LGUs reminded: Comply with January 15 deadline to clear obstructed roads
Under DILG Memorandum Circular 2020-027, all LGUs are ordered to remove obstructions in all provincial, city, municipal and barangay roads, and national primary and secondary roads — an initiative that was temporarily suspended during the coronavirus-induced quarantine in March. .....»»
China must comply with treaty on protected areas – expert
China will be under a “very clear obligation” to comply with measures that apply in marine protected areas in the South China Sea as signatory of the landmark United Nations High Seas Treaty, according to a Japanese international law expert......»»
WADA warns of ‘consequences’ over North Korean flag at Asian Games
The World Anti-Doping Agency warned the Olympic Council of Asia of "consequences" on Friday for allowing the North Korean flag to be repeatedly flown at the Asian Games, saying they were treating it "extremely seriously". WADA declared North Korea's national anti-doping body "non-compliant" in 2021 and imposed sanctions that remain today. They include not being able to fly its flag at any regional, continental, or world sports event, excluding the Olympics and Paralympics. Despite this North Korea carried the flag at the Asian Games opening ceremony and it has been routinely hoisted in Hangzhou when their athletes won medals. OCA chief Raja Randhir Singh last week defended allowing the North Korean flag to be flown, saying the governing body of the sport in Asia had written to WADA "explaining their position". In a statement to AFP, WADA said the OCA had breached its obligations as a signatory to its anti-doping code. "WADA takes this matter extremely seriously and has written to the OCA on several occasions before and after the opening ceremony of the Games, explaining in clear terms the possible consequences that could arise for the OCA if this matter is ignored," it said. "WADA is disappointed that the OCA has to date not taken steps to comply with the terms of the DPRK's non-compliance," it added, using an acronym for North Korea. "WADA will follow due process to ensure that the appropriate consequences are imposed for the OCA's refusal to meet its signatory obligations." There are a range of punishments WADA could impose on the Kuwait-based OCA. They include having International Olympic Committee (IOC) funding withdrawn, OCA events losing their status as qualifying events for the Olympic or Paralympic Games, and the imposition of fines. OCA declined to comment when approached by AFP. 'Protecting athletes' The Montreal-based WADA sanctioned North Korea while its already tight borders were shut following the outbreak of COVID-19, which prevented international testing authorities from being able to enter. North Korea recently began slowly reopening and WADA said it had started to allow them back in to collect samples. "However, the broader political status of the country means verification and quality control activities are not straightforward," it added. "WADA will continue to work to strengthen the anti-doping system in DPRK in order to protect all athletes." Despite its years-long isolation from the global sporting arena, North Korea has produced some eye-opening results on its return, notably in weightlifting, where its competitors have smashed six world records. Several rival lifters said they were "shocked" or "surprised" at the results. No North Korean weightlifters will participate in next year's Paris Olympics because they failed to take part in mandatory qualifying events earlier this year. The International Weightlifting Federation said all athletes in the sport had been tested at least once at the Hangzhou Games. While the IWF does not hold jurisdiction over the Asian Games, it does have responsibility for verifying athlete whereabouts submissions under anti-doping rules. That rule required information to be provided for a minimum of three months before any competition. Two North Koreans failed to comply and were barred, the IWF said. The post WADA warns of ‘consequences’ over North Korean flag at Asian Games appeared first on Daily Tribune......»»
US slaps TV provider with first-ever space debris fine
US authorities said they have issued a "breakthrough" first-ever fine over space debris, slapping a $150,000 penalty on a TV company that failed to properly dispose of a satellite. On Monday the Federal Communications Commission (FCC) came down on Dish for "failure to properly deorbit" a satellite called EchoStar-7, in orbit since 2002. "This marks a first in space debris enforcement by the Commission, which has stepped up its satellite policy efforts," the FCC, which authorizes space-based telecom services, said in a statement. As the geostationary satellite came to the end of its operational life, Dish had moved it to an altitude lower than the two parties had agreed on, where it "could pose orbital debris concerns," the FCC said. The commission said Dish, a US satellite television provider, pledged in 2012 to elevate the satellite to 300 kilometers (190 miles) above its operational arc. But with fuel running low, it retired the satellite at an altitude just over 120 kilometers above the original arc. "As satellite operations become more prevalent and the space economy accelerates, we must be certain that operators comply with their commitments," said FCC enforcement bureau chief Loyaan Egal. "This is a breakthrough settlement, making very clear the FCC has strong enforcement authority and capability to enforce its vitally important space debris rules." The FCC said the settlement "includes an admission of liability from the company and an agreement to adhere to a compliance plan and pay a penalty of $150,000." In a statement Tuesday, Dish appeared to counter the FCC over disposal requirements, and argued that the commission's enforcement arm made "no specific findings that EchoStar-7 poses any orbital debris safety concerns." "As the Enforcement Bureau recognizes in the settlement, the EchoStar-7 satellite was an older spacecraft that had been explicitly exempted from the FCC's rule requiring a minimum disposal orbit," a Dish spokesperson said in a statement. "DISH has a long track record of safely flying a large satellite fleet and takes seriously its responsibilities as an FCC licensee." Collision risks The US aviation regulator, FAA, recently announced its intention to reduce space debris by requiring private companies to dispose of the upper stages of rocket launch vehicles by, for example, returning them to the Earth's atmosphere or moving them to a less congested "graveyard orbit." The new regulation, which has yet to be definitively adopted, already exists for government space missions. "If left unchecked, the accumulation of orbital debris will increase the risk of collisions and clutter orbits used for human spaceflight and for satellites," the Federal Aviation Administration said. The European Space Agency estimates that around one million pieces of debris larger than a centimeter -- big enough to "disable a spacecraft" -- are in Earth's orbit. They are already causing problems, from a near-miss in January last year involving a Chinese satellite, to a five-millimetre hole knocked into a robotic arm on the International Space Station in 2021. With satellites now crucial for GPS, broadband and banking data, collisions pose significant risks on Earth. The post US slaps TV provider with first-ever space debris fine appeared first on Daily Tribune......»»
