THREE CRISES FACE THE PHL

 By Philip M. Lustre Jr.

THREE crises face the Philippines. The first is the crisis caused by the pandemic; the second, the crisis caused by China's incursions into our territory; and third, the crisis of confidence caused by the two other crises. They leave a big question on our capacity to survive as a nation. We begin to ask where our nation will go. Shall we float of sink. We're like a piece of driftwood, floating on water and we don't know where to go. This is probably the worst crisis of confidence we face since the 1986 EDSA People Power Revolution.

Allow me to discuss the crisis brought by the Covid-19 pandemic

WE’RE IN FOR A TOUGH RIDE

BRACE up guys! We’re in for a tough ride in the coming days. This pandemic situation could last until next year, when we will have to go to the polling precincts to vote in the 2022 presidential elections.

Rodrigo Duterte and his ilk have not come out until now with any workable solution on the pandemic. They are lost. They are basically defeated dogs, who could no longer sustain a battle. They are confused and don’t know what to do.

This situation is being compounded by Duterte’s unwanted admission the pandemic will persist, as more people will get sick and die in the process. He had tried to assuage our ruffled feelings by saying defensively that “hindi tayo nagkulang (we didn’t lack anything).” This was a statement that was met with guffaws and social ridicule.

On the contrary, they have failed. Their failure has led to the pandemic's second wave, which continues to hit us with an unprecedented number of victims and deaths, said to be a record breaker in Southeast Asia.

The Covid-19 virus and its variants continue to ravage the nation in the most unexpected ways. They are peaking in number of victims and deaths as indicated by official data from the DoH.

The daily average of infection cases is around 10,000 persons over the last ten days, while the daily number of deaths is around 150 to 200 persons. DoH data also showed the number of active cases has increased to over 193,000 as of yesterday. It would likely hit the 200,000 by today.

The overall number of infection cases has breached the 900,000 mark and is expected to reach over one million by end-April. DoH data also places the positive rate at 20%, which means that for every 100 persons who underwent testing, 20 were positive.

As indicated by his TV appearances, no immediate solution appeared in sight. Duterte and his acolytes have not adopted what could be described the “best practices” among countries, which, although they don’t have sufficient vaccines, have come out solutions to stop its spread among their people.

On the contrary, Duterte and his ilk had the temerity to discuss the vaccine self reliance program, which will lead to the establishment of a vaccine manufacturing plant here. They naively believe it would take six months to build it, when experience shows it takes five to six years to construct one. This was definitely off the mark.

The pandemic requires immediate solutions to arrest its spread among Filipinos. This plan could wait. But where are the vaccines earlier promised by the vaccine czar Carlito Galvez, Jr., a retired military general, to flood the country within this year?

Vaccines are not coming. Even developed countries like the United States and Great Britain, which manufacture them, are having issues with their supplies. What they have earlier promised to give to the Philippines may not come at all because those supplies would have to go first to their people.

To make the long story short, we, the Filipino people, are on our own. We can’t expect much from our government. We shouldn’t let Duterte to lead our lives. We can’t expect much from them. They are useless.

What we have to do is to make clear to the presidential candidates to come forward with solutions for the pandemic. We have to make sure that we will only vote for the candidate that would come out with a spate of solutions

‘DEFEATIST’ FOREIGN POLICY

WHILE the pandemic has grown into crisis proportions, another crisis has erupted with neither indication nor provocation on the part of the Philippines. It is the crisis that is being brought by China right on our doorstep.

This is the crisis that is threatening our territorial integrity, as scores of Chinese vessels have swarmed our exclusive economic zone (EEZ) in the West Philippine (WPS) and the reefs there. The WPS is part of the South China Sea, almost the whole of which is being claimed by China, the predatory power in the region.

Those Chinese vessels, the number of which range from 200 to 220, are not essentially after the rich natural resources in the Philippine EEZ. No, these vessels are not after the fishes, seaweeds, giant clams, coral reefs, and other marine flora and fauna, the total value of which could reach hundreds of billions of pesos.

Their presence indicates they want to establish China’s ownership of the South China Sea under the much maligned and rejected Nine-Dash Line Theory being espoused by China. This is the same theory, which the five-man Permanent Arbitration Commission of the United Nations Conference of the Law of Sea has dismissed as non-existent in the historic 2016 decision that reaffirms the Philippine maritime entitlements.

China's hegemony as shown by the unabashed presence of those Chinese vessels in PHL territory stems mainly from our foreign policy. No, it’s not that we don’t have a foreign policy on China. It’s not that we don’t know how to deal with China. But our foreign policy under the much detested Rodrigo Duterte has drastically changed since he became president in 2016.

From a policy of mutual understanding and treatment, it has degenerated into a policy of servitude. No, China and the Philippines are no longer on the same plane. Their relations are no longer based on equal terms. Duterte is the local running dog of Xi Jin-ping and the China Communist Party. He is their lackey, plain and simple.

Although the 1987 Constitution does not say that the incumbent president is the “chief architect” of PHL foreign policy, subsequent decisions establishes the power of the incumbent president to chart PHL foreign policy. But is does not mean the president could dictate what he wishes. They are usually subject to interaction and the constitutional precept of “checks and balance” by the three branches of government. This judicial doctrine is being thoroughly followed and adhered to in the previous administrations.

***

THAT Duterte is a Chinese lackey is not a matter of perception. Facts support this assertion. In 2018, Duterte was said to have prohibited the Philippine Navy and the Philippine Coast Guard from conducting routine patrols of the West Philippine Sea. Then Magdalo Party List Rep. Gary Alejano revealed the prohibition, the information of which coming from his former colleagues in the Philippine Navy, and that has led China to establish military bases on those tiny specks of rock islands in the West Philippine Sea.

Duterte has agreed unilaterally to Xi’s suggestion for the Philippines to go slow in our assertion of the decision of the 2016 UNCLOS Permanent Arbitration Commission. Duterte cowardly agreed to Xi’s suggestion for the Philippines to resort to bilateral negotiations instead of asserting the UNCLOS decision. Incidentally, Duterte does not feel offended whenever he is described a “traitor” or a “quisling” in PHL-China relations.

