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Monday, January 26, 2009

FAQs ABOUT THE RECENT SANCTIONS ANNOUNCED BY THE WORLD BANK UNDER A PHILIPPINES ROADS PROJECT

(as of January 23, 2009)
1. Why were these firms investigated and debarred?
These firms were investigated for possible wrongdoing in connection with the bidding processes
for two road contracts under phase one of the National Roads Improvement and Management
Program (NRIMP-I) financed by the World Bank with the Government of the Philippines.
The National Roads Improvement and Management Program was a $150 million project,
approved by the World Bank Board in February 2000. It financed the first phase of a program that supported the Philippines Government's reforms in the road sector. Between 2003 and 2006, the World Bank team identified excessive pricing and other signs of possible collusion by several construction companies on three successive rounds of bidding for two road rehabilitation
contracts. As a result, the World Bank team refused to give its “no objection” to the award of
these contracts. It also reported its observations to the Department of Institutional Integrity1 (INT) of the World Bank.
During a thorough investigation, INT gathered evidence that several firms and individuals may
have engaged in collusion in connection with the bidding for these two contracts. The World
Bank Sanctions Board, which is comprised of external legal experts and senior World Bank staff,
has now reviewed the case and sanctioned seven firms and one individual on grounds of
collusion.2
NRIMP-I set out to help establish management and financing systems which would ensure the
sustainable upgrading and preservation of the country’s national roads network. As a result of the now completed project, some 1,400 kilometers of roads were built or resurfaced and the
management of money for roads within the Department of Public Works and Highways was
improved. The program overall has led to a significant improvement in the lives of the
beneficiary communities by facilitating their access to markets, schools and health centers and
has created a more modern and transparent roads management system around the country.

2. Now that the Sanctions Process is complete, will the World Bank recover its money and
how much will it recover?
The World Bank has no money to recover from this case of collusion as it did not finance the
contracts. Under the National Roads Improvement and Management Program (NRIMP-I), the World Bank rejected the proposed contract awards for two large road contracts in three successive rounds of bidding between 2003 and 2006 because the Bank team noticed excessive pricing and other signs of possible collusion. As a result, the World Bank refused to give its “no objection” to award of these contracts worth an estimated $33 million and reported the case to the Department of Institutional Integrity (INT) of the World Bank.

3. How common is it for the World Bank to debar firms?
Public sanction is viewed by experts as a significant deterrent to fraud and corruption. Over the
past decade, the World Bank Group has recognized corruption as one of the greatest obstacles to
economic and social development and we have applied sanctions to firms from many countries
where they have been determined to have engaged in these wrongdoing.
Since 1999, more than 350 firms and individuals from more than 22 countries – including the US, Sweden, the Netherlands, and the United Kingdom – have been banned from bidding for Bankfinanced projects, either indefinitely or for a specific period of time. All of their names are
published on the World Bank’s website at www.worldbank.org/debarr for the term of the
debarment.
A number of other international financial institutions also debar firms for fraud and corruption.
The World Bank Group needs to assure its shareholder governments, developing world partners, and other stakeholders that we will exercise the utmost fiduciary responsibility to safeguard the funds entrusted to us. We owe this responsibility to the people we are seeking to assist.
Fraud and corruption, if unchecked, can erode confidence among donors and beneficiaries,
leading to skepticism about the effectiveness of international development and, ultimately,
jeopardizing our very mission: overcoming poverty and building inclusive and sustainable growth and opportunity.

4. How does the World Bank define fraud and corruption?
Per the World Bank Sanctions Procedures, the following are the current definitions3 used by the
World Bank for practices constituting “fraud and corruption”:
• A “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly,
of anything of value to influence improperly the actions of another party;4
• A “fraudulent practice” is any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or
other benefit or to avoid an obligation;5
• A “coercive practice” is impairing or harming, or threatening to impair or harm, directly
or indirectly, any party or the property of the party to influence improperly the actions of
a party;6
• A “collusive practice” is an arrangement between two or more parties designed to
achieve an improper purpose, including to influence improperly the actions of another
party;7
• An “obstructive practice” is (i) deliberately destroying, falsifying, altering or concealing
of evidence material to the investigation or making false statements to investigators in
order to materially impede a Bank investigation into allegations of a corrupt, fraudulent,
coercive or collusive practice; and/or threatening, harassing or intimidating any party to
prevent it from disclosing its knowledge of matters relevant to the investigation or from
pursuing the investigation, or (ii) acts intended to materially impede the exercise of the
Bank’s contractual rights of audit or access to information.