PhilHealth blames cyberattack on outdated software
The outdated system protection software of the Philippine Health Insurance Corporation, or PhilHealth, may have opened the gateway to the Medusa ransomware group that hacked its system, a ranking official said Monday. PhilHealth EVP and COO Eli Dino Santos bared this in a press briefing over a week after the state-run health insurer announced that its online system had been attacked by a computer hacking group called Medusa. According to Santos, before the incident, PhilHealth had its antivirus software that could address cyber threats. It was, however, not updated due to what he described as “procurement issues.” “The answer is yes, we have an anti-virus [software] in general, but it was not updated. Probably that’s where the hackers came in. Probably through that weakness,” he said. “But at that time there were procurement issues. For me, the reason was the strict compliance with procurement rules and regulations,” he added. Santos explained that the state-run health insurer was about to renew its subscription with its current third-party software provider, but the Government Procurement Policy Board approved the inclusion of online subscriptions under negotiated procurement-direct retail purchases. “We were affected by the recent issuance of the GPBB because we were set to renew our subscription licenses for an antivirus for another year,” he said. “That is why we were not able to update the system. Just to be clear about it, there is still an antivirus system. It is just that it was not updated due to the procurement system,” he added. PhilHealth announced on 22 September the shutdown of its website, as well as its PhilHealth membership portal, to contain an “information security incident.” In the following days, the Medusa ransomware group demanded $300,000 or around P17,000,000 from PhilHealth in exchange for access to its own system. The group had given the health insurer 10 days to comply, or it said it would leak the personal information of PhilHealth members. Today is the last day for PhilHealth to give in to the hackers’ demand. The post PhilHealth blames cyberattack on outdated software appeared first on Daily Tribune......»»
Aboitiz Group bags triple Golden Arrow Awards
With a distinguished legacy spanning five generations, the Aboitiz Group remains steadfast in its commitment to fostering positive change in shaping the future as it adheres to the standards and requirements outlined in the ASEAN Corporate Governance Scorecard. This year, following the 2022 compliance period of the ACGS, Aboitiz Equity Ventures Inc. received a 4-arrow recognition after scoring 111.68 points, AEV’s highest ACGS score since the Institute of Corporate Directors inaugurated the Golden Arrow Awards in 2018. Aboitiz Power Corporation and Union Bank of the Philippines both received a 3-arrow recognition for scoring between 100 and 109 points. Consistent top performers It’s also important to note that AEV and AboitizPower have consistently been recognized as top performers in corporate governance, both here in the country and in the ASEAN region since 2013-2017 at the PSE Bell Awards. “This distinction is the result of the Aboitiz Group’s work to transform a legacy business into a hyper-innovative, diversified conglomerate that puts corporate governance and citizenship at the core of its operations. We have always believed that transparency and accountability are essential in building trust amongst our stakeholders and forging strong partnerships in order to drive change,” said Ginggay Hontiveros-Malvar, Aboitiz Group’s chief reputation and sustainability officer. AEV, the portfolio management company of the Aboitiz Group, leads investments in diverse sectors including power, banking and financial services, food, infrastructure, land, and cutting-edge fields such as data science and artificial intelligence. The Group is presently undergoing a profound transformation to establish itself as the Philippines' first "techglomerate." This innovative growth strategy, fueled by technology and a renewed entrepreneurial mindset, empowers Aboitiz to drive transformative change, shaping the future of its businesses, host communities, and the nation. The Golden Arrow Recognition serves as a testament to Aboitiz Group's unwavering commitment to upholding the highest standards of corporate governance. Aboitiz has excelled in several key areas such as compliance, sustainability, and innovation — positioning it as a frontrunner in the realm of corporate governance. This honor reflects the Group's ongoing commitment to creating value for its shareholders, stakeholders, and the broader Filipino community. Robust policies Aboitiz Group’s robust policies and procedures across every level of the organization form the bedrock of its commitment to excellence in corporate governance. Furthermore, the company's board of directors is characterized by its independence and diversity, playing a pivotal role in providing oversight and making strategic decisions aligned with the best interests of shareholders and stakeholders. Aboitiz places great emphasis on transparency, providing clear and comprehensive information regarding its financial performance, operations, and decision-making processes to ensure that shareholders and the public remain well-informed. In terms of regulatory compliance, Aboitiz is dedicated to adhering to all relevant laws, regulations, and standards related to corporate governance. The company continuously updates its policies to ensure alignment with evolving requirements. When it comes to ethical business practices, the Group's commitment to ethical conduct and integrity remains unwavering. “This award reaffirms the team’s adherence to the shared responsibility of sustainably managing the organization. This further motivates us to champion the highest corporate governance and ethical standards as we continue to grow the business,” said AboitizPower president and chief executive officer Emmanuel Rubio. “Likewise, we also exert as much effort and diligence in upholding environmental preservation and the societal good within the areas we have the privilege to serve,” he said. Corporate governance For his part, UnionBank lead independent director Roberto Manabat said, “We humbly accept this recognition as a reinforcement of the principles that guide the Bank. Our corporate governance practices reinforce the requirements of a constantly evolving business landscape. We ensure that they comply with new regulations and are ready to adopt best practices.” Aboitiz is deeply committed to sustainability and corporate social responsibility initiatives. The post Aboitiz Group bags triple Golden Arrow Awards appeared first on Daily Tribune......»»
