By Victor V. Saulon Sub-Editor
\nand Vann Marlo M. Villegas Reporter
METRO MANILA\u2019S two water providers warned of the implication of the government\u2019s move to revoke the extension of their concession, which they learned only on Wednesday morning, while a foreign business group and an economist said the wider impact on investor confidence bears watching.
\n\u201cThe revocation of the (Metropolitan Waterworks and Sewerage System) board resolution on the extension of our concession up to 2037 has very serious, grave repercussions on our capability to support water security and also support investments in the compliance of the Clean Water Act,\u201d Ramoncito S. Fernandez, president and chief executive officer of west zone concessionaire Maynilad Water Services, Inc., said in an interview after a hearing at the House of Representatives on supposed onerous provisions in water companies\u2019 contracts with the government.
\n\u201cWhile we were meeting almost [the] whole day, our creditors have already asked us how will this affect [the company]. \u2018Will you still be able to pay the loans that you\u2019ve contracted with us long term?,\u2019\u201d Mr. Fernandez said.
\nDuring the hearing, state agency Metropolitan Waterworks and Sewerage System (MWSS) said its board of trustees had revoked a resolution issued in 2008 and 2009 that approved the extension of the concession of Maynilad and Manila Water Company, Inc.
\n\u201cThat\u2019s the action of the board — the revocation of the 15-year extension,\u201d MWSS Deputy Administrator Leonor C. Cleofas told lawmakers, saying the decision was reached during a Dec. 5 board meeting.
\nThe move revoked the extension until 2037 of the concessions, which was agreed even before the end of the original term in 2022.
\nShare prices of listed firms concerned fell by more than 13% to multi-year lows: Manila Water shares dropped 13.93% to P12.48 apiece, the lowest in 10 years and seven months; while that of DMCI Holdings, Inc. — which owns a fourth of Maynilad — gave up 13.39% to P5.11 each, the lowest in more than nine years, and that of Metro Pacific Investments Corp. — which owns more than half of Maynilad — went down 13.08% to P3.19 each, the lowest in more than eight years.
\nMetro Pacific is one of three Philippine subsidiaries of Hong Kong\u2019s First Pacific Co. Ltd., the others being PLDT, Inc. and Philex Mining Corp. Hastings Holdings, Inc., a unit of PLDT Beneficial Trust Fund subsidiary MediaQuest Holdings, Inc., maintains an interest in 大象传媒 through the Philippine Star Group which it controls.
\nRESPONSE
\nAntonino T. Aquino, former president of Manila Water and current member of its board, said in the same House hearing that it was also only on Wednesday that he learned about the decision of the MWSS board.
\n\u201cObviously it has implications on maybe the recovery period for all of the investments, that\u2019s one item. And of course for all of those things, you are required that funds have to be borrowed,\u201d he said in an interview after the hearing. \u201cMore importantly, we want to make sure that during that extension we\u2019re able to address from our side new water source that we badly need.\u201d
\nMr. Aquino said the company would \u201cdefinitely make a response.\u201d
\nDuring the hearing, he said that since the extension of the contract, the company had implemented its spending plan on the assumption that it could recover its investment for a longer period.
\nHe also said these investments were already factored in the rate rebasing even as early as 2013.
\nMr. Fernandez said the extension was signed by the President of the Philippines at that time through the Finance secretary.
\n\u201cWe will respond formally, as we were given three days to respond,\u201d he said.
\nHoward Randy A. Arzadon, assistant government corporate counsel at the Office of the Government Corporate Counsel, said the move of the MWSS board came after the directive of Malaca\u00f1ang to cancel the extension. \u201cThe concessionaires were given three days to give their position on the matter,\u201d the government counsel said.
\nThe extension was approved on Aug. 16, 2008 for Manila Water, and on Sept. 10, 2009 for Maynilad. Gloria Macapagal-Arroyo was president of the Philippines at that time.
\nThe original concession agreement was signed in 1997 during the term of President Fidel V. Ramos between MWSS, which owns the franchise, and Ayala-led Manila Water and Maynilad, which at that time was led by the Lopezes\u2019 Benpres Corp. and its French partner. Maynilad, at that time incurring losses, was inherited by its new owners after it was re-bid by the government in 2007.
\n\u201cAll the documents from day one came from the government,\u201d said ANAKALUSUGAN Rep. Michael T. Defensor, chairman of the Public Accounts committee, who presided over the hearing.
\nAsked on the issue of the treatment of the concessionaires\u2019 corporate income tax as an expense to be recovered from their customers, Maynilad\u2019s Mr. Fernandez replied: \u201c… [It] is our desire, in deference to the President, to come up with a workable solution together with the government.\u201d
\nWHO IS RESPONSIBLE FOR THE AGREEMENT?