5. Given that the Sanctions Board found that these firms have colluded, shouldn’t each of
the governments involved be launching criminal proceedings?
Our internal process determines whether there is sufficient evidence of sanctionable offenses
under the World Bank's policies and procedures for us to pursue sanctions. The Bank’s sanctions
regime is an administrative process, not a criminal one, which relies on specific definitions of the
sanctionable offenses (see question 4) and involves different evidentiary and burden of proof
requirements.
INT has shared its investigative reports with the countries of firms involved in this case and we
trust that the national authorities will look closely at these reports and take the necessary steps
from here. It is dependent on the national legal framework in each country to judge whether legal proceedings in the country are warranted.

6. Now that the sanctions are made public, how do we get the report of INT that was the
basis of this decision?
Submissions in sanctions cases are confidential in nature and are not available for public
dissemination – in part to avoid putting at risk some of the sources. However, if an INT
investigation finds evidence that a country’s national laws may have been violated, INT shares a
copy of its report with affected countries. In this case, a copy of the INT report was shared with
the Philippines Department of Finance and the Office of the Ombudsman in early 2008. The
report was also shared with the authorities of the other countries whose firms were involved. A
report summarizing the Bank’s investigative findings will be posted on the INT page of the
World Bank website following the Bank’s redaction and review protocol.

7. How does this case fit with the World Bank's global fight against fraud and corruption
and its anti-corruption work in East Asia & Pacific?
In 2007, the World Bank Group endorsed a new strategy entitled “Strengthening World Bank
Group Engagement on Governance and Anticorruption.” The strategy’s three pillars are to:
• build capable, transparent, and accountable institutions through assistance to countries;
• minimize corruption in Bank-funded projects by assessing corruption risk in projects
upstream, actively investigating allegations of fraud and corruption, and strengthening
project oversight and supervision; and,
• expand partnerships with multilateral and bilateral development institutions, civil society,
the private sector, and other actors to address corruption.
The NRIMP-1 case is a good example of the Bank’s anti-corruption processes working at their
best. We detected the possibility of collusion very early, we took action to investigate, we worked
with the Government in the Philippines to strengthen anti-corruption controls in the follow-on
project, we undertook an extensive and fair due process to allow the companies to respond to the
allegations, and at the end of this process we took action to sanction companies determined to
have engaged in wrongdoing.
In addition, in developing the second phase of the NRIMP project which was approved by the
World Bank’s Board in May 2008, we took into account the lessons learned through the
investigation. A battery of stringent anti-corruption measures was incorporated into the project’s
design, including:
• Use of an independent procurement evaluator (IPE) to improve the transparency and
integrity of procurement processes;
• Further enhanced procurement controls to ensure the reliability of contract cost
estimates, detect over-pricing through bid analysis, enhance supervision control over
contract variations and disseminate complaints mechanism in bid documents;
• Strengthening internal controls and internal audit capacity in the Department of
Public Works & Highways;
• Adoption of enhanced business processes – with increased use of computerized
business systems and enhanced processes for procurement and financial
management, the efficiency of transaction processing will be improved and
opportunities for interference reduced; and,
• Independent oversight by civil society – a coalition of citizen and road user groups
has been established, named “RoadWatch” (“Bantay Lansangan”), to strengthen the
voice and influence of citizens in ensuring transparency and proper use of public
funds for roads, and to counter corruption at high levels of government and society.