Aboitiz Group bags triple Golden Arrow Awards
With a distinguished legacy spanning five generations, the Aboitiz Group remains steadfast in its commitment to fostering positive change in shaping the future as it adheres to the standards and requirements outlined in the ASEAN Corporate Governance Scorecard. This year, following the 2022 compliance period of the ACGS, Aboitiz Equity Ventures, Inc. received a 4-arrow recognition after scoring 111.68 points, AEV’s highest ACGS score since the Institute of Corporate Directors inaugurated the Golden Arrow Awards in 2018. Aboitiz Power Corporation and Union Bank of the Philippines both received a 3-arrow recognition for scoring between 100 and 109 points. AEV and AboitizPower have consistently been recognized as top performers in corporate governance, both here in the country and in the ASEAN region since 2013-2017 at the PSE Bell Awards. “This distinction is the result of the Aboitiz Group’s work to transform a legacy business into a hyper-innovative, diversified conglomerate that puts corporate governance and citizenship at the core of its operations. We have always believed that transparency and accountability are essential in building trust amongst our stakeholders and forging strong partnerships in order to drive change,” said Ginggay Hontiveros-Malvar, Aboitiz Group’s chief reputation and sustainability officer. AEV, the portfolio management company of the Aboitiz Group, leads investments in diverse sectors including power, banking and financial services, food, infrastructure, land and cutting-edge fields such as data science and artificial intelligence. The Group is presently undergoing a profound transformation to establish itself as the Philippines' first "techglomerate." This innovative growth strategy, fueled by technology and a renewed entrepreneurial mindset, empowers Aboitiz to drive transformative change, shaping the future of its businesses, host communities and the nation. The Golden Arrow Recognition serves as a testament to Aboitiz Group's unwavering commitment to upholding the highest standards of corporate governance. Aboitiz has excelled in several key areas such as compliance, sustainability, and innovation – positioning it as a frontrunner in the realm of corporate governance. This honor reflects the Group's ongoing commitment to creating value for its shareholders, stakeholders, and the broader Filipino community. Aboitiz Group’s robust policies and procedures across every level of the organization form the bedrock of its commitment to excellence in corporate governance. Furthermore, the company's board of directors is characterized by its independence and diversity, playing a pivotal role in providing oversight and making strategic decisions aligned with the best interests of shareholders and stakeholders. Aboitiz places great emphasis on transparency, providing clear and comprehensive information regarding its financial performance, operations, and decision-making processes to ensure that shareholders and the public remain well-informed. In terms of regulatory compliance, Aboitiz is dedicated to adhering to all relevant laws, regulations, and standards related to corporate governance. The company continuously updates its policies to ensure alignment with evolving requirements. When it comes to ethical business practices, the Group's commitment to ethical conduct and integrity remains unwavering. The company adheres to a stringent code of conduct that guides the behavior of its employees, fostering an environment of trust and integrity. “This award reaffirms the team’s adherence to the shared responsibility of sustainably managing the organization. This further motivates us to champion the highest corporate governance and ethical standards as we continue to grow the business,” said AboitizPower president and chief executive officer Emmanuel Rubio. “Likewise, we also exert as much effort and diligence in upholding environmental preservation and the societal good within the areas we have the privilege to serve.” “We humbly accept this recognition as a reinforcement of the principles that guide the Bank. Our corporate governance practices reinforce the requirements of a constantly evolving business landscape. We ensure that they comply with new regulations and are ready to adopt best practices,” said UnionBank lead independent director Roberto Manabat. Aboitiz is deeply committed to sustainability and corporate social responsibility initiatives. The company actively pursues environmental and social responsibility, demonstrating its dedication to creating a positive impact on society and the environment. The post Aboitiz Group bags triple Golden Arrow Awards appeared first on Daily Tribune......»»
Indonesia bans goods transactions on social media platforms
Indonesia has banned goods transactions on social media platforms in a new regulation, its trade minister said Wednesday, as Jakarta aims to rein in direct sales on major platforms it says are harming millions of small businesses. Calls had grown in recent months for a regulation governing social media and e-commerce, with offline sellers seeing their livelihoods threatened by the sale of cheaper products on TikTok Shop and other platforms. Indonesia is one of the world's biggest markets for TikTok Shop and was the first to pilot the app's e-commerce arm. "Now, e-commerce cannot become social media. It is separated," Trade Minister Zulkifli Hasan told a news conference in the capital, Jakarta, adding that the trade regulation came into force on Tuesday. Hasan said social commerce platforms would have a week to comply with the new rule. "Any government would protect local small businesses," he said, describing the regulation as a way to ensure "equality in business competition". The regulation means social commerce companies are now "prohibited to facilitate payment transactions in its electronic system", according to the regulation document seen by AFP. "Social commerce can place ads like TV, but it mustn't be transactional. (They) can't open shop, can't directly sell," Hasan said, without mentioning TikTok by name. Companies that did not comply would be warned first and would finally have their license to do business in Indonesia revoked, he said. Laws in the archipelago nation did not cover direct transactions through social media platforms such as TikTok, Facebook or Instagram before the new regulation. The new regulation is yet another setback for TikTok, which has faced intense scrutiny in the United States and other nations in recent months over users' data security and the company's alleged ties to Beijing. "Other countries are banning, we don't, we're regulating," Hasan said. Indonesia is now the first country in the region to act against the platform's growing popularity in social media commerce. The ministerial-level regulation -- an amendment to a trade regulation issued in 2020 -- did not need approval by lawmakers. TikTok Indonesia said the company was "deeply concerned" about the policy, which would impact millions of sellers and creators using TikTok Shop. "We respect local laws and regulations and will be pursuing a constructive path forward," it said in a statement. Meta -- which owns Facebook and Instagram -- did not respond to a request for comment. 'Markets are quiet' Hasan appeared to confirm the companies would have to choose between separate social media and e-commerce licences. "It's clear... there are no permits for social commerce. If (they) want social commerce, please, only for promotion and ads. If (they) want to sell, there are e-commerce (permits)." The regulation also sets a minimum price of $100 for certain foreign goods bought from Indonesian sellers on e-commerce platforms, according to the regulation document seen by AFP. Some offline sellers at the Tanah Abang market in Jakarta applauded the government's decision. "The government should... dare to innovate given the current situation, where markets are quiet like this," said Stevanie Ahua, a 60-year-old wholesale denim jeans seller. She said her revenue had dropped by 60 percent in recent months as buyers turned to online shops. Others such as 29-year-old cookie baker Panji Made Agung in Bali said he was disappointed by the ban. "For sellers like me, TikTok can be used for soft selling. We can become influencers and sellers at the same time," he said. Experts said the transaction ban would hit the coffers of social media platforms such as TikTok, which takes a commission from every sale. "They will definitely incur losses," said Tauhid Ahmad, executive director of the Jakarta-based Institute for Development of Economics and Finance. Indonesia's e-commerce market is dominated by platforms such as Tokopedia, Shopee and Lazada but TikTok Shop gained a significant market share since launching in 2021. Indonesia, with 125 million users, is TikTok's second-largest global market after the United States, according to company figures. TikTok's chief executive Shou Zi Chew visited Jakarta in June, pledging to pour billions of dollars into Southeast Asia in the years ahead. The post Indonesia bans goods transactions on social media platforms appeared first on Daily Tribune......»»
French diplomats, troops leaving Niger
France’s diplomats in Niger are returning home soon while 1,500 French troops are pulling out before the year ends. French President Emmanuel Macron announced the withdrawal of the ambassador and other diplomats from Niger in an interview with a French television on Sunday. Macron also said the military cooperation with the African country is over. Niger’s military leaders, which ousted the pro-Paris president two months ago, welcomed the announcement. “This Sunday, we celebrate a new step towards the sovereignty of Niger,” military rulers who overthrew President Mohamed Bazoum on 26 July said in a statement. In August, the junta had told French ambassador Sylvain Itte to leave the country in 48 hours after they overthrew Bazoum. The French government refused to comply, or to recognize the military regime as legitimate. Earlier this month, Macron said the ambassador and his staff were “literally being held hostage” in the mission, eating military rations with no food deliveries. He regularly speaks by phone to Bazoum, who remains under house arrest in the presidential residence. Meanwhile, the junta had banned “French aircraft” from flying over the country’s airspace and it was not clear how the French diplomats will fly out of Niger. The French president has repeatedly spoken of making a historic change to France’s post-colonial imprint in Africa but analysts say Paris is losing influence across the continent especially in the face of a growing Chinese, Turkish and Russian presence. The Economic Community of West African States threatened military action to restore Bazoum but so far its threats, which were strongly supported by France, have not transferred into action. WITH AFP The post French diplomats, troops leaving Niger appeared first on Daily Tribune......»»