China has been claiming ownership of a big part of South China Sea, citing as bases what it alleged as “historical presence” and the Nine-Dash Line theory. Over $5.3 trillion worth of commodities pass through the South China Sea to propel world commerce. China’s claim of ownership would restrict free passage of those goods along traditional sealanes, constricting free flow of world trade.

China’s claim of ownership of South China Sea on the basis of historic right and presence is being laughed at and ridiculed. China did not establish any foothold in South China Sea. What it had in the past were Chinese pirates, who marauded our villages, killed our men, raped our women, and snatched children for sale as slaves in some parts unknown.

The Nine-Dash Line theory, a modern-day invention, was an abomination because it was introduced in 2009 without mentioning the coordinates on the map to establish boundaries. It was laughed at and treated as merely a Chinese fiction.

In 2012, about 80-100 Chinese vessels swarmed the Panatag Shoal to form a phalanx as Chine’s way to establish ownership of that part of the West Philippine Sea. Some backchannel negotiations led by then Se. Sonny Trillanes happened and it prompted China to withdraw its maritime militia. In 2013, the PNOY government filed a case before the UNCLOS.

The Philippines won its case before the Permanent Arbitration Commission based in The Hague by dismissing China’s claim of ownership of South China Sea on the basis of the Nine-Dash Line theory. The 2016 decision is regarded historic because it forms part of the international law. This is their basis why the United States has brought its naval force in South China Sea.

Incidentally, the Philippines is not thoroughly pro-China. It government is divided into two factions: the pro-China faction led by Rodrigo Duterte, Bong Go, Jose Calida, or the so-called “Inferior Davao”; and the anti-China faction by Defense Secretary Delfin Lorenzana and DFA Secretary Teodoro Locsin. Duterte could not fire Lorenzana and Locsin because they are perceived to have the support of the United States.

The U.S., under Jose Biden, has changed its foreign policy to compete with China. Holding the 2016 UNCLOS decision, it has deployed its forces in the South China Sea to ensure freedom of navigation in that part of the world. China could not do anything. It is only Duterte and his ilk who have remained a lackey. His attitude has always been described as “defeatist,” as he kept on saying the PHL could not say no to China because it has weak maritime power.

The third crisis leaves us with the big question: Quo vadis, Philippines?

MALAKING TRABAHO

 Ni Ba Ipe 

HINDI biro ang ilatag ang isang matinong programa para bakunahan ang 70 milyon na Filipino sa buong 2021. Ito ang target ng gobyernong Duterte ngunit hindi namin alam kung may nailatag na programa. Napakahirap na trabaho ito para sa isang lingkod bayan.

Likas na batugan si Duterte. Hindi siya masipag; hindi siya nakikisangkot. Iniwan niya ang lahat ng trabaho sa kanyang mga alalay. Hindi kaya ng mga ayudante ang paglalatag ng isang malaki ngunit mabisang programa sa bansa. Problema iyan sa ngayon.

Inamin ng mga ayudante noong Lunes ng gabi sa harap ng telebisyon na wala silang naisarang vaccine supply contract sa mga gumagawa ng bakuna kontra pandemya. Bagaman nagpilit na magkaroon, hindi sila nagtagumpay.

Tagumpay naman ang kanilang mga simulation exercises. Wala nga lang ang mga bakuna. Hanggang exercises lang ba ang programa?

Dahil walang maiulat na maganda ang kanyang mga ayudante sa pumapalpak na gobyerno, hindi maalis sa isip kung may pupuntahan ang kanyang administrasyon sa pagpapatupad ng anumang programa sa bakuna. Mukhang wala.

Upang pagtakpan ang kapalpakan, inupakan ni Duterte si Bise Presidente Leni Robredo upang ipagkaila na nangingikil sa Visiting Forces Agreement (VFA) sa pagitan ng Estados Unidos at Filipinas. Ipinagmagaling niya na bilang pangulo, siya ang tanging may karapatan pagdating sa usapin ng foreign policy (o polisyang panabas).

Maling-mali; hindi niya naiintindihan ang Saligang Batas. Ayon sa Konstitusyon, ang pangulo ang arkitekto ng foreign policy. Ngunit hindi ito nangangahulugan na walang partisipasyon ang mga sektor ng lipunan sa paghubog ng foreign policy. Hindi ito monopolyo ng pangulo dahil kabilang ang maraming tao sa paghubog.

Kailangan ang input ng ibang sektor – mambabatas, politico, akademiko, think tank, negosyo, taong relihiyoso, at kahit mga pangkaraniwang mamamayan – sa paggawa ng foreign policy. Hindi ito kontrolado at dumating sa punto na dinidiktahan ng pangulo. Mukhang hindi niya alam ang kanyang constitutional law.

 Biglang luminaw tuloy na kinakatawan ni Robredo ang totoong oposisyon, o ang maraming demokratikong organisasyon at kilusan sa bansa. Ang puwersang tumututol sa awtoryanismo ay ang totoong oposisyon sa bansa. Si Duterte na ang nagbigay linaw sa isyung ito.

***

ISANG taon na ang pandemya sa bansa ngunit hanggang ngayon, walang linaw kung ano ang direksyon ng bansa. Bagaman sinabi ni Duterte na umaaasa ang kanyang gobyerno sa bakuna, hindi malinaw kung may darating na bakuna kahit na maraming bansa ang may sariling rollout at nagkakagulo sa pagpapatupad ng kanilang programa. Hanggang nganga lang daw tayo.

Walang malinaw na istratehiya kung paano babakunan ang 70 milyon Filipino sa taong ito. Pulong lang sila ng pulong kahit na walang malinaw na paraan kung paano dadalhin ang mga bakuna. Hindi rin malinaw kung dadating ang mga bakuna.

May kumukutya na malaki ng papel ni Sonny Dominguez, kalihim ng pananalapi, sa programa. Siya ang kumikilos upang mangutang sa ibang bansa. Siya ang lumalapit upang magkaroon ng pondo ang programa sa bakuna (kung may programa nga). Siya ang kumakausap sa mga kinatawan ng World Bank, Asian Development Bank, at Asian Investment Infrastructure Bank.