8. Why does the World Bank debar firms?
Misuse of public money is a problem for everyone, everywhere, from the least developed to the
most developed nations. The Bank has a responsibility to ensure that the money it is entrusted
with is used for its intended purposes.
When we receive allegations of fraud and corruption in our projects we take action to get to the
bottom of what happened and, where necessary, apply sanctions to individuals or firms found to
have acted improperly, in order to hold them accountable.
The fight against corruption is vital for a fair and just society, but no country is absolutely free
from the problem. That is why the World Bank supports governments that want to improve their governance standards and fight corruption. These partnerships are in part about ensuring that national and World Bank money is used properly. But it is also about putting in place standards that will apply to other projects and sectors so that the funds the World Bank makes available for development to improve the lives of poor people are used for that purpose.
In the Philippines roads case, we acted quickly when concerns were raised that bids for contracts
were coming in – in successive rounds of bidding – with excessively high prices and showing
signs of collusion between firms.

9. Some of the debarred firms have claimed that they did not have due process and that
they “did not have their day in court.”
The Bank’s sanctions process ensures that any and all evidence is evaluated carefully and that
individuals and firms alleged to have committed wrongdoing are granted a meaningful
opportunity to dispute the allegations against them.
All of the respondents in this case received the Bank’s Notice of Sanctions Proceedings in May
2008 and were given 90 days to submit a response in their defense and contest the allegations
against them. The firms were also offered the opportunity as part of their response to request a
hearing before the Bank’s Sanctions Board. The Sanctions Board took all of their submissions
into account in making their decision.
This is a summary of the Sanctions process:
• INT investigates allegations that a firm or individual has engaged in a sanctionable
offense in connection with a World Bank-financed project;
• If INT believes that there is sufficient evidence that a sanctionable practice has occurred,
it prepares a proposed Notice of Sanctions Proceedings and submits it to the World
Bank’s Evaluation and Suspension Officer (EO);
• The EO reviews the evidence submitted by INT and determines if the evidence is
sufficient to support a finding that the alleged sanctionable practice has occurred. If so,
the EO issues a Notice of Sanctions Proceedings to the firm or individual alleged to have
engaged in the sanctionable offense, recommends a sanction, and may temporarily
suspend the firm or individual pending the final outcome of the proceedings;
• If the firm or individual does not contest the allegations and/or the recommended
sanction, the recommended sanction is imposed;
• If the firm or individual does contest the allegations and/or the recommended sanction,
the case is referred to the World Bank’s Sanctions Board, and any temporary suspension
stays in force until a final determination is made;
• The Bank’s Sanctions Board reviews the submissions from all parties and if requested by
a Respondent or INT, will hold a hearing on the matter, during which parties may present
arguments and evidence, before any sanction is imposed;
• If the Sanctions Board finds that the evidence supports the conclusion that it is more
likely than not that the alleged sanctionable offense occurred, it will impose an
appropriate sanction.

In 2006, the Bank reformed its sanctions process to ensure that outside legal experts would play
the deciding role in corruption cases. No World Bank staff – either from the investigation office,
INT, or from the project team are involved in the sanctions decision-making process. This ensures the independence of all Sanctions Board decisions.
________
1 This Department has since become the Integrity Vice-Presidency (INT).
2 Another firm was separately debarred in August 2008 in connection with the same NRIMP-1 case. That proceeding
was not contested by the firm and accordingly, under the applicable procedures, did not require Sanctions Board
hearing.

3 It should be noted that the applicable definitions of fraud and corruption in the NRIMP-1 case were thosefound in the World Bank’s Guidelines: Procurement Under IBRD Loans and IDA Credits (Jan. 1995, rev.Jan. and Aug. 1996, Sept. 1997, and Jan. 1999) (Procurement Guidelines). In that version of theProcurement Guidelines, collusive practices were considered a form of fraudulent practice, in turn definedto mean “a misrepresentation of facts in order to influence a procurement process or the execution of acontract to the detriment of the Borrower, and includes collusive practices among bidders (prior to or afterbid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive theBorrower of the benefits of free and open competition.”
4 For the purpose of the Bank’s Procurement and Consultant Guidelines, the term “another party” refers toa public official acting in relation to the procurement or selection process or contract execution. In thiscontext, “public official” includes World Bank staff and employees of other organizations taking orreviewing procurement decisions.
5 For the purpose of the Bank’s Procurement and Consultant Guidelines, the terms “party” refers to a publicofficial and “benefit” and “obligation” relate to the procurement or selection process or contract execution;and the “act or omission” is intended to influence the procurement or selection process or contractexecution.
6 For the purpose of the Bank’s Procurement and Consultant Guidelines, the term “party” refers to aparticipant in the procurement or selection process or contract execution.7 For the purpose of the Bank’s Procurement and Consultant Guidelines, the term “parties” refer toparticipants in the procurement or selection process (including public officials) attempting to establish bidprices at artificial, non competitive levels.