France to withdraw ambassador, troops from Niger after coup
President Emmanuel Macron on Sunday announced that France would withdraw its ambassador from Niger, followed by the French military contingent in the coming months, a move welcomed by Niger's military leaders as a "step towards sovereignty". Macron's announcement comes two months after a coup in the West African country that ousted the pro-Paris president. "France has decided to withdraw its ambassador. In the next hours our ambassador and several diplomats will return to France," Macron told French television in an interview, without giving details about how this would be organized. Macron added that military cooperation was "over" and French troops would withdraw in "the months and weeks to come" with a full pullout "by the end of the year". Niger's military rulers responded swiftly in a statement read out on national television, "This Sunday, we celebrate a new step towards the sovereignty of Niger," said the statement from the military rulers, who seized power by overthrowing President Mohamed Bazoum on July 26. "This is a historic moment, which speaks to the determination and will of the Nigerien people," the Niger statement added. Ban on French aircraft Earlier Sunday the Agency for the Safety of Air Navigation in Africa and Madagascar (ASECNA) said on its website that the military rulers had banned "French aircraft" from flying over the country's airspace. It was not clear if this would affect the ambassador being flown out. In his comments, Macron said, "In the weeks and months to come, we will consult with the putschists, because we want this to be done peacefully," he added. France keeps about 1,500 soldiers in Niger as part of an anti-jihadist deployment in the Sahel region. Macron said the post-coup authorities "no longer wanted to fight against terrorism". Niger's military leaders had told French ambassador Sylvain Itte to leave the country after they overthrew Bazoum in July. But a 48-hour ultimatum for him to leave, issued in August, passed with him still in place as the French government refused to comply, or to recognize the military regime as legitimate. Earlier this month, Macron said the ambassador and his staff were "literally being held hostage" in the mission eating military rations with no food deliveries taking place. In Sunday's interview, Macron in the interview reaffirmed France's position that Bazoum was being held "hostage" and remained the "sole legitimate authority" in the country. "He was targeted by this coup d'etat because he was carrying out courageous reforms and because there was a largely ethnic settling of scores and a lot of political cowardice," he argued. 'Very worried about region' The coup against Bazoum was the third such putsch in the region in as many years, following similar actions in Mali and Burkina Faso in 2021 and 2022 that also forced the pullouts of French troops. But the Niger coup is particularly bruising for Macron after he sought to make a special ally of Niamey and a hub for France's presence in the region following the Mali coup. The US also has over 1,000 troops in the country. Macron regularly speaks by phone to Bazoum who remains under house arrest in the presidential residence. The French president has repeatedly spoken of making a historic change to France's post-colonial imprint in Africa but analysts say Paris is losing influence across the continent, especially in the face of a growing Chinese, Turkish, and Russian presence. The Economic Community of West African States (ECOWAS) threatened military action to restore Bazoum but so far its threats, which were strongly supported by France, have not transferred into action. "We are not here to be hostages of the putschists," said Macron. "The putschists are the allies of disorder," he added. Macron said that jihadist attacks were causing "dozens of deaths every day in Mali" after its coup and that now such assaults had resumed in Niger. "I am very worried about this region," he said. "France, sometimes alone, has taken all its responsibilities and I am proud of our military. But we are not responsible for the political life of these countries and we draw all the consequences." The post France to withdraw ambassador, troops from Niger after coup appeared first on Daily Tribune......»»
UNCLOS gives substance
Discerning where the Philippines and China stand in the simmering territorial conflict requires returning to the arbitral ruling. China has been dwelling on the false narrative that since it did not participate in the proceedings of the Permanent Court of Arbitration, or PCA, it can disregard its ruling. The argument, thus, continues that since it was not a party to the process, then it is not bound to comply with the award, particularly since it had stated, being a signatory to the United Nations Convention on the Law of the Sea, that it would not subscribe to third-party arbitration. Annex VII of UNCLOS, however, provides that the “absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings.” That portion of the Charter of the Oceans also provides that if a party does not participate in the proceedings, a tribunal “must satisfy itself not only that it has jurisdiction over the dispute but also that the claim is well founded in fact and law.” The PCA said in its award that throughout the proceedings, the Tribunal had taken steps to test the accuracy of the Philippines’ claim, including by requesting further written submissions from the Philippines and questioning the Philippines both before and during two hearings. UNCLOS also appointed independent experts to report to the Tribunal on technical matters, obtain historical evidence concerning features in the South China Sea, and provide this to the parties for comment. According to PCA, China also made it clear through the publication of a position paper in December 2014 and other official statements that, in its view, the tribunal lacked jurisdiction in the dispute. Article 288 of the Convention, however, states, “In the event of a dispute as to whether a court or tribunal has jurisdiction, the matter shall be settled by decision of that court or tribunal.” The PCA convened a hearing on jurisdiction and admissibility in July 2015 and rendered an award on 29 October 2015, deciding on some jurisdiction issues and deferring others for further consideration. The PCA inquired on the issue of jurisdiction and found it had the authority to adjudicate. The PCA argued the award was final and binding based on Article 296 of the Convention and Article 11 of Annex VII. Regarding China’s claim of historic rights and the “nine-dash line,” the tribunal found it had jurisdiction, and it concluded that to the extent China had historic rights to resources in the waters of the South China Sea, such rights were extinguished. The historic rights were invalidated since these were incompatible with the exclusive economic zones provided for in UNCLOS. The Tribunal also noted that, although Chinese navigators and fishermen, as well as those of other States, had historically used the South China Sea islands, there was no evidence that China had historically exercised exclusive control over the waters or their resources. “The Tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the ‘nine-dash line,’” it added. The violation of rights was not on the part of the Philippines, as China had claimed consistently, but the other way around. Finding certain areas being within the exclusive economic zone of the Philippines, the Tribunal found that China had “violated the Philippines’ sovereign rights in its exclusive economic zone by interfering with Philippine fishing and petroleum exploration, constructing artificial islands and failing to prevent Chinese fishermen from fishing in the zone.” The Tribunal held that Filipino fishermen (like those from China) had traditional fishing rights at Scarborough Shoal and that China had interfered with these rights by restricting access. The Tribunal further held that Chinese law enforcement vessels had created a serious risk of collision when they physically obstructed Philippine vessels. Based on UNCLOS, which China insisted on adhering to, its historic claims had no basis, regardless of its refusal to honor the PCA decision. It is thus bound to follow what is provided in the International Convention, which is all there is to it in the maritime rift. The post UNCLOS gives substance appeared first on Daily Tribune......»»
