumers. CSP itself was designed to ensure the best bids and the least cost to the consumers,” he said.

He added that all power suppliers must participate in the selection process.

“CSP allows for the bidding of all power generators. The more power plants, the better … it is not the time to block power generators from bidding. We must encourage all interested parties to participate in CSP and bidding to save our country from a power situation crisis,” he said. — Victor V. Saulon

Sugar output flat in late June; 2020 industry dev’t budget P500M

SUGAR production as of the fourth week of June was little changed, rising 0.02% year-on-year, the Sugar Regulatory Administration (SRA) said.

The agency reported that as of the fourth week, sugar production was 2.071 million metric tons (MMT), up from 2.070 MMT a year earlier. This is equivalent to 41.42 million 50-kilo bags, compared with 41.41 million a year earlier.

The crop year for sugar starts every September and ends in August.

Demand for raw sugar declined 17.37% to 1.72 MMT.

Total sugarcane milled fell 8.25% year-on-year to 21.74 MMT.

Refined sugar output fell 9.50% year-on-year to 792,576.35 MT.

The millgate price fell 20.48% to P1,532.10 per 50-kilo bag. The retail price was stable at P45 to P50 per kilo, but was lower against the price of P55 to P64 a year earlier.

The SRA added that under the Sugar Industry Development Act (SIDA), the authority will be granted a 2020 budget unchanged from the 2019 allocation of P500 million, according to the Department of Budget and Management (DBM).

In a letter to the SRA dated July 11, the DBM said the recommened allocation considers factors like “1) implementation readiness of programs/projects; 2) assessment of absorptive capacity, i.e. disbursement vis-à-vis obligation, using as basis the FY 2018 budget utilization; 3) consistency of the SRA’s programs and projects with the Budget Priorities Framework, the Philippine Development Plan, the Results Matrix, the Public Investment program, as well as SRA’s Strategic Plan; 4) submission of the indicative annual procurement plan; and 5) the result consultations between government-owned or –controlled corporations with stakeholders on the government’s expenditure priorities.”

The National Budget for 2020 will be submitted by the President to Congress within 30 days from the opening of its regular session on July 22. The amount is subject to modification in the course of the legislative process.

Last month, proposals emerged to cut funding under SIDA to P67 million. The Confederation of Sugar Producers (CONFED) said that the industry plans to appeal to Congress to increase this to at least P1 billion. — Vincent Mariel P. Galang

SONA economic numbers

By Bienvenido S. Oplas, Jr.

SELECTED macro-economic data of the Philippines compared to our more economically-stable neighbors in the region.

* The Philippines is the only economy with consistently declining GDP growth rate. Others have up-down or down-up trends.

* The Philippines has the highest inflation rate in the region, 2018 and 2019 Year to date (Ytd., January to May/June).

* The Philippines and Indonesia have high, decline then increase interest rates. Vietnam has the highest but with slight decline trend.

* The Philippines and Indonesia have the worst current account/GDP ratio. Difference is that Indonesia has been in negative territory for several years now, Philippines only in 2018.

The Duterte administration’s ma-croeconomic performance in the last three years is not sterling, not outstanding, and wasted the economic momentum from the previous administration. But at least we are still growing at a high rate above 5%.

Investments and stability of contracts

Much has been said about the need to attract more investments to our country. While we are slowly catching up in terms of foreign direct investments, it is a fact that compared to other countries in the Asia Pacific region, we are less than stellar.

Accepting our mistakes or limitations, recognizing their negative impact and beginning a brutal self criticism as a nation can actually liberate us from the “puwede na” or “maayos pa naman” mentality in terms of assessing whether we have indeed attracted the right level and amount of investment in our country.

BINDING CONTRACTS
Key to this discussion is the issue of our country’s respect for stability of contracts entered into with foreign or transnational corporations. This issue is particularly unique to those projects where the initial investment involves huge amounts because of the kind of technology, expertise, and capital needed, and when the return for such investments takes a longer period.