Ople Center to Gov’t: Consider Transition Allowance for Workers Laid Off Due to the Global Financial Crisis

The Blas F. Ople Policy Center joined the mounting clamor for a bail-out package for displaced workers as part of the government’s livelihood assistance program. The suggestion was initially aired by Partido ng Manggagawa, a party-list workers’ group.
Susan Ople, founder of the BFO Policy Center, said a bail-out package for displaced workers could include a transition allowance that would enable them to put food on the table for their families while scouting for new jobs or undergoing livelihood training as part of the government’s economic resiliency program. The Center said the Overseas Workers’ Welfare Administration (OWWA) can work with the Department of Education (DepEd) and Commission on Higher Education (CHED) on a joint program to keep children of displaced OFWs in school despite the crisis.
“In January 2003, the government bailed out private banks with non-performing assets through the Special Purpose Asset Vehicle (SPAV) law. There have also been previous attempts to come to the aid of Napocor. Now, when hundreds of workers lose their jobs through no fault of their own, can’t government intervene by giving them direct financial assistance during a transition phase?” the Policy Center pointed out.
Over three thousand Filipino workers have been sent home last December due to layoffs in various factories in Taiwan. Most of the displaced workers have outstanding debts obtained prior to departure in order to pay their placement and brokers’ fees. They issued post-dated checks to private lending companies hoping that their earnings would be enough to cover the loan.
“A transition package to enable displaced workers to partly settle outstanding loans or maintain their families’ upkeep is an imperative confidence-building measure. Unless they are given cash assistance to help their families, these workers would have a difficult time finding new jobs or setting up a micro enterprise,” Ople stressed.

The Center said cash transfers can be part of a transition program for displaced workers that would also include career-planning sessions and skills retooling. It stressed that overseas and local workers displaced by the global crisis possess the experience and skills to be gainfully employed and are not in search of dole-outs from the government. “This direct assistance should not be considered as a dole-out but as an integral part of a more comprehensive jobs and livelihood program. It will help them to move on and hopefully, even move up as productive members of the workforce,” the BFO Policy Center pointed out.
The Special Purpose Asset Vehicle (SPAV) Law or Republic Act No. 9182, enacted inJanuary 2003, was widely expected to address the problem on non-performing assets (NPAs) of Philippine banks.
In 2003, the Philippines NPL ratio of 14.1% was one of the highest in the region compared with Thailand - 12.9%, Malaysia - 8.3%,Korea - 2.6%, and Indonesia - 8.2%. RA 9182 provides the regulatory framework for granting fiscal incentives to asset management companies (AMCs) or special purpose vehicle (SPVs) that purchase the NPAs of banks at a discount.

Ople Center Calls for a Tripartite Labor Summit Amid Rising Unemployment

The Blas F. Ople Policy Center and Training Institute called for a tripartite labor summit on job generation and preservation amid growing concern over the rising tide of unemployment and underemployment due to the global financial crisis.

The call was issued during a labor forum held at the AIM Conference Center in Makati today by the BFO Policy Center and LBS e-Recruitment Solutions, Inc to discuss the impact of the global crisis on the country’s workforce.