Is prior demand necessary?
Time and again, I have emphasized the importance of strict adherence to procedural rules. Again, no matter how meritorious your case is, if you do not follow procedure, it can be dismissed on a mere technicality. That will be a crushing defeat; a knockout punch in the very first round. Your time, resources, and effort, all go down the drain. All for nothing. Specifically, I talk about sending a demand to your obstinate lessee before filing an ejectment suit. Section 2, Rule 70 of the Rules of Court expressly mandates that the ejectment suit “shall be commenced only after demand to pay or comply with the conditions of the lease and to vacate is made upon the lessees, or by serving written notice of such demand upon the person found on the premises, or by posting such notice on the premises of no person be found thereon, and the lessee fails to comply therewith after 15 days in the case of land or five days in the case of buildings.” Failure to comply, even if the lessor has all the right to dispossess the lessee, will result in the dismissal. Such is what happened in Velia J. Cruz v. Spouses Maximo and Susan Christensen (G.R. 205539 promulgated 4 October 2017). Petitioner Velia Cruz inherited property from her mother. Respondent Spouses Maximo and Susan Christensen already leased said property from her mother during her lifetime. Ms. Cruz, upon her mother’s passing, thus became the spouses’ lessor. In time, lessees failed repeatedly to pay rent. Thus, Ms. Cruz was constrained to demand that the lessees vacate the property and pay all unpaid rentals. The parties met at the barangay for conciliation. No settlement was inked. Three years later, Ms. Cruz finally sent a demand letter to vacate the property and pay the rental arrears. There being a refusal still by the lessees, Ms. Cruz was constrained to file an ejectment suit. At the trial court, Ms. Christensen admitted the lease but made an issue out of the demand letter. She denied having received it and claimed she did not know whose signature appeared on the letter, allegedly receiving it on her behalf. The court, on account of this ground, dismissed the case. It opined that since it was not established who received the demand letter, it could not be said that the lessee received it. Thus, a failure to comply with the demand requirement. Upon dismissal, Ms. Cruz wasted no time appealing to the next level of court. The Regional Trial Court on appeal, gave her the nod. It gave due course to her appeal and required the lessee to vacate the premises and pay the unpaid rentals. Respondent spouses’ turn to go up. The Court of Appeals reversed the Regional Trial Court and reinstated the dismissal by the trial court. Thus, Ms. Cruz had no other recourse but to go up to the final bulwark of justice. Among the issues raised was the sufficiency of the demand; or if such is necessary in the first place. In ruling in favor of petitioner Cruz, the Supreme Court declared, “[T]he property in this case is owned by petitioner. Respondents had a month-to-month lease with the petitioner’s predecessor-in-interest. Petitioner contends that no prior demand was necessary in this case since her Complaint was premised on the expiration of respondent’s lease, not on the failure to pay rent due or to comply with the conditions of the lease. “The jurisdictional requirement of prior demand is unnecessary if the action is premised on the termination of the lease due to expiration of the terms of the contract. The complaint must be brought on the allegation that the lease has expired and the lessor demanded the lessee to vacate, not on the allegation that the lessee failed to pay rents. The cause of action which would give rise to an ejectment case would be the expiration of the lease. Thus, the requirement under Rule 70, Section 2 of a prior ‘demand to pay or comply with the conditions of the lease and to vacate’ would be unnecessary. xxx xxx “However, the respondents’ Answer to the Complaint is telling. Respondents admit that they only had a month-to-month lease since 1969. They contend that they had been continuously paying their monthly rent until sometime in 2002 when the petitioner refused to receive it. Thus, as early as 2002, the petitioner, as the lessor, already refused to renew respondents’ month-to-month verbal lease. Therefore, the respondent’s lease had already long expired before the petitioner sent her demand letters. “Respondents cannot feign ignorance of petitioner’s demand to vacate since the matter was brought to barangay conciliation proceedings in 2005. The barangay certification issued on 11 August 2005, shows that no compromise was reached between the parties.” “Therefore, the respondents’ insistence on the non-receipt of the demand letter is misplaced. Their verbal lease over the property had already expired sometime in 2002. xxx xxx The demand letter would have been unnecessary since respondents’ continued refusal to vacate despite the expiration of their verbal lease was sufficient ground to bring the action.” Clear as day. Another good distinction learned. If the ground is the expiration of the lease, no demand is needed. In case you as a landlord, are in a like situation, you know that no demand before the institution will not be a fatal infirmity. Sources: Section 2, Rule 70, Rules of Court Velia J. Cruz v. Spouses Maximo and Susan Christensen as cited above The post Is prior demand necessary? appeared first on Daily Tribune......»»
University of Makati president: School still owned by Makati
The LGU-run University of Makati is not directly affected by the recent Supreme Court decision on the territorial dispute between the cities of Makati and Taguig as regards the operations of the school, a top official of the school said on Thursday. "We're not really affected directly. Of course, we have to comply with the Supreme Court decision because now, we have to accept the fact that we are now under the jurisdiction of Taguig City," UMak president Elyxzur C. Ramos told Daily Tribune in an interview. "It's business as usual at UMak but, of course, because we are now under the jurisdiction of Taguig, we have to get the necessary clearances and permits from them," Ramos added. Ramos also made it clear that the university is still owned by the city government of Makati and Taguig City has "no control" on how they operate the school as far as ownership is concerned. "The city respects the Supreme Court decision and we fully understand that the affected barangays are now part of the jurisdiction of Taguig City. But, as I always emphasize, jurisdiction is so different from ownership," Ramos stressed. "Its address now is JP Rizal Extension, West Rembo, Taguig City. It's still being run by the city government of Makati City because the land title where University of Makati stands is under the name of the city government of Makati," he said. The SC ruling doesn't states that Taguig is the owner of the land where the university stands, but is just a part of its territory, added Ramos. He gave the assurance that the university will continue to deliver the same kind of quality service to all its students. "But because of this decision of the Supreme Court, the school now is in a unique situation because it turns out that most of our students now are non-Makati residents. Most of our students are residents of the affected barangays," Ramos said. "For now, we are still accepting them. We are still providing them the scholarships for this academic year but they are now categorized as non-Makati residents," he added. According to him, 60 percent or about 6,000 of the students from UMak are from the affected barangays now under the jurisdiction of Taguig City. The post University of Makati president: School still owned by Makati appeared first on Daily Tribune......»»