\nPresidential Spokesperson Salvador S. Panelo said in a statement Tuesday evening the President will soon read in public the letters sent him by both concessionaires.
\n“The Chief Executive will read the letters of Maynilad and Manila Water before the public for transparency and to show that all the steps being undertaken by the government in resolving this issue with the two Metro Manila water concessionaires are aboveboard and legitimate,” Mr. Panelo said.
\n“These companies not only have inefficiently delivered water to the households but exacted unconscionable amounts from the taxpayers,” he added.
\n“The President will evaluate this development, as well as study the practical and legal consequences of the situation, before making any decision on what measure to undertake next.”
\nIn a separate hearing in the Senate, however, a former MWSS chief recalled that the government had to turn to foreign consultants, including the World Bank Group, for the drafting of the water concession agreement since no one in the country had any experience in this issue.
\nFormer administrator Angel L. Lazaro III, who led the MWSS at the time of then president Fidel V. Ramos, said considering the agency had no prior experience, it consulted the World Bank in drafting the contract.
\n\u201cWho is responsible for the concession agreement?\u201d Mr. Lazaro said during a Senate hearing, which tackled ongoing concerns on water supply shortage, Wednesday.
\n\u201cThe concession agreement was drafted by our consultants kasi nung 1996 wala naman kaming alam (because we knew nothing about this subject in 1996).\u201d
\nMr. Lazaro explained the draft was later approved by the MWSS Board of Trustees, where he served as vice chairman, and later reviewed by a special advisory council formed by Mr. Ramos.
\nSenator Grace S. Poe-Llamanzares, as chairperson of the Senate Public Services committee, cited the need to talk next with those who drafted the contracts.
\n\u201cWe have to know who drafted the contract to make it disadvantageous to us,\u201d Ms. Llamanzares said in a briefing after Wednesday’s hearing.
\n\u201cNgayon, meron bang liability ‘yyung concessionaires? Kung pinirmahan nila pero tayo naman \u2018yung nagbigay nun, ang may kasalanan nun \u2018yung gobyerno. (Now, do the concessionaires have any liability? If they signed contracts which the government itself offered them, then it is the government who is at fault).”
\nCLEAN SLATE
\nBefore the revocation of concession extension, Maynilad was awaiting an unresolved claim on the Republic of the Philippines. On Dec. 29, 2014, Maynilad\u2019s water tariff under the rate rebasing for the period from 2013-2017 received a favorable award in arbitration proceedings in the Philippines. But the MWSS did not implement the awarded tariff increase. The company proceeded to arbitration in Singapore and the final hearing was completed in 2016.
\nOn July 24, 2017, a three-person arbitral tribunal unanimously upheld the validity of Maynilad\u2019s claim against the undertaking letter issued by the Republic, through the Finance department, to compensate Maynilad for the delayed implementation of its tariffs for the rebasing period.
\nThe tribunal ordered the Republic to reimburse Maynilad P3.4 billion, but later adjusted to P3.2 billion, for losses from March 11, 2015 to Aug. 31, 2016. It also ruled that Maynilad is entitled to recover from the Republic its losses from Sept. 1, 2016. Mr. Fernandez said the company had not move to enforce the award nor compel the government to pay.
\nMeanwhile, Manila Water said on Nov. 29, 2019 that it had received the award rendered by a separate arbitral tribunal in the proceedings in Singapore between the company and the Republic.
\nThe Permanent Court of Arbitration ruled that Manila Water has a right to indemnification for actual losses suffered by it on account of the Republic\u2019s breach of its obligation. It ordered the Republic to indemnify Manila Water the amount of P7.39 billion representing the losses it suffered from June 1, 2015 until 22 Nov. 22, 2019, plus other costs.
\nOn Tuesday, officials of both companies said they were willing to waive their collection of the separate arbitral awards.
\nMr. Fernandez said the \u201crationale\u201d of Maynilad\u2019s decision was that its chairman, Manuel V. Pangilinan, wanted that the company was willing \u201cto start with a clean slate.\u201d He said the company was willing to cooperate and discuss with the government \u201chow to move forward.\u201d
\nMr. Aquino said that revocation of the concession\u2019s extension was a more \u201cdisturbing\u201d development. He said he hoped the company and the government would be able to come up with a \u201cworkable solution\u201d to avoid further conflict and ensure a \u201cfair return to whatever investments that we make.\u201d
\nINVESTOR IMPACT
\nFor European Chamber of Commerce of the Philippines President Nabil Francis, \u201cStability and predictability or the regulatory environment are crucial factors for investors.\u201d
\n\u201cChanging the rules in the middle of the game will send a negative signal to potential and current investors. This will also significantly affect investor confidence as well as the attractiveness of the Philippines as an investment destination,\u201d he said via text when asked for comment.