The oil and gas, mining, power and energy industries are perfect examples of these types of ventures. Normally, investors would expect that contractual stability clauses (especially those related to fiscal terms) find their way to the relevant agreements. Stability, in practical terms, involves stipulations such as profit sharing, tax regime, payment processes like cost recovery, reimbursements, and governing law and dispute resolution, to name a few. The legitimate expectation of parties in an international contract is that it will be respected, regardless of a change in government structure, socio-political system, or political leadership.

LOCAL LAWS
And while there are investment treaties between a country and an investor which ensure adherence to contractual terms, local law also supports contractual compliance. No less than our Constitution’s Bill of Rights guarantees equal protection under the law. It simply expects parties to act fairly, equally, and in good faith. Add to this the non-impairment of contract clause which is a protection against contractual breach by the government. These rights are not limited to private persons or entities. They apply to government and the way it conducts its business activities with local and international investors.

Our basic law guarantees due process and freedom from discrimination even in the area of contracting. So if our nation’s decision makers change the rules in the middle of the game, short change the investor by resorting to different interpretations, come up with conflicting ordinances, laws or interpretations, or unduly interfere with the judiciary, no reputable or good investor would dare stay or even enter the country in the first place.

In the absence of fraud, intimidation, or patent unfairness, the government and foreign investors should abide by agreements they freely entered into. Otherwise, this factor alone, can tremendously bring down our “ease of doing business” scores in the international community.

A case in point is the suit filed by Shell Philippines Exploration BV, Chevron Malampaya LLC against the government on May 2015 in the International Chamber of Commerce in Singapore. The complaint was filed because Shell was being asked to pay an additional $2.9 billion because of an alleged under-collection of taxes from them. This additional payment was a result of a different interpretation of a tax clause in an existing contract that was approved by our agencies back when the project was executed.

Billions of pesos later, our government’s reputation for reliability in honoring contracts was the collateral damage suffered when we lost in the case in April this year with a vote of 3-0. The international business community is now watching how our local courts will have this decision enforced in favor of a consortium that already contributed at least $11 billion to our treasury.

CORPORATE IMAGE
The Philippines has a “brand” to protect. Any dispute that springs from allegations that the country has used misplaced nationalism or politics in order to breach its obligations repels foreign investments. In recent years, many legal suits have been filed on such issues and it is troubling that the government has chosen to spend millions in legal fees to fight a painful court or arbitral battle that should not have been waged at all if only we had stuck to our promises.

When the overall investment risks are so high, no one would dare to do business. They would shop for other countries where the offer is good, the relationships are positive, the commercial environment is fair but competitive, and the political climate progressive, forward looking and respectable.

 

Ariel F. Nepomuceno is a management consultant on strategy and investment.

The Devil we know

Foreign Affairs Secretary Teodoro Locsin, Jr. unwittingly said something at odds with what his boss, President Rodrigo Duterte, has been saying since he came to power in 2016.

The Philippines, “Teddy Boy” declared during a reception last July 4, the 243rd anniversary of American independence from Britain, cannot live without the United States of America because “she is all we have.”

His statement was part of the marriage metaphor he used to describe US-Philippine relations. The Philippines, he said, is like a husband who can’t divorce his wife not because he fears paying alimony, but because the wife is a “dependable presence.”

Belaboring the marriage metaphor to near-absurdity, he described the US as possessing “superior strength.” But in the next breath he undiplomatically claimed that “the ambiguity and indecision” of her commitment to defend her allies “when she gets up on the wrong side of the bed” makes living with her problematic.

Although it did seem that he was merely being cutely indifferent to the need to provide some insight into US-Philippine relations, Sec. Locsin nevertheless partly succeeded in describing the present state of the country’s foreign affairs by, in effect, contradicting his boss of bosses twice.

First, he did say that contrary to Mr. Duterte’s claim that the Philippines under his watch is no longer dependent on any country, it still needs the US. Second, by saying that the US “is all we have,” he was giving the lie to Mr. Duterte’s frequent description of China as another “friend” that has helped the Philippines with the military aid he needed against terrorism in Mindanao and the loans that would help him implement his Build, Build, Build infrastructure program.