The Center noted that Malaysia’s ban on foreign workers may not affect foreign household workers in Malaysia but is a sign that more economies are “going local”. “Out of an estimated 30,000 Filipino workers in peninsular Malaysia, only 4,000 or so are professionals. Malaysia’s ban on hiring of foreign workers except those working in menial jobs combined with the non-renewal of expired work contracts demonstrate how vulnerable some of our OFWs are at this time of crisis,” Susan Ople, president of the BFO Policy Center said, adding that a tripartite labor summit would lead to a multi-sector and multi-pronged approach in helping displaced workers.

The center, named after the late Foreign Affairs Secretary Blas F. Ople, said the impending closure of Intel in the Philippines and other parts of the world where Filipino IT workers are employed, serves as a wake-up call for the country.

“Now is not the time for government to act in isolation from its constituents. We need the kind of consultative and open environment prevailing in America to draw the best ideas from our citizens.”

The Ople Center also noted the Malaysian government’s order for companies to lay off foreign workers first if they need to slash their work force. “This trend towards localization of jobs is a Sword of Damocles hanging over our own economy which is driven mainly by the dollar remittances of our OFWs.”

The former labor undersecretary noted that Macau has also taken specific steps to preserve job vacancies for its residents. Its administration has recently ordered a fifty percent reduction in foreign workers employed by janitorial and security agencies. Meanwhile, there are fears in Taiwan and Macau that more job cuts will be made after the Chinese New Year (January 26) is over.

Ople called on the government to publish guidelines and disseminate information through the barangay system on how displaced workers can seek government aid. She also called for more specific information on newly-created jobs arising from government efforts to stimulate the economy.

“Retrenchment of Filipino workers overseas and here at home signals the need for us to turn inward, creating opportunities for self-employment through microfinance, vocational skills training and community enterprises. We call on government to include the labor and OFW sectors in a serious, open discussion about safety nets and how the P330-billion economic stimulus package will be spent to create new jobs.”

Labor leaders, displaced workers, and migrant workers’ organizations attended the labor forum which included Cora Guidote, vice-president for investor relations of SM Investments Corporation and Professor Ben Diokno of the UP School of Economics. The forum was sponsored by the Philippine Amusement and Gaming Corporation and the International Labor Organization Sub-Regional Office for Asia and the Pacific.

ICTSI's Ecuador Unit Acquires New Container Cranes



Contecon Guayaquil SA, manager and operator of the Guayaquil Container and Multipurpose Terminals in Ecuador, recently took in delivery of three new quay cranes and eight rubber tired gantries. The new container handling equipment, manufactured by Shanghai Zhenhua Port Machinery Co. of China, is the first of their type to be introduced in Ecuador, heralding a new era of modern port operations in the country. In 2007, CGSA acquired two mobile harbor cranes immediately after its takeover of the port. CGSA is a subsidiary of Philippine-based International Container Terminal Services Inc., a leading developer of international ports and terminals with a global port network spanning 11 countries in four continents. ICTSI is on its 20th year of operation, and continues to pursue container terminal opportunities around the world.

ExcelAsia Partners with Megaworld in New Eastwood Site

New ExcelAsia site to start operations within Q1 of 2009

Human resource solutions firm ExcelAsia forges a new partnership with premiere property developer Megaworld Corporation to open a new recruitment and training site in Eastwood City Cyberpark. ExcelAsia’s newest site will be set up at the e-Commerce Plaza in Eastwood City, Bagumbayan, Quezon City and is scheduled to begin operations in the first quarter of this year.

According to Megaworld Corporation First Vice President for Business Development and Leasing Jericho Go, 50% to 60% of companies leasing Megaworld office buildings in Eastwood City are from the business process outsourcing (BPO) and IT-related industries. At present, more than half of approximately 60 companies operating in the area are engaged in the BPO and IT sectors. Having achieved critical mass, existing and prospective locators have flagged inquiries about replenishing their labor pool as Eastwood’s business hub continues to grow with the industry.

Megaworld initially approached ExcelAsia about their new site in Eastwood City based on positive feedback from their current BPO partners. Current and potential locators expressed satisfaction and confidence to Megaworld about the way ExcelAsia services and meets their BPO requirements.