\nBienvenido S. Oplas, Jr., president of think-tank Minimal Government Thinkers, said this latest development in the government\u2019s move on Metro Manila\u2019s water service providers would have a \u201cvery negative\u201d impact on investor confidence.
\n\u201cIt\u2019s very negative because… FDI (foreign direct investment) is long term… among the main requirements of FDI is stability of policy, respect of contract,\u201d Mr. Oplas said in a telephone interview.
\n\u201cOnce you say you have a concession for say, 20 years, 30 years, it should be honored because they\u2019re going to put in big money and you cannot just pull it out any time,\u201d he added.
\n\u201cThe message for all foreign investors around the world is that this administration can change rules any time, arbitrarily…\u201d
\nSpeaking to reporters in a briefing in Malaca\u00f1an Palace, Socioeconomic Planning Secretary Ernesto M. Pernia said, however, that much depends on the quality and fairness of contracts.
\nReferring to \u201cthe sanctity of contracts,\u201d Mr. Pernia said that \u201cif they are not saintly… then they have to be revised.\u201d
\n\u201cAs long as we are implementing correct policies, fair policies… that should lure investors.
\nAsked separately, presidential spokesman Panelo replied: \u201cThe opposite is true.\u201d
\n\u201cInvestments will pour in because investors will feel secure that the Duterte presidency will not tolerate corruption and false narratives,\u201d Mr. Panelo said in a mobile phone message.
\n\u201cUscrupulous investors will shy away because jail term will await them.\u201d — with Charmaine A. Tadalan and Gillian M. Cortez
\n", "content_text": "By Victor V. Saulon Sub-Editor\nand Vann Marlo M. Villegas Reporter\nMETRO MANILA\u2019S two water providers warned of the implication of the government\u2019s move to revoke the extension of their concession, which they learned only on Wednesday morning, while a foreign business group and an economist said the wider impact on investor confidence bears watching.\n\u201cThe revocation of the (Metropolitan Waterworks and Sewerage System) board resolution on the extension of our concession up to 2037 has very serious, grave repercussions on our capability to support water security and also support investments in the compliance of the Clean Water Act,\u201d Ramoncito S. Fernandez, president and chief executive officer of west zone concessionaire Maynilad Water Services, Inc., said in an interview after a hearing at the House of Representatives on supposed onerous provisions in water companies\u2019 contracts with the government.\n\u201cWhile we were meeting almost [the] whole day, our creditors have already asked us how will this affect [the company]. \u2018Will you still be able to pay the loans that you\u2019ve contracted with us long term?,\u2019\u201d Mr. Fernandez said.\nDuring the hearing, state agency Metropolitan Waterworks and Sewerage System (MWSS) said its board of trustees had revoked a resolution issued in 2008 and 2009 that approved the extension of the concession of Maynilad and Manila Water Company, Inc.\n\u201cThat\u2019s the action of the board — the revocation of the 15-year extension,\u201d MWSS Deputy Administrator Leonor C. Cleofas told lawmakers, saying the decision was reached during a Dec. 5 board meeting.\nThe move revoked the extension until 2037 of the concessions, which was agreed even before the end of the original term in 2022.\nShare prices of listed firms concerned fell by more than 13% to multi-year lows: Manila Water shares dropped 13.93% to P12.48 apiece, the lowest in 10 years and seven months; while that of DMCI Holdings, Inc. — which owns a fourth of Maynilad — gave up 13.39% to P5.11 each, the lowest in more than nine years, and that of Metro Pacific Investments Corp. — which owns more than half of Maynilad — went down 13.08% to P3.19 each, the lowest in more than eight years.\nMetro Pacific is one of three Philippine subsidiaries of Hong Kong\u2019s First Pacific Co. Ltd., the others being PLDT, Inc. and Philex Mining Corp. Hastings Holdings, Inc., a unit of PLDT Beneficial Trust Fund subsidiary MediaQuest Holdings, Inc., maintains an interest in 大象传媒 through the Philippine Star Group which it controls.\nRESPONSE\nAntonino T. Aquino, former president of Manila Water and current member of its board, said in the same House hearing that it was also only on Wednesday that he learned about the decision of the MWSS board.\n\u201cObviously it has implications on maybe the recovery period for all of the investments, that\u2019s one item. And of course for all of those things, you are required that funds have to be borrowed,\u201d he said in an interview after the hearing. \u201cMore importantly, we want to make sure that during that extension we\u2019re able to address from our side new water source that we badly need.\u201d\nMr. Aquino said the company would \u201cdefinitely make a response.