At the same time, however, Sec. Locsin’s allusion to the “ambiguity and indecision” of the US commitment to defend its allies was in sharp contrast to recent US declarations emphasizing its readiness to honor its obligations to the Philippines under the terms of the Mutual Defense Treaty.

During his visit earlier this year, US Secretary of State Michael Pompeo assured the Philippines and, at the same time indirectly warned China, that his country stands by its Treaty commitments. US Ambassador to the Philippines Sung Kim had earlier said the same thing at least twice. The first time was after Pompeo’s visit, and the second in the aftermath of the ramming and sinking of the Filipino fishing boat F/B Gem-Ver 1 by a Chinese vessel at the Recto Bank on June 9. Kim indeed again declared, in the same July 4 reception where Locsin was in attendance, that the US will abide by its treaty obligations.

Ambassador Kim was in fact far more serious and far more diplomatic on that occasion. He said US friendship with the Philippines “remains very strong” and that he is “very optimistic about the future of the Philippines-US relationship.” Kim tactfully did not directly say so, but he was minimizing the impact on US-Philippine relations of Mr. Duterte’s declared “separation” from the US, his profanity-laced rants against it, and, above all, his incredibly supine allegiance to and support for China at the expense of the country’s fisherfolk and its long-term interests in the West Philippine Sea.

Kim correctly based his optimism for the future on the fact that the US experiment in colonial rule and imperialist dominance in the Philippines — although he couched it in both countries’ “shared values” — was, and still is, the most successful in all of human history.

Despite “independence,” the Philippines remains tied to the US militarily, and not only through its dependence on the US security umbrella under the terms of the Mutual Defense Treaty. There is as well the Visiting Forces Agreement (VFA) that was signed during President Gloria Macapagal-Arroyo’s shameless drive to assure US support for her remaining in power, and the Enhanced Defense Cooperation Agreement (EDCA) signed during the incurably pro-US Benigno Aquino III regime.

The first allows the US to send troops to the Philippines on a rotational basis, which makes their “temporary visits” permanent despite the Constitutional ban on foreign troops on Philippine territory without a treaty. The second provides the same troops the use of Philippine military bases to house them and store their equipment. Both assure the perpetration of US military influence and the holding of the periodic Philippines-US joint military exercises Mr. Duterte said he would stop but which are still continuing.

Support for the US is also assured by the dominance in Philippine governance of the descendants of the Spanish period principalia and its surrogates, agents, and allies, whom the US trained in “self government” during the nearly 50 years of its colonial rule. Their fidelity to common interests is deeply embedded in what passes for these dynasts’ minds, and so is the determination to preserve and defend, with US help, the political system that has so benefitted them. Towards that end, US military aid to the Duterte regime has even increased despite the human rights crisis its “war” on drugs and against dissent has fomented.

Meanwhile, US companies are among the biggest foreign investors in the Philippines. The US is also the country’s third largest trading partner. In 2016 over $27 billion in goods and services were traded between the two countries. Philippine “exports” — most of them actually by foreign companies based in the country — include semiconductor devices and auto parts, textiles, coconut oil, etc. The terms of US-Philippine trade and investments are governed by the 1989 Trade and Investment Framework Agreement and a tax treaty.

Trust in, and support for, the US remains strong among both high and low and rich and poor despite such past issues as the murderous, near-genocidal conduct of US troops during the Philippine-American War and the abuses that were rampant in, and in the vicinity of, the now defunct US military bases that constituted the major “irritants” in the relations between the two countries for four decades.

The special place of the US in many Filipinos’ hearts is not solely based on military, political, and economic relations but on the power of US culture. That culture emphasizes, among other supposed values, individual freedom, human rights, and independence rather than the US’ first loyalty to the preservation and expansion of its global empire in furtherance of its economic and strategic interests.

The dominance today of US political and ideological values was first assured through the forcible education of Filipinos in the English language, which made US culture accessible to the colonized. It is sustained today by the monopoly over information and entertainment of the handful of Western, mostly US, conglomerates that preside over the global culture industry. These corporations — among them Disney and News Corp. — grind out the movies, songs, publications, television programs, and trillions of bytes of information that on a daily basis deluge billions of men and women across cultures and throughout the planet.