Gods in robes
When President Ferdinand “Bongbong” Marcos Jr. warned that the Court of Appeals’ ruling restraining the Energy Regulatory Commission from compelling units of conglomerate San Miguel Corp. to comply with their contracts will hurt consumers through higher prices, he was correct. The CA stopping the power supply agreements or PSAs through a temporary restraining order which was recently upgraded to a permanent injunction, is expected to trigger a chain reaction in the power industry. “(The court action) will cause further dislocations and possible price increases for power,” the President had said. Marcos added his hope that the “CA reconsider and include in their deliberations the extremely deleterious effect this will have on power prices for ordinary Filipinos.” With the CA injunction as a precedent, other power producers are expected to seek the same court accommodation on adverse decisions on price increases handed down by the ERC. When the SMC energy units participated in the bid for Meralco contracts, the terms and conditions presented to them were very clear. As part of a huge business concern, they knew the commercial risks that came with the contracts, and their bids were supposed to reflect such risks. The strange thing is that other power companies that had the good sense either dropped out of the competitive selection process or submitted prices that were more grounded on reality and made do with a straight pricing scheme. SMC gamed the system by submitting a very low bid to win the PSAs and later arm-twisted the ERC to allow an adjustment in the terms of its contracts. After the ERC refused to go along and rejected the petitions, SMC went straight to the CA which promptly issued a TRO that stopped ERC from implementing its ruling. The ERC decision compelled SMC to fulfill the terms of its contract which still had seven years to run. Consumers thus will have to pay for the cost of the relief the CA granted to SMC through higher monthly electricity bills since the recovery of its claimed losses will be through increased prices. The CA’s decision last week overturned the pro-consumer ruling of the ERC, which was the aspiration of the Electric Power Industry Reform Act or EPIRA. SMC, in effect, was able to pass on the financial penalties of bad business decisions to innocent Filipino consumers—especially when they are struggling because of rising inflation. Worse, the CA decision said the permanent injunction applied without prejudice to future rate adjustments of SMC units South Premiere Power Corp. and San Miguel Energy Corp., making the restraint on ERC indefinite when it came to the two SMC affiliates. The global outlook is that fuel prices will remain elevated for quite some time. In this case, SMC and other independent power producers can keep running to the ERC for tariff relief every time they incur significant losses. The court is then the next step, as a result of their injunction power, to stop ERC from disallowing their petitions. Instead of relying on their business acumen to head off losses because of unfavorable global turns, the generating companies place their bets on a court injunction. It did not matter that the injunction undermined the sanctity of contracts, the integrity of the bidding process, and the credibility of SMC’s other supply contracts, the status of which significantly impact consumer welfare. The issue goes far beyond the profit and loss statement of SMC since it has ethical, legal, and consumer welfare concerns tied to it and which the CA should have considered. The court injunction sent the message that power producers can unilaterally end a supply agreement when it no longer suits their business interests. The post Gods in robes appeared first on Daily Tribune......»»
PEMC gets teeth vs WESM breach
The Supreme Court affirmed a Court of Appeals ruling declaring valid the memorandum of agreement between the Energy Regulatory Commission and the Philippine Electricity Market Corporation to probe irregularities at the Wholesale Electricity Spot Market or WESM. Associate Justice Marvic Leonen in a 12-page decision, said the Court’s Second Division denied the petition filed by the Power Sector Assets and Liabilities Management Corp. or PSALM seeking the nullification of the said agreement as well as its accompanying protocol. The ruling affirmed the 2009 CA findings which held that the PEMC has the power to investigate possible breaches of the rules governing WESM. The appellate court also held that the ERC did not unduly delegate its powers in the assailed memorandum and protocol with PEMC. It noted that under the rules and regulations of the Electric Power Industry Reform Act or EPIRA, the Department of Energy with the industry players, were mandated to formulate rules for WESM. Citing the rules promulgated for WESM, the CA found out that PEMC’s investigative powers came from its designation under EPIRA as the autonomous group tasked to implement the electricity spot market and formulate rules. Also, it noted that this was made clear in the assailed protocol, which delineates the actions that the ERC and the PEMC may take. “With the statutory basis for respondent Philippine Electricity Market Corporation’s power to investigate and sanction breaches of the Rules outlined and considering that petitioner failed to show how these acts encroach on the exclusive and original jurisdiction of respondent Energy Regulatory Commission, we deny the Petition,” the SC declared. In affirming the CA decision, the SC, pointed out that the power to investigate violations of the spot market ules is concurrently exercised by the ERC and EPMC. Basis is EPIRA It also explained that EPIRA provides for the establishment of spot market, whose rules are to be formulated by the DOE jointly with industry participants. The spot market would also be implemented by a group to be constituted by the DoE with representation from industry players. “Thus, EPIRA empowered the Department of Energy, together with the industry participants, to develop the governance structure of the Wholesale Electricity Spot Market. This structure, as laid down in the Rules, empowered the Philippine Electricity Market Corporation to investigate breaches of the Rules and act accordingly to ensure the members comply with them,” the SC noted. “The Philippine Electricity Market Corporation is likewise vested with the power to resolve disputes between market participants and the market operator and provide adequate sanctions in case of breaches of the Rules,” it added. The case stemmed from the request of PEMC to then Energy Secretary Angelo Reyes to approve the conduct of a formal investigation by its Enforcement and Compliance Office against petitioner for possible breach of WESM rules with respect to six power generating plants whose electricity output is being traded in WESM. PSALM argued that the agreement signed on 31 January 2008 and its protocol constituted undue delegation of authority by the ERC of its exclusive powers under EPIRA to enforce the rules and regulations of the electricity spot market, investigate and act against any participant or player in the industry for violation of any law, rule or regulation governing the same, including rules on cross-ownerships, anti-competitive behavior, abuse of market, positions and other similar acts. It further contended that the procedure adopted for investigation of breaches of the WESM rules under the protocol is violative of due process. But the ERC posed no objection to PEMC’s conduct of investigation. The post PEMC gets teeth vs WESM breach appeared first on Daily Tribune......»»