\u201d\nDuring the hearing, he said that since the extension of the contract, the company had implemented its spending plan on the assumption that it could recover its investment for a longer period.\nHe also said these investments were already factored in the rate rebasing even as early as 2013.\nMr. Fernandez said the extension was signed by the President of the Philippines at that time through the Finance secretary.\n\u201cWe will respond formally, as we were given three days to respond,\u201d he said.\nHoward Randy A. Arzadon, assistant government corporate counsel at the Office of the Government Corporate Counsel, said the move of the MWSS board came after the directive of Malaca\u00f1ang to cancel the extension. \u201cThe concessionaires were given three days to give their position on the matter,\u201d the government counsel said.\nThe extension was approved on Aug. 16, 2008 for Manila Water, and on Sept. 10, 2009 for Maynilad. Gloria Macapagal-Arroyo was president of the Philippines at that time.\nThe original concession agreement was signed in 1997 during the term of President Fidel V. Ramos between MWSS, which owns the franchise, and Ayala-led Manila Water and Maynilad, which at that time was led by the Lopezes\u2019 Benpres Corp. and its French partner. Maynilad, at that time incurring losses, was inherited by its new owners after it was re-bid by the government in 2007.\n\u201cAll the documents from day one came from the government,\u201d said ANAKALUSUGAN Rep. Michael T. Defensor, chairman of the Public Accounts committee, who presided over the hearing.\nAsked on the issue of the treatment of the concessionaires\u2019 corporate income tax as an expense to be recovered from their customers, Maynilad\u2019s Mr. Fernandez replied: \u201c… [It] is our desire, in deference to the President, to come up with a workable solution together with the government.\u201d\nWHO IS RESPONSIBLE FOR THE AGREEMENT?\nPresidential Spokesperson Salvador S. Panelo said in a statement Tuesday evening the President will soon read in public the letters sent him by both concessionaires. \n“The Chief Executive will read the letters of Maynilad and Manila Water before the public for transparency and to show that all the steps being undertaken by the government in resolving this issue with the two Metro Manila water concessionaires are aboveboard and legitimate,” Mr. Panelo said.\n“These companies not only have inefficiently delivered water to the households but exacted unconscionable amounts from the taxpayers,” he added.\n“The President will evaluate this development, as well as study the practical and legal consequences of the situation, before making any decision on what measure to undertake next.”\nIn a separate hearing in the Senate, however, a former MWSS chief recalled that the government had to turn to foreign consultants, including the World Bank Group, for the drafting of the water concession agreement since no one in the country had any experience in this issue.\nFormer administrator Angel L. Lazaro III, who led the MWSS at the time of then president Fidel V. Ramos, said considering the agency had no prior experience, it consulted the World Bank in drafting the contract.\n\u201cWho is responsible for the concession agreement?\u201d Mr. Lazaro said during a Senate hearing, which tackled ongoing concerns on water supply shortage, Wednesday.\n\u201cThe concession agreement was drafted by our consultants kasi nung 1996 wala naman kaming alam (because we knew nothing about this subject in 1996).\u201d\nMr. Lazaro explained the draft was later approved by the MWSS Board of Trustees, where he served as vice chairman, and later reviewed by a special advisory council formed by Mr. Ramos.\nSenator Grace S. Poe-Llamanzares, as chairperson of the Senate Public Services committee, cited the need to talk next with those who drafted the contracts.\n\u201cWe have to know who drafted the contract to make it disadvantageous to us,\u201d Ms. Llamanzares said in a briefing after Wednesday’s hearing.\n\u201cNgayon, meron bang liability ‘yyung concessionaires? Kung pinirmahan nila pero tayo naman \u2018yung nagbigay nun, ang may kasalanan nun \u2018yung gobyerno. (Now, do the concessionaires have any liability? If they signed contracts which the government itself offered them, then it is the government who is at fault).”\nCLEAN SLATE\nBefore the revocation of concession extension, Maynilad was awaiting an unresolved claim on the Republic of the Philippines. On Dec. 29, 2014, Maynilad\u2019s water tariff under the rate rebasing for the period from 2013-2017 received a favorable award in arbitration proceedings in the Philippines. But the MWSS did not implement the awarded tariff increase. The company proceeded to arbitration in Singapore and the final hearing was completed in 2016.\nOn July 24, 2017, a three-person arbitral tribunal unanimously upheld the validity of Maynilad\u2019s claim against the undertaking letter issued by the Republic, through the Finance department, to compensate Maynilad for the delayed implementation of its tariffs for the rebasing period.