The main weakness of Mr. Duterte’s Chinese friends is that, as latecomers in the imperialist game, they don’t have the same advantages as the US, among which political and ideological influence through cultural dominance is primary. China is still an unknown entity — and even the subject of far from subtle prejudice — among most Filipinos despite contacts that go back to pre-Hispanic times, and even many Filipinos’ Chinese roots.

Despite himself, Locsin did manage to say something meaningful last July 4. The US is indeed “all we have” in these troubling and troubled times. But rather than a marriage made in heaven, Philippine-US relations are based on a preference for the devil Filipinos know over the devil they don’t.

 

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

www.luisteodoro.com

Idealized images

Man has been obsessed with the search for the mythical fountain of eternal youth. It exists only in the imagination. There are projected and contrived cravings for rejuvenation procedures, cosmetic surgery, oxygen baths, hormonal injections, experiments with gene therapy. Some procedures and medicines are FDA-approved and safe to use. Other elixirs and treatments are still waiting for approval. While there are many successful results of retouching, revitalizing enhancements, there have been some tragic results too. Thus, one occasionally reads about cosmetic disasters: failed and fatal experiments and deadly diet pills. There are botched jobs because of allergic reactions to anesthesia and other complications.

All for vanity’s sake. Is it worth it?

Oscar Wilde once wrote, “The soul is born old but grows young. The body is born young and grows old.” If only people could be like the mythical Benjamin Button who looked younger as he grew older chronologically.

Studies reveal that heredity and environment determine physical appearance. Lifestyle including diet, exercise, sleep, and attitude can enhance or diminish looks. Contrary to common belief, the secret of youthful looks is not found in exotic concoctions and megavitamins. DNA and genetic programming determine it.

Environmental factors such as climate, sun and wind exposure, and the lack of moisture affect an individual.

For siblings with similar genetic combinations, the difference lies in lifestyle and attitude. A fast-paced, stressful, sedentary lifestyle (i.e. smoking, drinking liquor, bad dietary habits) would take its toll on one’s appearance. A healthy, active man would always look trim, fit and younger beside an overweight, sluggish brother. The attitude can be glimpsed in the facial expression and aura of a woman.

Too much emphasis has been placed on packaging — external beauty and form. Not enough focus is given to developing the important elements of a human being — the mind and spirit.

People are under social pressure to conform to idealized images. Media advertisements reinforce the conditioning with intense focus on physical perfection and youth.

A vulnerable audience unwittingly responds to the programming stimuli. The individual finds the herd instinct overwhelmingly hard to resist. They tend to follow the trendy crowd against one’s better judgment.

If oversized, pouting lips, tattooed eyebrows and semi-permanent lashes are “in,” there are many women who want to acquire the “look.” (Never mind if their appearance looks radically different, fake.)

The surgically enhanced faces of women appear alike — the stretched, creaseless foreheads, high cheekbones and pointed noses with high bridges, deep set, wide eyes. But that’s a personal choice that probably makes them happy to be photogenic.

Psychologically, there seems to be an addiction to fixing oneself. One tries it and continues to fix herself until she no longer looks like herself. The “cat woman” in New York was an example. Her freaky feline features happened after several procedures. She underwent a major transformation to look like an exotic panther, almost grotesque. She was unable to stop. A comparison between “before” and “after” photos showed that she had been better looking a few years earlier.

Great expectations produce evanescent illusions, unrealistic, addictive delusions. The aura of youth emanates from within. Without vitality, joie de vivre, energy, a young man would seem old beyond his years. A senior citizen who loves life and lives it with zest shall always be youthful and attractive. A sense of humor, a big smile, and charming personality are alluring.

Wisdom, compassion, generosity, humor, wit weigh more than youth and good looks. Age, weight, girth are not as important as people are made to believe. It is all the marketing hype that makes insecure people feel the social pressure to look a certain way.

One should remember that what truly matters is intangible.

As the French patriot and pioneering pilot-author Antoine de Saint-Exupéry wrote in The Little Prince:On ne voit bien qu’avec le coeur. L’essentiel est invisible pour les yeux.”