Si Dominguez ay ang pangunahing economic manager sa bansa. Bahagi siya ng Davao Group, o ang binansagang “Inferior Davao,” ang pangkat ng mga taong gobyerno na galing sa Katimugan. Hindi sila kilala sa kagalingan. Marami sa kanila ang matulis ang dila ngunit hindi kailanman ang diwa.

Hanggang saan ang control si Dominguez sa naghaharing uri ay isang bagay na hindi malinaw. Siya na yata ang Cesar Virata ni Duterte na kung wala si Domingez, hindi na makagalaw ang gobyerno. Totoo ba ito?

SOLOMONIC NOT SOMORONIC SOLUTION

By Philip M. Lustre jr.

CONGRESSIONAL leaders knew it was patently wrong. Rodrigo Duterte could not expropriate the assets of the two major telcos – PLDT Group and Globe Telecom – and give them to the favored third telecom – Dito Telecommunity.

While the cash register kept on ringing in their ears over the possibility of bigger takes from the two telcos, the more cerebral congressional leaders have understood it would be untenable, or even suicidal, for Congress to legislate the demise of two telcos to favor an upstart, which has yet to establish a track record in the local market.

In brief, Congress could not enact an expropriation law to take away the assets of the two telcos and give them to Dito Tel. A robust and competitive telecommunications industry does not operate on the basis of presidential rants that when the two telcos could not provide what Duterte perceives as sufficient service, he could take away their assets and give them to another telecommunications player.

To enable Duterte to escape from the sticky and embarrassing situation, congressional leaders have added a provision in the proposed Bayanihan To Heal as One Act – Part 2, suspending for three years the submission of most permits needed to build new cell towers nationwide to improve telecommunications services. According to Senate Minority Leader Franklin Drilon between 29 to 35 permit and documentary requirements have to be issued by local government units (LGUs) before a telco could get a permit to build a cell tower.

The relaxation of the regulatory environment under the Bayanihan Act -2 opens the burgeoning cell tower construction business to open competition, enabling private non-telco firms to join and build cell towers for rent to telcos. It gives the third telco the chance to catch with the rollout of its infrastructures to start its commercial operations in March 2021 and slug it out in the open telecommunications market. It does away the planned expropriation law, which has become irrelevant.

Lawmakers have said Congress would ratify on Monday (Aug. 24) the proposed Bayanihan Act -2, putting in place the second law to enable the Duterte administration to respond adequately to the pandemic caused by the China-Duterte Virus. It provides a total budget of P140 billion to include doleout to poor families, mass testing and contact tracing, and doleout to affected tourism-related businesses, among others.

In his July 26 SONA, Duterte has threatened the two telcos of expropriation mainly because of “poor service” and indicated he would give their assets to his Chinese friends, who are having a hard time putting up Dito Tel.

Camouflaging his intention of their expropriation by saying “the people wanted improvement of the services” of the two telecommunications giants, Duterte appeared bent to deliver the coup de grace in 2021 by strongly hinting to Congress that it would play a role in the enactment of a major legislation that could lead to their expropriation.

Expropriation is the act of a government to claim privately owned property against the wishes of the owners, ostensibly to be used for the benefit of the general public.

Dito Tel is behind schedule on the rollout of its infrastructure. It is near to impossible to meet its obligations, commitments, and requirements in its Certificate of Public Convenience and Necessity (CPCN), which serves as the contract between the government and the telco.

Addressing a Senate public hearing on July 1, Adel Tamano, chief administrative officer, said Dito Tel was having a hard time fulfilling its CPCN. Tamano cited the adverse effects of the pandemic caused by the novel coronavirus for Dito Tem’s inability to meet its commitments in the CPCN. He blamed the delay to movement restrictions caused by strict lockdown measures from mid-March until the end of May 2020.

“The COVID-19 and lockdowns prevented us from our full rollout. With the subsequent easing of different lockdown situations, we are doing our best to get back on track,” Tamano said. Also, the pandemic has affected China, which is Dito Tel’s main source of technological knowhow and raw materials, including the rolling stocks for its construction and infrastructure works.

Under its CPCN, Dito Tel’s “technical launch” was scheduled on July 7 this year, but it has to be postponed in November this year. No date has been fixed. Its CPCN requires Dito Tel to build initially at least 1,300 cell towers nationwide and provide digital service at a speed of 27 Mbp. According to Tamano, Dito Telecom has built 300 cell towers, or a backlog of 1,000 cell sites.

Concerning the legal basis of the envisioned expropriation of Globe and PLDT assets , the 1987 Constitution allows expropriation of private landholdings and ill-gotten assets, but is quiet on private assets to be given to another private entity, specifically a favored one.

The Constitution allows expropriation proceedings on landholdings for public use under its power of eminent domain. In fact, RA 10729, or the Right of Way Act, has been enacted during the incumbency of Benigno Aquino III mainly to hasten construction of road projects and other infrastructures.

Expropriation proceedings for PLDT and Globe Telecom assets could not be invoked because they have been rightfully acquired and do not in any way constitute ill-gotten wealth. Acquiring their assets mainly because they have failed to provide “adequate services” is a weak argument and does not rest on solid legal, albeit moral, grounds.

FAILED REBEL ARMS SHIPMENTS IN THE PHILIPPINES

By Philip M. Lustre Jr.

Unknown to many Filipinos, rebel forces and even the burgeoning First Philippine Republic, also called the Malolos Republic, engaged in failed arms smuggling to bolster their forces, but they had failed. Because of their inability to procure arms, their revolutionary efforts did not generate steam to defeat enemies. Two failed arms shipments are prominently mentioned: the 1899 arms shipments from Japan to help the Filipino revolutionary forces fighting the invading American forces; and the 1972 MV Karagatan episode where arms shipments from China were stopped by state troopers.

In the book “Mariano Ponce y Collantes: Dangal ng Lahing Pilipino,” which was edited by historian Jaime Balcos Veneracion, former chair of the UP Department of History, historian Resil Mojares wrote Mariano Ponce, whom Gen. Emilio Aguinaldo, president of the First Philippine Republic, named as Philippine ambassador to Japan, quietly worked with Japanese right-wing activists for some arrangements so that he could smuggle arms shipments to the Philippines.