\nThe tribunal ordered the Republic to reimburse Maynilad P3.4 billion, but later adjusted to P3.2 billion, for losses from March 11, 2015 to Aug. 31, 2016. It also ruled that Maynilad is entitled to recover from the Republic its losses from Sept. 1, 2016. Mr. Fernandez said the company had not move to enforce the award nor compel the government to pay.\nMeanwhile, Manila Water said on Nov. 29, 2019 that it had received the award rendered by a separate arbitral tribunal in the proceedings in Singapore between the company and the Republic.\nThe Permanent Court of Arbitration ruled that Manila Water has a right to indemnification for actual losses suffered by it on account of the Republic\u2019s breach of its obligation. It ordered the Republic to indemnify Manila Water the amount of P7.39 billion representing the losses it suffered from June 1, 2015 until 22 Nov. 22, 2019, plus other costs.\nOn Tuesday, officials of both companies said they were willing to waive their collection of the separate arbitral awards.\nMr. Fernandez said the \u201crationale\u201d of Maynilad\u2019s decision was that its chairman, Manuel V. Pangilinan, wanted that the company was willing \u201cto start with a clean slate.\u201d He said the company was willing to cooperate and discuss with the government \u201chow to move forward.\u201d\nMr. Aquino said that revocation of the concession\u2019s extension was a more \u201cdisturbing\u201d development. He said he hoped the company and the government would be able to come up with a \u201cworkable solution\u201d to avoid further conflict and ensure a \u201cfair return to whatever investments that we make.\u201d\nINVESTOR IMPACT\nFor European Chamber of Commerce of the Philippines President Nabil Francis, \u201cStability and predictability or the regulatory environment are crucial factors for investors.\u201d\n\u201cChanging the rules in the middle of the game will send a negative signal to potential and current investors. This will also significantly affect investor confidence as well as the attractiveness of the Philippines as an investment destination,\u201d he said via text when asked for comment.\nBienvenido S. Oplas, Jr., president of think-tank Minimal Government Thinkers, said this latest development in the government\u2019s move on Metro Manila\u2019s water service providers would have a \u201cvery negative\u201d impact on investor confidence.\n\u201cIt\u2019s very negative because… FDI (foreign direct investment) is long term… among the main requirements of FDI is stability of policy, respect of contract,\u201d Mr. Oplas said in a telephone interview.\n\u201cOnce you say you have a concession for say, 20 years, 30 years, it should be honored because they\u2019re going to put in big money and you cannot just pull it out any time,\u201d he added.\n\u201cThe message for all foreign investors around the world is that this administration can change rules any time, arbitrarily…\u201d\nSpeaking to reporters in a briefing in Malaca\u00f1an Palace, Socioeconomic Planning Secretary Ernesto M. Pernia said, however, that much depends on the quality and fairness of contracts.\nReferring to \u201cthe sanctity of contracts,\u201d Mr. Pernia said that \u201cif they are not saintly… then they have to be revised.\u201d\n\u201cAs long as we are implementing correct policies, fair policies… that should lure investors.\nAsked separately, presidential spokesman Panelo replied: \u201cThe opposite is true.\u201d\n\u201cInvestments will pour in because investors will feel secure that the Duterte presidency will not tolerate corruption and false narratives,\u201d Mr. Panelo said in a mobile phone message.\n\u201cUscrupulous investors will shy away because jail term will await them.\u201d — with Charmaine A. Tadalan and Gillian M. Cortez", "date_published": "2019-12-12T00:34:57+08:00", "date_modified": "2019-12-12T00:34:57+08:00", "authors": [ { "name": "大象传媒", "url": "/author/cedadiantityclea/", "avatar": "https://secure.gravatar.com/avatar/fc38d2668fdee8f1e2b22df5e72ae6f4ad265ab7814de4aa60060edd377a70ce?s=512&d=mm&r=g" } ], "author": { "name": "大象传媒", "url": "/author/cedadiantityclea/", "avatar": "https://secure.gravatar.com/avatar/fc38d2668fdee8f1e2b22df5e72ae6f4ad265ab7814de4aa60060edd377a70ce?s=512&d=mm&r=g" }, "tags": [ "Gillian M. Cortez", "Vann M. Villegas", "Victor V. Saulon", "Editors' Picks", "大象传媒" ], "summary": "METRO MANILA\u2019S two water providers warned of the implication of the government\u2019s move to revoke the extension of their concession, which they learned only on Wednesday morning, while a foreign business group and an economist said the wider impact on investor confidence bears watching." }, { "id": "/?p=244178", "url": "/editors-picks/2019/07/23/244178/return-of-capital-punishment-to-be-prioritized/", "title": "Return of capital punishment to be prioritized", "content_html": "PRESIDENT Rodrigo R. Duterte will certify as urgent a bill seeking to restore the death penalty for drug trafficking, plunder and other heinous crimes, his spokesman said yesterday.