“One sees clearly only with the heart. Anything essential is invisible to the eyes.”

 

Maria Victoria Rufino is an artist, writer and businesswoman. She is president and executive producer of Maverick Productions.

mavrufino@gmail.com

No safe spaces

Congress, whose job is to make laws, should familiarize itself with the law of unintended consequences: an act causing outcomes unforeseeable or unpredicted. This is natural, particularly in a world populated by human beings. But unfortunately, President Rodrigo Duterte may have inadvertently signed a law of profound negative consequence for the country. That law is Republic Act No. 11313, An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor, or the “Safe Spaces Act.”

The words “safe space” alone should have sent red flags. But the law doesn’t provide for a safe space but rather a privileged one. And Congress just made the Republic take a fundamentally radical shift on social issues, particularly gender.

Section 3. (d) of the law defines “gender” as “a set of socially ascribed characteristics, norms, roles, attitudes, values and expectations identifying the social behavior of men and women, and the relations between them.”

This departs from longstanding Philippine historical, legislative, and even judicial understanding of gender being intrinsically connected to one’s sex.

Even the Supreme Court (in Silverio, 2007) declared that “the determination of a person’s sex made at the time of his or her birth, if not attended by error, is immutable.”

In effect, Congress — with the minimum of notice to everyone — made the Philippines take the hugely confused liberal progressive step of detaching gender from the reality of one’s biological sex, and identifying the former as a mere “social construct.”

Sec. 3. (f) further compounds this: “gender identity… refers to the personal sense of identity as characterized, among others, by manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female identity with physiological characteristics of the opposite sex, in which case this person is considered transgender.”

This effectively renders the “male” and “female” categorization of no practical meaning. The law also gives official recognition to “transgenders,” including privileged status. This coming precisely at a time of worldwide debate as to what exactly transgenderism is and how is it to be responded to.

Essentially, what Congress has done is to elevate and recognize something utterly subjective, contrary to centuries of Philippine social, cultural, religious, and official norms, so subjective it’s creatable purely in the mind of the subject individual, and yet criminal liability is imposed on the basis of that subjectivity.

And the criminal acts listed are horrendously vague: an “act” of “unwelcome sexual advances,” cursing, catcalling, wolf-whistling, leering, intrusive gazing, taunting, unwanted invitations; misogynistic, transphobic, homophobic, and sexist slurs; persistent unwanted comments on one’s appearance; relentless requests for personal details such as name, contact, destination, or social media; use of words, gestures, or actions that ridicule one’s sex, gender, or sexual orientation, identity and/or expression including sexist, homophobic, transphobic statements and slurs; persistent telling of sexual jokes, use of sexual names, comments, and demands; or any statement that has made an invasion on a person’s personal space or threatens the person’s sense of personal safety.

Catcalling was the only act defined by the law and it goes like this: “unwanted remarks directed towards a person, commonly done in the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs.”

But the key words here are “unwanted” and “unwelcome.” How is “unwanted” and “unwelcome” signified? Is there a de minimis level? Or possible chance of rectification by the transgressor? A deadline for a party to change one’s mind as to what was welcome/unwelcome, knowing how fickle people can be?

As mentioned, RA 11313 provides a privilege and the reason that is said is because we already have laws on cybercrime, libel, slander, coercion, acts of lasciviousness, unjust vexation, and sexual harassment — providing protection to all citizens (and even non-citizens).

But at a time when we’re still finding the true extent of our legal system’s effectivity, as well as certain laws’ propriety, particularly on sexual harassment, Congress comes up with another law carving out a special set of offenses to specifically protect an undefinable mutable sector.

Interestingly, RA 11313 does not only hold employers, teachers, or any person in authority accountable. It threatens everyone that does not subscribe to the idea of gender fluidity and transgenderism.

It makes everyone: colleagues, male or female, the elderly or minors, government officials, teachers and school administrators, even complete strangers, liable.

No exemption is made for religious beliefs, academic freedom, and even the military or police. In fact, higher responsibility is placed on schools and the police.