A few notes about Mariano Ponce: He was one of the three pillars of the pivotal Propaganda Movement in Spain, the other two were Marcelo H. el Pilar and Dr. Jose P. Rizal. He went to Spain in 1887 to complete his medical studies. He became a medical doctor two years later but not without becoming part of the Comite de Propaganda, which spearheaded the Propaganda Movement in Spain.

He worked with del Plar and Rizal in the La Solidaridad, the newspaper that contained ideas of the reform movement that sought greater latitudes of Filipinos and the Philippines as a Spanish colony. He was with del Pilar from 1887 until he died and the newspaper closed shop in 1895 for lack of funds.

Mariano Ponce moved to Hong Kong in 1896, when the war for independence against Spain was raging. He led in the creation of the Comite de Central de Filipino, or the Hong Kong Junta composed of overseas Filipinos, who worked to collect funds for the revolutionary forces and seek recognition for the about to be formed revolutionary government.

Mariano Ponce announced the death of Jose Rizal by issuing a press statement that contained his poem “Mi Ultimo Pensamiento.” He was Aguinaldo’s secretary in Hong Kong when Aguinaldo and his fellow revolutionaries went on exile there in 1897 as a condition for the cessation of hostiities under the Pact of Biak na Bato. Aguinaldo returned to the Philippines on May 17, 1898.

The Hong Kong Junta assigned Mariano Ponce to Japan mainly to get support from the Japanese government. On June 29, 1898 he landed in the port city of Yokohama, where he established his base. Dr. Mariano Ponce was an avid letter writer and he made friends with many revolutionaries, including those leading leaders of the revolutions in Puerto Rico and Cuba. He wrote them letters and had healthy correspondence with them.

Dr. Mariano Ponce had befriended many Japanese leaders, including those in the right-wing fringes. But the most outstanding friendship he made was with Dr. Sun Yat-sen, reputedly the father of modern China and president of the first Chinese Republic. It was Sun who helped him in the arms smuggling to the Philippines, as the latter gave him the Japanese contacts.

According to Mojares, Dr. Sun Yat sen introduced Dr. Mariano Ponce to two former Japanese samurai – Toten Miyazaki and Shu Hirayama – to build up a network to help the Fiolipino revolutionaries. Ponce also met Japanese intellectuals, who were advocates on the Pan-Asiatic movements there. They included Inukai Ki, who networked with Haizan Nakamura, a member of the Japanese Diet, who eventually made arrangements for the arm shipment to the Philippines.

Together with his Japanese contacts, Dr. Ponce bought a tugboat – Nunobiki Maru, for use in the arms smuggling. On July 19, 1899, the tugboat sailed from Japan en route to the Philippines bringing 10,000 Murata rifles, six million bullets, six machine guns and some pieces of artillery and three Japanese volunteers, who would teach Filipino revolutionaries on their use.

The tugboat sank after it encountered a storm near Saddle Islands, 100 miles from Shanghai in China. The sinking of the tugboat disheartened Dr. Ponce and the Japanese supporters and the arms smuggling project was immediately stopped.

Dr. Ponce offered to resign to the Hong Kong Junta but it was not accepted. Dr. Sun calmed him down saying “it was all part of the revolution.” Relentless and committed, Dr. Ponce planned to smuggle arms to the Philippines anew in January 1900.

But it did not materialize after one of the Japanese contacts – Nakamura – was said to have pocketed the money. It created ripples among the Japanese supporters because they were firm adherents of honesty and transparency in their networking activity.

It was on the 4th of July 1972, when Tony Gomez, a logger and businessman, spotted a ship anchored opn the coast of Palanan in Isabela. Riding in a light plane, Gomez noticed men unloading cargoes in small boats and boxes along the beach. He reported it to the Philippine Constabulary provincial command and a contingent of constables including LT. Edgardo Aglipay, who rose to become PNP chief, was among the small team.

The PC team searched for the ship and they could it moored in Digoyo Point in Isabela. When they boarded the vessel, they were fired by rebels of the New People’s Army (NPA), military arm of the outlawed Communist Party of the Philippines. The ship was later untowed and a raging typhoon threw it out into the open ocean. Aglipay and his men had to stay three days in the open sea.

The ship was later identified MV Karagatan. It brought crates of arms shipments from China and ammunition mainly to sustain the revolution against the Marcos government. Aglipay and his team survived the ordeal and returned to their bases, where they planned with the Army an attack to the rebel forces who hid in the jungles of Isabela.

The state troopers attacked and in the ensuing gun battle that lasted for days, the rebels retreated leaving behind the arms shipment. Government troopers initial;ly recovered more than 100 M-14 rifles and ammunition. Further operations led to the capture of more than 500 M-14 and Garand rifles firming beliefs that the arms shipment could be sizable.

Marcos played up the MV Karagatan failed arms smuggling in mass media. It served as one of the bases for the September 21, 1972 declaration of martial law. In his book, Gaston Ortigas identified the owner as MV Karagatan – the family of Allan Jazmines, who is now believed to be one of the members of the Central Committee of the Communist Party of the Philippines.

Because of the MV Karagatan failed arms smuggling, the Chinese Communist Party had rejected overtures for another arms shipment. Netizen Dick Malay has narrated this story in one of his posts in this social networking site. 

‘CIVILIANIZATION’

By Philip M. Lustre Jr.

WE first heard this word from Gen. Renato de Villa, who was then AFP chief of staff of President Cory Aquino. That was sometime in 1991, after the country underwent the seventh yet the biggest and bloodiest military coup in its political history. It was a winner-take-all coup and the rebel military forces lost in the confrontation that lasted for several days.

Obviously, this word was concocted to refer to the process of re-inculcating the precept of civilian supremacy over the military. During those days, the military could not accept civilian supremacy. The Marcos dictatorship, in which the military was part of the ruling coalition, had nurtured a military establishment that could not re-integrate itself in the post-Marcos era.

Many military officials could not accept the primacy of civilian rule over the military. They had a hard time accepting that the restored democracy that has replaced the dictatorship could mean they have to accept orders from civilian rulers.

The civilianization process involved going back to the barracks, immersing themselves in new doctrines that include acknowledgement and acceptance of the human rights of the civilian population, and retraining to learn the so-called “civilian mind.”

The process started with the three branches of the Armed Forces – Army, Navy, and the Air Force. It extended to the Philippine Constabulary – Integrated National Police (PC-INP), the precursor of the present-day Philippine National Police (PNP).