\n\u201cIf you ask him, death by hanging is cheaper,\u201d presidential spokesman Salvador S. Panelo said at a briefing in Manila. \u201cBut I think we will stick with the old method of using lethal injection,\u201d he said in Filipino.
\nMr. Duterte in his annual address to Congress on Monday said drug traffickers must be put to death, noting that the illegal drug menace persists despite his deadly war on drugs that has killed thousands.
\n\u201cI am aware that we still have a long way to go in our fight against this social menace,\u201d the president told lawmakers. \u201cThat\u2019s the reason why I advocate the imposition of the death penalty for crimes related to illegal drugs.\u201d
\nReinstating capital punishment will be among the priority bills of the Legislative-Executive Development Advisory Council (LEDAC), Senate President Vicente C. Sotto III told reporters.
\n\u201cIf it is confined to high-level drug trafficking, it stands a good chance,\u201d the senator said. \u201cIt could be a squeaker, but it could pass in the Senate.\u201d
\nMeanwhile, Justice Secretary Menardo I . Guevarra said capital punishment might deter some serious crimes.
\n\u201cThe fear of being put to death for the commission of a crime will naturally prompt a criminally minded person to think twice,\u201d he said in a text message.
\nPhilippine National Police chief General Oscar D. Albayalde for his part said something needs to be done to the justice system to ensure innocent people won\u2019t suffer. Law enforcers, he added, make mistakes during operations.
\nBeing able to execute criminals \u201cwill be a game changer in our continuing campaign against illegal drugs,\u201d he said, even as he admitted that Congress won\u2019t restore the death penalty without putting safeguards.
\nThe Philippines became the first Asian country to abolish the death penalty for all crimes, but it was reintroduced in late 1993 for 46 different offenses, according to Amnesty International.
\nExecutions resumed in 1999 after 23 years, according to the London-based group focused on human rights. Former President Joseph E. Estrada in 2000 announced a halt on executions, which his successor ex-President Gloria Macapagal Arroyo continued.
\nThe Philippines under Mrs. Arroyo again suspended capital punishment in 2006 through a law. Before that, she commuted the death sentences of 1,230 inmates to life imprisonment, which Amnesty International said was the \u201clargest ever commutation of death sentences.\u201d
\nIn 2007, the country became a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights regarding the abolition of the death penalty.
\n\u201cThe death penalty is the ultimate cruel, inhuman and degrading punishment,\u201d Amnesty International said on its website. \u201cAmnesty opposes the death penalty in all cases without exception \u2014 regardless of who is accused, the nature or circumstances of the crime, guilt or innocence or method of execution.\u201d \u2014 Vann M. Villegas, Vince Angelo C. Ferreras and Arjay L. Balinbin
\n", "content_text": "PRESIDENT Rodrigo R. Duterte will certify as urgent a bill seeking to restore the death penalty for drug trafficking, plunder and other heinous crimes, his spokesman said yesterday.\n\u201cIf you ask him, death by hanging is cheaper,\u201d presidential spokesman Salvador S. Panelo said at a briefing in Manila. \u201cBut I think we will stick with the old method of using lethal injection,\u201d he said in Filipino.\nMr. Duterte in his annual address to Congress on Monday said drug traffickers must be put to death, noting that the illegal drug menace persists despite his deadly war on drugs that has killed thousands.\n\u201cI am aware that we still have a long way to go in our fight against this social menace,\u201d the president told lawmakers. \u201cThat\u2019s the reason why I advocate the imposition of the death penalty for crimes related to illegal drugs.\u201d\nReinstating capital punishment will be among the priority bills of the Legislative-Executive Development Advisory Council (LEDAC), Senate President Vicente C. Sotto III told reporters.\n\u201cIf it is confined to high-level drug trafficking, it stands a good chance,\u201d the senator said. \u201cIt could be a squeaker, but it could pass in the Senate.\u201d\nMeanwhile, Justice Secretary Menardo I . Guevarra said capital punishment might deter some serious crimes.\n\u201cThe fear of being put to death for the commission of a crime will naturally prompt a criminally minded person to think twice,\u201d he said in a text message.\nPhilippine National Police chief General Oscar D. Albayalde for his part said something needs to be done to the justice system to ensure innocent people won\u2019t suffer. Law enforcers, he added, make mistakes during operations.