And a mere “act” “remark against any person regardless of motive” or “conduct that is unwelcome and pervasive and creates an intimidating” environment” could land anyone in jail.

This is the problem when legislators go woke.

And again: the road to hell is paved with good intentions.

 

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.

jemygatdula@yahoo.com

www.jemygatdula.blogspot.com

facebook.com/jemy.gatdula

Twitter @jemygatdula

Governance by crisis

We Filipinos love opportunities. That opportunities arise out of crisis is the proven management principle. How else can we explain our ability to create crisis after crisis?

These days, it is no longer about water rationing. We were told that when the rains came, all would be well. The monsoon is pouring at dusk but where is thy water? Years before, we were told that splitting and awarding Metro Manila between two private concessionaries (both run by family-owned conglomerates) would solve the inefficiencies and disruption of a water system run by government. The price of water has dramatically improved.

I initially thought that water-filling stations were making a killing selling drinkable, available, and more-expensive-than-gasoline water. But first there must be water to purify. Restaurants, hotels, and factories all need water to operate at a decent standard if at all — to drink and to clean and to brew, to wash, to cool, and to rejuvenate. My Dad in the 1990s used to say, “It is okay not to have electricity, but not water.”

The National Grid Corporation of the Philippines (but actually controlled by China) which runs our country’s power supply issues a power level alert to be prepared for rotating brownouts. Is this the power shortage we grew up with all over again, this time foisted on millennials to savor? We are asked to sign up for advisories via SMS or e-mail. We are to be reminded of our internet speed, data prices, and service reliability crisis in our telecommunications. Regardless of any improvement, any mobile user will tell you he is not happy with his provider of which there are only two.

If there are only two providers for an essential service, it is called a duopoly. It acts and reacts like a monopoly. Their two characteristics that go hand in hand are bad service and high prices.

Our transport crisis is running out of superlatives. How to describe the many crises? It used to be a funny source for jokes, then it is said to be hazardous to health and costly for companies. The solution was for not-so-emergency powers, then more number or coding schemes, additional yellow lines, blue lines, contact or no contact policy, Highway Patrol Group to the rescue — or not — moving of terminals and banning of this and that.

Only look at the daily queues that are reaching Guinness World Record length and the faces of the commuters and weep like there is no tomorrow. For all the injuries and deaths on the road that are no longer accidental but intentional, life ends today.

At least the rice crisis is gone, inflation lowered, and streets safer. Our economic growth rate and prospects are being recognized and lauded by the ratings agencies, international lenders, and ourselves.

The biggest crisis is the one in governance. Our institutions are infested with incompetent or inexperienced officials and recycled, tainted appointees. I can support the “whiff of corruption” standard to weed out corrupt public offenders, but it should be consistently applied. Any organization is only as good as the people in it, whether in the private or public sector.

What makes it particularly challenging is that for public organizations, there is a monopoly of service. A Filipino can only get a passport from the Department of Foreign Affairs, a clearance from the National Bureau of Investigation, business permits from local government units and nowhere else. And we know what happens when there is a monopoly without transparency or accountability.

A Filipino can only get justice from the justice system. It is a monopoly of state power — the right to investigate, prosecute, convict, jail, and reform criminals. These days, justice is also served or peddled in the streets. There are the other means of force and violence without responsibility.

But how do we solve a crisis? Crisis is best prevented by making the right decisions at the right time to readily and steadily solve day-to-day problems before they explode. To solve a crisis requires the right persons to do the job. And it is a chicken-and-egg situation because if the right team was in place in the beginning, we will not be facing crisis after crisis. This is a malaise that goes beyond administrations or generations.

Hence is it a government of crisis, a country for crises, and it is governance by crisis. The irony is that these are a result of negligence, inaction, bureaucratic mindsets, and corruption — the very issues governments exist to solve.

I remember the old adage during the campaign for Independence on our preference for a government run like hell by Filipinos. The idea is that at least it is our very own hot place. The 21st century definition of a crisis — it is a government run by Filipinos. I guess we got what we asked for. We Filipino need to use opportunities.