When Congress enacted the PNP Law to replace the PC-INP, the PNP leadership adopted a new set of uniforms to stress the civilian nature of the new institution. Police officers were required to wear the neutral brown uniform. People teased the police officers by calling them “chocolate boys.”

Police officers were amused, but they were not mad. After all, the people did not feel threatened. A decade later, their brown uniform has been changed to blue. People called them “sekyu” because their blue uniform somewhat resembled the blue guards. They felt comfortable.

Now, police officers wear camouflage uniform, which is very similar to the Army’s uniform. Soldiers don’t feel comfortable because certain people, according to them, mistake them for police officers. They consider it an insult because of apparent inter-service rivalry.

Is the use of camouflage uniform part of the ongoing militarization?

It appears so. The police force behaves as somewhat the private army of Rodrigo Duterte. Police officers hardly possess the civilian mindset which has been imparted to them after more three decades of restored democracy. Many police officers feel they can do what they want, including human rights violations.

Ordinary citizens avoid them. They are not trusted. A number of police officers have adopted the monster attitude that they are now the ruling class, not the guys mandated to promote peace and order. Many people look at them as epitome of abuses. Or, because of their huge salaries, modern-day mercenaries of the ruling elite, sarcastically called "inferior Davao."

“Mag-iingat sa pulis” has become a routine piece of advice among citizens. God bless the Philippines

HINDI BA BANSA TAYO NG MGA BASAG ANG PULA?

By Philip M. Lustre Jr. 

            “Isang laksang bugok, isang laksang bugok

            Laksa laksang Pinoy na basag ang pula.”

            “Isang laksang bugok, isang laksang bugok

            “Isang laksang mga anak ng puta.”

-         “Una’t Huling Pasyon” ni Rio Alma

1.       May presidente tayo na nagmungkahi na upang malinis at magamit muli ang face mask, ibabad ito sa diesel o gasolina;

2.      May opisyal ng PNP na nagsabing gamitin ang mga chismoso at chismosa sa contact tracing;

3.      May presidential legal adviser na nagpayo sa pangulo na magdekla ng martial law dahil maituturing na paglusob ng kaaway ang pagdating ng coronavirus sa bansa;

4.      May kongresista na nagsabing magsagawa ng takeover sa ABS-CBN kahit walang judicial order;

5.      May presidential spokesman na hindi makapagbigay ng anumang batayan sa pahayag na “milyon-milyon ang magkakasakit ng Covid-19 kung hindi nagdeklara ng lockdown.”

6.      May national security adviser na nagsabing mas mabuting tumahimik na lang ang mga kritiko sapagkat maaaring may mangyaring hndi maganda sa kanila sa ilalim ng batong Anti-Terror Law;

7.      May DILG undersecretary na nagmungkahing hiyain (shame campaign) ang sinuman nilalang na hindi susunod sa mga alituntunin ng kuwarantina;

8.      May health secretary na nagpahayag na hindi na umakyat ang kurba (flattened the curve) kaht na patuloy na tumataas ang bilang ng mga mamamayan na kinapitan ng China-Duterte virus;

9.      May kongresista na may anak na bakla ang nagpahayag na hindi siya kumporme sa paninindigan ng kanyang ama sa pagpapasara ng ABS-CBN, ngunit wala siyang magawa sapagkat magkaiba sila;

10.   Mayroon DILG secretary na nagsabing pupunta ang mga pulis sa bawat bahay upang alamin ang may sintomas ng mapinsalang virus at puwersahang dadalhin sila sa mga quarantine center.

IS THERE A BASIS TO GIVE PLDT, GLOBE ASSETS TO 3RD TELCO?

By Philip M. Lustre Jr.

IT was not an attempt of a shakedown to milk the two telecommunications conglomerates – Globe Telecom and PLDT Group - of their resources. In his State of the Nation Address on Monday afternoon, Rodrigo Duterte said he wanted the expropriation early next year of their assets ostensibly to be given to his Chinese friends, who are having a hard time to putting up Dito Telecommunity, the third telco to compete against the two giant telcos.

Camouflaging his intention of their expropriation by saying “the people wanted improvement of the services” of the two telecommunications giants, Duterte appeared bent to deliver the coup de grace in 2021 by strongly hinting to Congress that it would play a role in the enactment of a major legislation that could lead to their expropriation.

Two questions: What is current situation of the third telco to warrant the expropriation of Globe and PLDT assets? Is there a basis – legal or otherwise - to give PLDT, Globe assets to the incoming third telco - Dito Telecommunity?

Expropriation is defined as the act of a government to claim privately owned property against the wishes of the owners, ostensibly to be used for the benefit of the general public.

On the first question, Dito Telecom is currently behind schedule on the rollout of its infrastructure. It is near to impossible to meet its obligations, commitments, and requirements specified in its Certificate of Public Convenience and Necessity (CPCN), which serves as the contract between the government and the telecom firm.

Addressing a Senate public hearing on July 1, Adel Tamano, chief administrative officer, said Dito Telecom was having a hard time fulfilling the terms and conditions specified in its CPCN. Tamano cited the adverse effects of the pandemic caused by the novel coronavirus for Dito Telecom’s inability to meet its commitments in the CPCN. He blamed the delay to movement restrictions caused by strict lockdown measures from mid-March until the end of May 2020.

“The COVID-19 and lockdowns prevented us from our full rollout. With the subsequent easing of different lockdown situations, we are doing our best to get back on track,” Tamano said. Also, the pandemic has affected China, which is Dito Telecom’s main source of technological knowhow and raw materials, including the rolling stocks for its construction and infrastructure works.

Under its CPCN, Dito Telecom’s “technical launch” was scheduled on July 7 this year, but it has to be postponed in November this year. No date has been fixed.

The CPCN requires Dito Telecom to build initially at least 1,300 cell towers nationwide and provide digital service at a speed of 27 Mbp. According to Tamano, Dito Telecom has built 300 cell towers, or a backlog of 1,000 cell sites.

Tamano has promised to speed up the construction of the backlog, but he did not give any assurance of its compliance by November. The original plan was to build at least 1,600 cell towers by July, but this was lowered to 1,300. Overall, Dito Telecom has planned to build 2,000 cell towers by end-2020.