\nBeing able to execute criminals \u201cwill be a game changer in our continuing campaign against illegal drugs,\u201d he said, even as he admitted that Congress won\u2019t restore the death penalty without putting safeguards.\nThe Philippines became the first Asian country to abolish the death penalty for all crimes, but it was reintroduced in late 1993 for 46 different offenses, according to Amnesty International.\nExecutions resumed in 1999 after 23 years, according to the London-based group focused on human rights. Former President Joseph E. Estrada in 2000 announced a halt on executions, which his successor ex-President Gloria Macapagal Arroyo continued.\nThe Philippines under Mrs. Arroyo again suspended capital punishment in 2006 through a law. Before that, she commuted the death sentences of 1,230 inmates to life imprisonment, which Amnesty International said was the \u201clargest ever commutation of death sentences.\u201d\nIn 2007, the country became a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights regarding the abolition of the death penalty.\n\u201cThe death penalty is the ultimate cruel, inhuman and degrading punishment,\u201d Amnesty International said on its website. \u201cAmnesty opposes the death penalty in all cases without exception \u2014 regardless of who is accused, the nature or circumstances of the crime, guilt or innocence or method of execution.\u201d \u2014 Vann M. Villegas, Vince Angelo C. Ferreras and Arjay L. Balinbin", "date_published": "2019-07-23T20:55:42+08:00", "date_modified": "2019-07-23T20:55:42+08:00", "authors": [ { "name": "大象传媒", "url": "/author/cedadiantityclea/", "avatar": "https://secure.gravatar.com/avatar/fc38d2668fdee8f1e2b22df5e72ae6f4ad265ab7814de4aa60060edd377a70ce?s=512&d=mm&r=g" } ], "author": { "name": "大象传媒", "url": "/author/cedadiantityclea/", "avatar": "https://secure.gravatar.com/avatar/fc38d2668fdee8f1e2b22df5e72ae6f4ad265ab7814de4aa60060edd377a70ce?s=512&d=mm&r=g" }, "tags": [ "Arjay L. Balinbin", "Death penalty", "Featured2", "Rodrigo R. Duterte", "Vann M. Villegas", "Vince Angelo C. Ferreras", "Editors' Picks", "One News", "The Nation" ], "summary": "PRESIDENT Rodrigo R. Duterte will certify as urgent a bill seeking to restore the death penalty for drug trafficking, plunder and other heinous crimes, his spokesman said yesterday." }, { "id": "/?p=244177", "url": "/the-nation/2019/07/23/244177/justice-carpio-refutes-duterte-on-china-row/", "title": "Justice Carpio refutes Duterte on China row", "content_html": "CHINA DOES not own and control the South China Sea, contrary to President Rodrigo R. Duterte’s claim in justifying his foreign policy stance, a Supreme Court magistrate said on Tuesday.
\nSenior Associate Justice Mr. Antonio T. Carpio in a statement refuted the president’s claim, noting that China “is in possession of seven features in the Spratlys plus Scarborough Shoal,”
\n“In addition, during the Duterte administration, China seized Sandy Cay from the Philippines,” the magistrate said, adding that the total area of these geologic features, including their territorial seas is less than 7% of the South China Sea.
\nMr. Carpio said foreign naval powers such as the United States, United Kingdom, France, Australia, Japan, and Canada continuously sail and conduct naval drills in the South China Sea, which shows that China is not in possession of the waterway.
\nMr. Duterte in his annual state of the nation address to Congress on Monday said the Philippines is not in a position to assert its rights in the disputed sea because China is in possession of it.
\nHe blamed Benigno S.C. Aquino III, his predecessor, for allegedly giving way to China after a 2012 standoff in Scarborough Shoal that later allowed the regional power to occupy the shoal.
\nChina has been building artificial islands in the disputed Spratly Islands and setting up installations including several runways. China claims sovereignty over more than 80 percent of the waterway based on its so-called nine-dash line drawn on a 1940s map.
\nPresident Duterte has sought closer investment and trade ties with Beijing, including over resources in the South China Sea, since taking power in 2016.
\nHis predecessor sued China before an international arbitration tribunal over its territorial claims, and won. He also strengthened Philippine alliance with the US to try to check China’s expansion in the main waterway.
\nIn his speech, Mr. Duterte also said China has “traditional fishing rights” which Mr. Carpio also refuted. The magistrate said there can be no traditional fishing within the Philippines’s exclusive economic zone.
\n“This is very clear in the arbitral award of July 12, 2016,” he said. “Reed Bank is part of Philippine exclusive economic zone. There can be no traditional fishing in Reed Bank.”