Making Phl top innovation, creative hub
In this fast-evolving globalized world, we have learned that those who fail to adapt to new rules and laws will always fall behind. However, rewards await those who can nimbly pivot to the new demands. The Intellectual Property Office of the Philippines or IPOPHL is very fortunate to have passionate allies in the House and the Senate. They understand that even domestic intellectual property or IP rules have to dance cheek-to-cheek with global changes if we want to keep the Philippines from falling behind. They understand that creating a competitive Philippines requires adequate protection for IP rights which help oil the wheels of technological and economic growth everywhere. This week, IPOPHL briefed the staffs of Senator Imee Marcos, Senator Loren Legarda, Rep. Marvey Marino, Rep. Joey Salceda, and the House Committee on Trade and Investments, all of whom we appreciate highly for taking the time to listen to the pressing needs of our creators, innovators and IP rights holders. Our conversations were filled with insightful exchanges on the future of the knowledge economy, affirming that we share the same vision of an IP system that fosters inclusive economic and social development. In our meeting, we provided the honorable lawmakers with an overview of the 10 main provisions we propose to make the new IP Code more responsive to technological and relevant global developments. Key proposals These 10 key amendments we are pushing for are the following: Impose steeper penalties on infringers — and steeper even where IP infringement threatens health and life, such as when counterfeit drugs and food are involved; Give IPOPHL power to issue orders to block pirated sites and take down IP-infringing posts and platforms; Adopt a solidary liability in trademark infringement where online platforms and service providers, as well as landlords in the case of brick-and-mortar stores, are held accountable for their client-sellers’ IP infringing acts; Allow provisional patent applications which will give filed technologies protection on the date of filing; Introduce a parallel protection system, through which inventors can simultaneously register for a patent grant and utility model or UM protection for the same technology. Such would allow inventors to attempt a patent grant while already commercializing their works as UM applications can be approved in months compared to patent applications which could take years; Provide clear-cut rules on orphan works, which are copyrighted works whose rights holders are difficult to determine or contact; Protect sound marks and certification marks to provide brands with more tools to gain better recall; Recognize extended collective licensing, through which collective management organizations or CMOs can provide licensing solutions to non-members, enabling greater access to CMOs’ cost-efficient, one-stop-shop licensing solutions; Remove the P200,000 damage claim threshold. At present, cases with claims below this amount, usually by MSMEs, cannot be filed as an administrative case; and Institutionalize the interagency National Committee on IP Rights, the IP Rights Enforcement Office, and the IP Academy to funnel to them proper funding and other means of support. Combined, these 10 key amendments will apply global best practices for protecting Filipino inventions; provide an enabling environment for the Philippine creative industry; create more measures to deter counterfeiting and piracy; and make solutions to IP rights protection more accessible to both small and big businesses alike. The proposed protection of sound marks in particular will allow the country to comply with its trade obligation under the Regional Comprehensive Economic Partnership or RCEP Agreement. Building a new IP system sends the world the message that we are building a Philippines that is safe and reliable for all creators, innovators, and entrepreneurs. Once we turn the page over with this better Philippine IP environment, our kababayans can expect IP creation to set out at an unprecedented pace and make impacts we’d never seen before. The post Making Phl top innovation, creative hub appeared first on Daily Tribune......»»
Good audit, good barangay governance
A local government public administration practitioner and a college professor are one in saying that a good audit could lead to good barangay governance. They said the country needs developmental auditors who could promote the general welfare of the public, especially at the grassroots level. A good auditor conducts financial audits and not fraud audits in the agency where he or she is assigned as a resident auditor. A financial audit is constructive, developmental and progressive. A fraud audit is negative in perspective. The financial audit enables. The fraud audit disables. Last week, I came across an audit report on the accounts and financial operations of a barangay in a city of Metro Manila. The audit report was prepared and submitted by a financial auditor with excellent expertise in both communication and local state audits. The audit found, among other things, deficiencies such as a violation of procurement law for resorting to a personal canvass instead of a public bidding; failure to plan and manage effectively the financial resources, as shown by the unreconciled discrepancy in bank reconciliation statements; non-registration with PhilGEPS despite a substantial procurement of goods; non-coordination with the office auditor when there were deliveries of procured items; non-implementation of laws, rules, and regulations governing cash advances; and failure to revert to the unappropriated surplus long outstanding accounts payable that had long remained unclaimed. To overcome the above deficiencies, the Audit Team recommended the following courses of action: Instead of resorting to a personal canvass in procuring goods, the Barangay should utilize the procedure provided under Republic Act 9184 and its implementing rules and regulations; The Punong Barangay should stop the practice of processing claims that are not supported by complete documentation; To avoid a cash deficit, the Barangay should use cash flow analysis in monitoring its cash inflows as against outflows; To resolve the unreconciled discrepancy in the bank reconciliation statement, the office of the city accountant should analyze the discrepancy between the books and bank balances of Cash in Bank-Local Currency Current Account or CIB-LCCA, and make the necessary adjustments in the books of accounts for presentation of account balance, and submit a bank reconciliation statement or BRS indicating the breakdown and nature of the reconciling items, together with the supporting documents; The Barangay should register with PhilGEPS and begin its utilization in accordance with the 2009 RIRR of RA 9184; The Punong Barangay should send written notices of delivery to the City Auditor’s Office within 24 hours of acceptance of deliveries by the Barangay; The Punong Barangay should see to it that the Barangay Treasurer remits the taxes withheld to the BIR in full; To resolve the issue of unliquidated cash advances, the Barangay Treasurer should be required to liquidate immediately long outstanding cash advances granted and implement available remedies under COA Circular 2012-004; and The Barangay Treasurer should revert the long outstanding accounts payable to the unappropriated surplus of the General Fund pursuant to Section 98 of PD 1445. In accordance with the request of the Audit Team for comments, we are respectfully submitting the following: We appreciate the meticulous care that the Audit Team exerted in going over the way the Barangay handled and managed its funds and resources, how things and people were administered within the village, and how fiscal discipline was observed in accordance with the law and rules that we can recall and within the confines of Section 16 and Section 17 of the Local Government Code regarding general welfare and self-reliance. We tried our best, but our best was not enough. We had shortcomings but rest assured such shortcomings were simply procedural. Indeed, your findings in this exercise will prove very useful in our sincere effort to correspond with equivalent zeal to fully comply with the requirements of the Office of the City Auditor. The recommendations are clear, precise, and simple. We shall observe them as required by the law, the rules, and regulations of the Commission on Audit. The post Good audit, good barangay governance appeared first on Daily Tribune......»»