If Dito could build the promised cell sites and provide telecommunications services to at least a third of the country, it is scheduled to provide partial commercial operations by March next year and full commercial operations by July 1, 2021, or the first year of its operations.

According to its terms of reference of its CPCN, Dito Telecom has promised to provide by the end of its fifth year of its commercial operations, telecommunications coverage to 84 percent of the country’s population at a minimum average speed of at least 55 mbps.

Then DICT Undersecretary Eliseo Rio Jr. said Dito Telecom might not invoke force majeure, or protection due to unforeseen events like the COVID-19 pandemic, should it miss its rollout targets. Press reports said the bidding terms of reference allow a grace period in case of a delay in rollout. Section 14 of the terms of reference allows the telecom firm two grace periods of six months each within the five-year commitment period.

The government would not grant special extensions to its rollout commitments despite the COVID-19 crisis that keeps on disrupting the global supply chain. Rio said. Dito Telecom could not seek reprieve by invoking force majeure, or protection due to unforeseen events such as the pandemic, because this was not included in the terms of reference.

Dito Telecom, backed by China Telecom and the group of Davao City-based businessman Dennis A. Uy, is to hold its twice postponed technical launch by November. Its failure to meet its commitments would allow the national government to seize its P25.7-billion performance bond and recall assigned radio frequencies. The terms of reference, however, allow a grace period in case of a delay in its rollout, but not in the schedule to go into commercial operations.

It’s dubious if Dito Telecom was “on track” to meet its commitments amid disruptions caused by the pandemic and the three-month Luzon lockdown. It was reported to have started searching for “alternative sources” of technology and raw materials to start their operations after its deliveries from China got stuck. The firm did not explain any details for alternative sources of technology.

It appears acquisition of existing telecommunications infrastructures and other assets is the most plausible option. The acquisition of Globe and PLDT assets would enable Dito Telecom to meet its obligations under its CPCN.

This is not the only issue that confronts Dito Telecom. Policy issues in the United States could strike Dito Telecom, adversely affecting its planned commercial operations next year. Dito Telecom would have a hard time operating in the country once the China Telecom is banned in the US since there will be a problem in the interconnection in cyberspace.

Several US Departments had encouraged the Federal Communications Commission (FCC) to revoke China Telecom (Americas) Corp’s authorization to provide international telecommunications services to and from the US. “This recommendation reflects the substantial and unacceptable national security and law enforcement risks associated with China Telecom’s continued access to US telecommunications infrastructure,” said the group of departments, which include State, Justice, Defense, Homeland Security, and Commerce, in a statement, along with the United States Trade Representative, in a statement regarding the filling at the FCC recently.

The call is in the midst of the continuous scrutiny being done by FCC to China Telecom in an investigation that was started last year. The US subsidiary of the Chinese state-owned telecommunications company holds the license to grant service in the US since 2007. The FCC united to vote in May last year to deny the request of another state-owned Chinese telecommunications company, the Mother mobile, to grant service in the US.

According to FCC chairman Ajit Pai, the commission was able to determine following the vote that China Mobile was controlled by the Chinese government. It was mentioned in a statement that there could be danger in the possibility of the Chinese government using the approval of the FCC to conduct espionage or spying against the US government.

The telecommunications companies of China are thoroughly being scrutinized by the US. Just last year, lawmakers urged FCC to review China Telecom and the other Chinese telecommunication company, the China Unicom. Also last year, the Trump administration placed Huawei Technologies – the Chinese telecoms company that is the global leader in next-generation 5G technology, on an “entity list” and barred it from buying critical components from its American suppliers.

The US has also urged other governments around the world to exclude Huawei from developing their 5G infrastructure, citing national security risks. In a recent filing, the departments contended that the Chinese government has “ultimate ownership and control” of China Telecom and the company’s US operations.

Such ownership might allow Chinese government entities “to engage in malicious cyber activity enabling economic espionage and disruption and misrouting of US communications” and “provide opportunities for increased Chinese government-sponsored economic espionage,” according to the filing.

The departments also contended in their filing that China Telecom had made inaccurate statements about where its US records were stored, and that it had made inaccurate statements to US customers about its cybersecurity and privacy practices that may fall short of complying with US law.

Concerning the second question if expropriation of Globe and PLDT assets has legal basis, the big answer is none. The 1987 Constitution allows expopriation of private landholdings and ill-gotten assets, but is quiet on private assets to be given to another private entity, specifically a favored one.

The Constitution allows expropriation proceedings on landholdings for public use under its power of eminent domain. In fact, RA 10729, or the Right of Way Act, has been enacted during the incumbency of Benigno Aquino III mainly to hasten construction of road projects and other infrastructures.

But it could not be used to acquire private assets to be given to a favored third party. Expropriation proceedings for PLDT and Globe Telecom assets could not be invoked because they have been rightfully acquired and do not in any way constitute ill-gotten wealth.

Acquiring their assets mainly because they have failed to provide “adequate services” is a weak argument and does not rest on solid legal, albeit moral, grounds. Duterte does not possess the legal trumpcard to proceed with what he had announced in his SONA. They could be regarded as ramblings of a confused mind that has gone berserk.

Acquiring PLDT and Globe Telecom assets to be given to the favored Dito Telecom is a highly politicized move that would only destroy the reputation of the Philippines in global business. It constitutes a barrier to entry; it would discourage potential investors to enter because the country’s rules on investments do not appear sound, fair, and impartial.

At best, Duterte could only allow the entire processes to unfold without fear or favor. If Dito Telecom could not meet its commitments and obligations, the national government should acquire the P25.7 billion which the third telco has earlier posted as performance bond.

Shortcutting the entire system to give a free ride to his Chinese friends would not work. It would certainly bring disrepute to the Philippines. It would only damage its reputation in the international community.

ABS-CBN NOT NEW TO MEDIUM MIGRATION

By Philip M. Lustre Jr.

THE ongoing migration of ABS-CBN programs to the digital platform is not a new phenomenon for the broadcast network. Way back in the mid-1960s, ABS-CBN transferred a number of its highly rated radio-based programs to television, which was then a rising medium in the country.