\nMeanwhile, Senate President Vicente C. Sotto III said the Philippines should allow Chinese fishermen in the disputed area provided the Philippines is also allowed there.
\nA Chinese fishing vessel allegedly rammed a Filipino fishing boat near the Reed Bank and abandoned the 22 Filipino crew members in the sea after the ship sank.
\nMajority of Filipinos think that the Philippines should regain control of disputed islets occupied by China, according to a Social Weather Stations (SWS) poll in June.
\nSuch sentiment has grown steadily in the past four SWS polls in the past year, according to the report e-mailed late Wednesday.
\nThe polling company said 93 percent of Filipinos think the country should recover the islands in the disputed South China Sea, based on a June 22 to 26 poll. The proportion has risen from 89 percent in December, and 87 percent in earlier polls last year. \u2014 Vann M. Villegas and Charmaine A. Tadalan
\n", "content_text": "CHINA DOES not own and control the South China Sea, contrary to President Rodrigo R. Duterte’s claim in justifying his foreign policy stance, a Supreme Court magistrate said on Tuesday.\nSenior Associate Justice Mr. Antonio T. Carpio in a statement refuted the president’s claim, noting that China “is in possession of seven features in the Spratlys plus Scarborough Shoal,”\n“In addition, during the Duterte administration, China seized Sandy Cay from the Philippines,” the magistrate said, adding that the total area of these geologic features, including their territorial seas is less than 7% of the South China Sea.\nMr. Carpio said foreign naval powers such as the United States, United Kingdom, France, Australia, Japan, and Canada continuously sail and conduct naval drills in the South China Sea, which shows that China is not in possession of the waterway.\nMr. Duterte in his annual state of the nation address to Congress on Monday said the Philippines is not in a position to assert its rights in the disputed sea because China is in possession of it.\nHe blamed Benigno S.C. Aquino III, his predecessor, for allegedly giving way to China after a 2012 standoff in Scarborough Shoal that later allowed the regional power to occupy the shoal.\nChina has been building artificial islands in the disputed Spratly Islands and setting up installations including several runways. China claims sovereignty over more than 80 percent of the waterway based on its so-called nine-dash line drawn on a 1940s map.\nPresident Duterte has sought closer investment and trade ties with Beijing, including over resources in the South China Sea, since taking power in 2016.\nHis predecessor sued China before an international arbitration tribunal over its territorial claims, and won. He also strengthened Philippine alliance with the US to try to check China’s expansion in the main waterway.\nIn his speech, Mr. Duterte also said China has “traditional fishing rights” which Mr. Carpio also refuted. The magistrate said there can be no traditional fishing within the Philippines’s exclusive economic zone.\n“This is very clear in the arbitral award of July 12, 2016,” he said. “Reed Bank is part of Philippine exclusive economic zone. There can be no traditional fishing in Reed Bank.”\nMeanwhile, Senate President Vicente C. Sotto III said the Philippines should allow Chinese fishermen in the disputed area provided the Philippines is also allowed there.\nA Chinese fishing vessel allegedly rammed a Filipino fishing boat near the Reed Bank and abandoned the 22 Filipino crew members in the sea after the ship sank.\nMajority of Filipinos think that the Philippines should regain control of disputed islets occupied by China, according to a Social Weather Stations (SWS) poll in June.\nSuch sentiment has grown steadily in the past four SWS polls in the past year, according to the report e-mailed late Wednesday.\nThe polling company said 93 percent of Filipinos think the country should recover the islands in the disputed South China Sea, based on a June 22 to 26 poll. The proportion has risen from 89 percent in December, and 87 percent in earlier polls last year. \u2014 Vann M. Villegas and Charmaine A. Tadalan", "date_published": "2019-07-23T20:54:30+08:00", "date_modified": "2019-07-23T20:54:30+08:00", "authors": [ { "name": "大象传媒", "url": "/author/cedadiantityclea/", "avatar": "https://secure.gravatar.com/avatar/fc38d2668fdee8f1e2b22df5e72ae6f4ad265ab7814de4aa60060edd377a70ce?s=512&d=mm&r=g" } ], "author": { "name": "大象传媒", "url": "/author/cedadiantityclea/", "avatar": "https://secure.gravatar.com/avatar/fc38d2668fdee8f1e2b22df5e72ae6f4ad265ab7814de4aa60060edd377a70ce?s=512&d=mm&r=g" }, "tags": [ "Antonio T. Carpio", "Charmaine A. Tadalan", "Vann M. Villegas", "The Nation" ], "summary": "CHINA DOES not own and control the South China Sea, contrary to President Rodrigo R. Duterte’s claim in justifying his foreign policy stance, a Supreme Court magistrate said on Tuesday." } ] }