Aboitiz Construction achieves 1M safe man-hours in Parañaque site
Aboitiz Construction, Inc. recently achieved a milestone of one million safe man-hours without lost-time injury for its project in Parañaque City. The project involved the construction of a 26,000-square-meter warehouse and office buildings for LBC Express and took place from June 2021 to April 2023. To promote and ensure site safety, ACI regularly conducts emergency response drills, safety awareness sessions, toolbox meetings and site inspections and audits. “This achievement is a clear testament to our commitment toward safety. Across all our project sites, we prioritize safety and uphold operational excellence as we build quality structures for our clients. We are continuously striving to comply with the safety requirements set by the Department of Labor and Employment and the businesses that we work with,” said ACI Chief Operating Officer Ramez Sidhom. The soon-to-be-completed Parañaque hub is the largest warehouse facility of LBC Express by far. Once finished, it will make for more efficient logistics and parcel delivery across the world. ACI has directly provided job opportunities to 393 manpower and subcontracted a total of 301 workers for this project alone. Last March, the company received its recertification for ISO 45001:2018 (Occupational Health and Safety Management System) for its sound occupational health and safety performance, staying true to its purpose of building for businesses to prosper and communities to thrive. The post Aboitiz Construction achieves 1M safe man-hours in Parañaque site appeared first on Daily Tribune......»»
DFA confirms Kuwait’s suspension of visas for Filipinos
The Department of Foreign Affairs on Thursday confirmed that the Kuwaiti government has issued a suspension of all types of visas for Filipinos. In an interview with Daily Tribune, DFA Assistant Secretary Paul Cortez said the Philippine Embassy in Kuwait received the official notice from the government of Kuwait regarding the suspension of visas. “The Embassy of Kuwait in Manila also confirmed that the Kuwaiti government indeed suspended the issuance of new visas for Filipino nationals into Kuwait,” Cortez said. “Suspension of all types of visas – that is how it was written. It was not really clear,” he added. He, however, noted that the suspension of all types of visas for Filipinos which became effective on 10 May exempts those who have iqamas or residence identification cards. Asked whether the Philippine government was notified about the basis of the suspension of visas, Cortez said: “The Kuwaiti government did not give a specific reason, they just announced the suspension.” However, according to the local broadsheet Kuwait Times, the decision to suspend all types of work and entry visas for Filipinos was taken due to the Philippines’ alleged failure to comply with the labor agreement between the two countries. Cortez refused to comment regarding the said reason, stressing that the DFA will wait for the official response from its counterpart. “Those are unofficial and it is something that we don’t confirm nor react to since it is not official,” he said. Cortez added that the Philippine Embassy in Kuwait is already coordinating with the Ministry of Foreign Affairs to determine the basis of suspension and resolve the matter. “As far as we’re concerned, if we have any issues with other countries, we discuss them with the hope of resolving them amicably,” he said. “We're diplomats, our job is to discuss the talk to find solutions, especially [since] our priority is not only to maintain friendly relations with Kuwait, but in this case, also to protect the interests of almost 300,000 Filipinos there.” In February, the Philippine government temporarily banned all first-time domestic helpers from working in Kuwait, following the murder of Filipina domestic helper Jullebee Ranara by the son of her Kuwaiti employer. According to the DFA, Kuwait is currently home to 290,000 Filipinos. The post DFA confirms Kuwait’s suspension of visas for Filipinos appeared first on Daily Tribune......»»
Bum deal brings pain
A contract inherited from the previous Land Transportation Office regime is now a major cause of headaches for the leadership of the agency and, in effect, the entire nation as it caused the delay in the release of driver’s licenses. German firm-led joint venture Dermalog introduced the Land Transportation Management System or LTMS which is a P3.4-billion project awarded in 2018. The dispute over the contract is the crux of the stalled distribution of the cards. The company has been disqualified from the contract to produce the plastic licenses, which it assumed from Allcard which failed to perform its obligations. Worse, in 2020, according to documents filed with the Ombudsman, Dermalog “interfered in and controlled the LTO’s printing system of driver’s license cards.” LTO Chief Assistant Secretary Jose Arturo “Jay Art” Tugade inherited the problem after he was appointed in November 2022. With the actions it took, Dermalog was considered by LTO officials a “threat to national security.” Post-qualification of Dermalog for the contract was based on the ground of its failure “to fully comply with its obligations under its 2017 contract with LTO.” A 2021 report of the Commission on Audit flagged LTO’s payment of P3.15 billion to Dermalog despite several defects that delayed and disrupted the system. LTO is conducting an extensive probe which may lead to the possible scrapping of the Dermalog contract. Congress is ready to probe the alleged “illegal payment” despite the “incomplete turnover of deliverables.” The circumstances proved that the contract was in clear violation of procurement and auditing rules, warranting an extensive probe. The German-led venture had reneged on the deal more than four years after the December 2018 delivery date as the system is still not fully functional and fully rolled out. The Dermalog system was incompatible with the LTO processes that needed to be adjusted to accommodate the new system’s functions. The Ombudsman in denying Dermalog’s petition to cite bidding committee officials for graft said: “Respondents (members of LTO bidding body) did not commit any irregularity when they objected to the post-qualification of the complainant (Dermalog) in the 2021 procurement.” “It also took Dermalog until 2 July 2021 to agree to turn over all “source codes,” in escrow, create an upload facility and include it in the Inventory Management System, thereby removing LTO’s dependency on it; and grant to LTO the exclusive right to use the watermark or hologram delivered to it, “recognizing in the process the need of the LTO to be independent of the vendor as a lesson from the past.” “Its avowed intention to turn over in escrow only means that it has not indeed fully complied with its obligations under the 2017 procurement,” according to the Ombudsman’s resolution. The Ombudsman said it was not inclined “to indict respondents (LTO bidding officials) for violation of Section 3 of Republic Act 3019 for delay under RA 9184 when the facts, as they are in this case, showed that Dermalog has not been candid in its business dealings with LTO and has, by itself, caused the delay it complains about.” The dispute over the contract has held hostage the LTO, the Department of Transportation, and Filipino motorists to Dermalog’s demand that the government pay it in full despite its shortcomings. Eventually, the deficiency from the deal reflects on the image of the administration since it has been quite a while since inefficiency has been a distinctive complaint against frontline service providers. The post Bum deal brings pain appeared first on Daily Tribune......»»
LGUs reminded: Comply with January 15 deadline to clear obstructed roads
Under DILG Memorandum Circular 2020-027, all LGUs are ordered to remove obstructions in all provincial, city, municipal and barangay roads, and national primary and secondary roads — an initiative that was temporarily suspended during the coronavirus-induced quarantine in March. .....»»