At that time, few households had TV sets. The transfer of those popular programs triggered brisk sales of TV sets in major cities to enable household members to watch TV programs and get free entertainment.

Among the popular radio-based programs that migrated to TV were "Tawag ng Tanghalan," the much acclaimed weekly nationwide amateur singing contest, "Buhay Artista," the sitcom program that featured the pair of notable comedians - Dolphy and Panchito, and Tang-Tarang-Tang, the sitcom that highlighted equally comedians Pugo and Bentot.

Despite the migration of these popular, highly rated programs to TV, radio has remained until now a popular medium. TV and radio have learned to co-exist as major components of the broadcast media. Print media and broadcast media constitute the traditional media.

Can ABS-CBN replicate what it did in the 1960s?

There are several factors to consider. The use of digital platform for commercial purposes is relatively new in the Philippines. Online media is largely confined to the so-called millennials (15-40 age bracket). The older population have remained stuck in the traditional media.

The national household 2019 survey of the Department of Information and Communications Technology (DICT) says 82 percent of all households nationwide have TV sets and 18 percent have Internet access. But 48 percent of the population have electronic gadgets – cell phones, tablets, desktop PCs, and the like.

But the current situation, where the pandemic is demanding less physical contact, could be a factor for a sudden rise in Internet connections for most households. Distance learning, where students would have to stay at home while receiving instructions from their teachers based elsewhere, could lead to increased purchases of electronic gadgets.

Moreover, the adoption of "work at home" for many workers could mean more Internet connections and electronic gadgets for use, making digital technology accessible to ordinary workers.

This is the challenge for the ABS-CBN. Its top honchos have rightly seen the rise of digital platform as the appropriate competitor of traditional media. The digital platform has come of age in the country. The challenge is to tap its commercial side.

Incidentally, the use of digital technology is not subject to any franchise, unlike broadcast media, which uses air waves, an integral part of the national patrimony.

Hence, the non-renewal of its franchise could be the proverbial blessing in disguise that could bring greater success for ABS-CBN.

The lawmakers in Congress did not see the current technological advances. They were too consumed by a combination of greed, hatred, ignorance and subservience to the mad man from the South. 

MORAL HIGH GROUND

By Philip M. Lustre Jr.

CHOOSING the moral high ground instead of yielding to the lawmakers’ insatiable greed is proving to be the right course of action for the Lopez family. Their policy of complete reticence and total avoidance of any conversation, negotiation, and bargaining is reaping largely unseen but tangible dividends for the Lopezes.

When the government through Rodrigo Duterte, Alan Peter Cayetano, and the screaming trio of Rodante Marcoleta, Michael Defensor, and Crispin Remulla had applied pressures to negate efforts to enact the proposed franchise extension of ABS-CBN, the Lopezes had simply clamped down and avoided any talk or negotiation for a quid pro quo.

The lawmakers had salivated for grease money from the Lopezes, expecting they would earn a windfall from the franchise extension and ensure reelection in 2022. Bribery is their language in extending legislative favors to some vested interest. Until the last minute, they were hoping cash would freely flow from the Lopezes. But this family know their lessons – past and present, as they opted to exercise moral scruples instead.

While they are admittedly ruthless in the conduct of their businesses, they are not wild and careless. Although they are astute and could be compromising at times, they stick to fundamentals – which is doing business with a modicum of ethical standards.

Meanwhile, the lawmakers would have to wait for the promised “projects” by their captain – Polong Duterte. Will Polong deliver those projects, where they could skim millions of pesos to fund their reelection bids in 2022? That is everybody’s guess.

The government is definitely bankrupt. It has incurred enormous debts because of the ill-fated 100-day lockdown. It has to resort to deficit spending. The national government has incurred outstanding debts of P1.509 trillion for the first five months of 2020, data from the Bureau of Treasury show.

This amount is larger than the programmed borrowings of P1.4 trillion for the entire 2020. Taxes and other revenues are insufficient to support the 2020 national budget of P4.2 trillion. Hence, the national government has to resort to deficit spending, where a big part of the national budget has to be supported by domestic and foreign borrowings.

The overall debt of the national government has reached P8.9 trillion by end-May. This is projected to reach P9.7 trillion by end-2020, the economic managers have earlier indicated. Who knows it could reach P12 trillion by the end of Duterte’s term of office on June 30, 2022? This P12 trillion benchmark is double the almost P6.0 trillion, the amount when the Duterte took office on June 30, 2016. 

Obviously, the current leadership, or ruling clique, which is disparagingly referred as the “Inferior Davao,” does not understand fiscal discipline. It has spent without much accomplishments to show for the P275 billion, which Congress has allocated under the newly expired BAHO Law to meet the pandemic caused by the China-Duterte Virus.

It did not resort to mass testing and contact tracing. It did not have programs, plans, targets, and objectives. The number of infected persons continues to rise after the 100-day lockdown.

Incidentally, the P1.509 trillion in borrowings from local and foreign sources the Duterte administration has incurred for the first five months of 2020 is much bigger than the overall borrowings of the Noynoy Aquino administration for the period 2010-2016.

Noynoy Aquino, during his entire six-year term, had contracted a total of P1.366 trillion, data of the Bureau of Treasury show. His tenure of office could be heralded as an era of fiscal discipline. He left office in 2016 with the national government in sound financial position because of its enormous savings.

Duterte has the reason to justify the huge borrowing for the first five months, citing the pandemic. But the difference remains mind-boggling by all standards because Duterte does not have much to show achievements for the heavy borrowings. He could not even explain how the resources were spent. His once a week public appearance does not lead to any clear-cut explanation of whatever expenditures his administration did.

Going back to the Lopez family, this economic family does not have to close shop for the next two years. Its game plan is to wait for a new government, possibly a friendlier one, to seek a new franchise in 2022.

Still, the Lopezes have the elbow room – or ultimate flexibility – to reinvent and reengineer the TV giant to new directions. The franchise expiration could be the legitimate reason to shed excess fat like the expensive contract stars and unwanted pro-Duterte commentators.

Also, the Lopezes could use ABS-CBN for the mass migration of Filipino audience to the digital platform. As the TV giant exploits the use of digital technology for its programming, the Lopezes could discover new but untapped income streams to make its digital operations viable – or even profitable ultimately.

Meanwhile, Duterte would be reduced to a fumbling clown, who would keep parroting used and worn-out lines straight from the Ferdinand Marcos playbook. The Lopezes are oligarchs... yak... yak... yak... Who would believe him? Who’s the loser? 

WHERE ARE WE GOING? (Part 2)

By Philip M. Lustre Jr.

This is a continuation of what has been started this morning. This is something I've promised to Maria Cristina Tiongson, a netizen:

1. We have economic managers, whose solution to the worsening fiscal problem of the government is to borrow more from every conceivable source and impose taxes on online sellers and the marginal guys, whose key to survival has been their creativity to adapt to the changing times. The economic managers have to report fully the use of the P279 billion, which Congress has allocated under the Social Amelioration Program (SAP) in the BAHO law.

2. We have an DILG secretary, who insists that the Phl has been doing good despite the WHO assertion that the Phl had the “fastest rate” of China-Duterte Virus infection in Western Pacific. In his limited view, the DILG secretary believes the Phl would have infection of one million and deaths of 200,000 had they failed to put the country under lockdown. His figures were speculative and where he got them was dubious. He also believes that the number of viral infections is expected to rise because of the “aggressive mass testing” they are doing. He also believes the Phl is doing better than the U.S. and Brazil.

3. We have a Congress that merely played games on bills granting franchise extension to ABS-CBN, as certain congressional leaders thought they could exact tons of flesh from its owners, who were said to be bleeding hard to keep the giant network afloat. The quid pro quo is their primary consideration.

4. We have a presidential flunkey (alalay), who pretends to be a senator, attends meetings of the task force regularly even without any official functions, and pontificates on what should be done on a pandemic that he could not understand thoroughly. He was the same guy who pushed hard his ill-fated program - “Balik Probinsiya,” which had to be shelved off because it has led to the spread of the China-Duterte Virus.

5. We have lawmakers, who have abdicated their right to think, even as they keep on enacting legislative measures without thorough studies and discernment. They are the same people who have agreed to be subjugated by a mad man. They have chosen to keep silent in what could be regarded an unmitigated clampdown.

6. We have barangay officials who have become petty tyrants in their respective political constituencies, as they had set up roadblocks and checkpoints without rhyme or reason and subjected their constituents to every conceivable restriction, which was baseless and unnecessary. Together with PNP and AFP, they engaged in a systematic militarization of the environment, which was the government’s answer to the virus.

7. We have a judicial system that is bent to punish and intimidate state critics like Maria Ressa and others. These people in the judiciary are willing to circumvent the law just to serve the interest of the mad man and his ilk.

8. We have a political leadership, which refuses to see China’s responsibility in the spread of the pandemic. They refuse to see China’s machinations to escape the spate of legal actions, which other countries and private entities would bring to various fora the moment the global situation normalize and allow to get them on their feet.

9. We have a government and a state agency like DOLE with no clear programs to help returning and stranded OFWs, treating them without mercy and taking their assistance as mere afterthought. Neither do they have a program for displaced workers, particularly the daily wage earners.

10. We have a vindictive political leadership which kills initiatives and treats the Vice President as an enemy when truth is she is doing her job and just wants to help. The ill treatment extends to other persons and entities like Angel Locsin, who only fault in life is to be compassionate to the needy and adversely affected.

Sabi ni Rio Alma sa "Una't Huling Pasyon ni Rio Alma," isang tula na kanyang nilikha bago ipataw ni Ferdinand Marcos ang batas militar noong 1972:

"Isang laksang bugok, isang laksang bugok;
Laksang-laksang Pinoy na basag ang pula."

THIS is Part 1, which I've posted this morning:

WHERE ARE WE GOING?

AFTER more than three months of the most oppressive and debilitating lockdown, or quarantine, or whatever, we could only marvel with sublime frustration at the following:

1. We have a president, who has been totally overwhelmed by the pandemic aptly called China-Duterte Virus (the virus came from China and Duterte had facilitated its entry by his “Welcome China” policy.) Until now, he has no plans, programs, targets, and objectives, but keep on blaming the people he is supposed to serve. He could not cope with the pressures of his job and the pandemic issues to the point that he has threatened to commit suicide to end everything. (Ituloy mo na lang para wala ng satsatan.) You call it leadership?

2. We have a health secretary, who is clueless of his job and keeps on blaming his subordinates for his failures. He does not know he is hated right on his own backyard (where else but the DoH) and thinks he is indispensable to the point he has ignored the Senate’s call for him to resign and leave his post.

3. We have a task force mostly of retired generals, whose approach to the pandemic is largely reactive. All they know is a military solution – arrest here and there, roadblocks and checkpoints, and everything that restrict people’s movements even if they die of hunger, not the virus. Essentially, the task force does not know its job. It has not set targets, plans, and programs. It is budget oriented too.

4. We have a Congress that has enacted wrong policies at the time of pandemic. It has enacted the Terror Bill without carefully examining the unconstitutional provisions. Certain congressional leaders have been coming out with the most stupid proposals like renaming NAIA. It is budget oriented too.

5. We have a Senate president, who is a case of Rip Van Winkle, who after sleeping for a time, was surprised to find out that the pandemic was still raging, prompting him to exclaim: “Where did we go wrong?” Clueless and shameless were too tame to describe him.

6. We have an education secretary, who has not come out clearly on her concept of distance learning. Until now, Deped is not clear on how to implement distance learning, blended, or whatever.

7. We have a tourism secretary, who stupidly believes that tourism is a way to jumpstart the national economy and that tourists would automatically come to the Philippines despite its projection in international media as one of the worst hit countries.

8. We have a retired general, who, as troubleshooter of the viral outbreak in Metro Cebu, took a chopper ride to determine the extent of the pandemic and fielded battalions of soldiers and police officers and tanks and APCs to combat the invisible enemy.

9. We have a presidential spokesman, who is more of a queef (literally vaginal flatulence but it’s a slang for an obnoxious person). He does not clarify issues, but complicate what should be easily explained.

10. We have an unimaginative transportation secretary, who is busy selling those China-made mini-buses instead of facilitating public transport so that affected people could restart their lives to become productive again.

Santambak silang mga basag ang pula. Dagdagan na lang ninyo.