“BPOs and IT-related industries need to refresh, replenish, and retain talent to continue to drive growth and competitiveness in their industry,” Go said. “We noticed that 30% to 40% of the available workforce for the BPO and IT businesses are classified as near-hires. ExcelAsia has consistently shown that it is equipped with the expertise to hire qualified applicants as well as train near-hires in preparation for a BPO or IT industry career.”

ExcelAsia President Rita Trillo-Ugarte emphasized that they will utilize their successful dedicated site strategy in Eastwood to meet and exceed their clients’ expectations. “We’ll be delegating account managers and recruitment staff to ensure that crucial ramp-up periods are met for our clients,” she said. “This will help us tailor-fit our strategies based on the needs of our clients and their customers.”

According to Trillo-Ugarte, around six (6) training rooms will be available in the new Eastwood site. Monthly trainees are also expected to increase from 700 to 1,500 in all of their ExcelAsia sites nationwide.

“I believe this new partnership with Megaworld Corporation will serve as a strong strategy to further business development, as both Megaworld and ExcelAsia are committed to providing quality and high-value solutions among our growing roster of clients,” Trillo-Ugarte said.

SSS Infrastructure Investments to Earn Benchmark Rates

The Social Security System’s (SSS) participation in the government’s proposed P300-billion economic stimulus fund would be purely an investment which is expected to earn a reasonable yield based on benchmark rates, a top official said.
SSS President and Chief Executive Officer Romulo Neri said the Social Security Commission—SSS’ policy-making body composed of representatives of workers, employers and the government—would approve the projects to be funded under the program.
“We are treating this purely as an investment with a two-pronged objective: to earn money and to create jobs, which means bringing in more SSS members,” he said. “It is not free nor a dole-out.”
The proposed stimulus package would be funded by the government and private sectors. It aims to pump-prime the local economy amid the global financial slowdown.
SSS eyes an investment of about P12 billion or one-fourth of the government financial institutions’ share of infrastructure projects. Under the Social Security Law, the SSS can finance domestic infrastructure projects provided that the investment shall be guaranteed by the Philippine government.
“Our charter allows SSS to invest in roads, bridges and other similar projects,” Neri said. “The SSS law also provides safeguards to protect the investments.”

Friday, January 23, 2009

Department of Finance endorses BoC proposal on trade facilitation to World Bank

Finance Secretary Margarito B. Teves formally endorses to World Bank the proposal paper of Bureau of Customs entitled “World Bank Technical Assistance Program to Support and Supplement the Secure Trade Facilitation Component of the 2008-2012 Strategic Plan of the Philippine Customs Service: A Proposal.”

The Bureau is hoping for the World Bank’s support to the program in order to receive technical and capacity building assistance from this international organization, particularly on the BoC’s push towards facilitating trade.

Moreover, Commissioner Morales added that “the endorsement of the BoC’s paper to the World Bank is indispensable because the vital projects proposed in this paper will accelerate the drive to create essential reforms that will provide a truly transparent, efficient, effective and world-class Customs Service”.

In the recent report of the World Bank entitled, “Doing Business 2009”, the Philippines ranked 58th out of 181 countries. In addition, the country has improved in two vital factors—time to export goods, which is reduced to 16 from 17 days and time to import goods, which declined from 18 to 16 days. The improvements in the fiscal activities of the country are attributed to the upgraded risk management and electronic data interchange system of the BoC.

Earlier in November 2008, a Donor’s Meeting was held as attended by representatives from the Bureau, World Bank, European Union, USAID, JICA and the Banker’s Association of the Philippines, convening on the needed immediate assistance for the crafting and issuance of implementing rules and regulations of the Electronic to Mobile Customs System (e2m Customs) of the Bureau of Customs. In the said meeting, the World Bank required the Bureau the aforementioned paper to study more other probable areas wherein they may assist the latter.

In a letter dated January 12, 2009, the Department of Finance stated that “these projects will improve the Philippines capacity to secure and facilitate international trade, be compliant with international standards and be at par with the world’s best.”

Secretary Teves concluded that “the assistance and support of World Bank will definitely sustain and strengthen the improvements in Customs for trade facilitation and security.”

Help Desk in Oman to assist stranded OFWs, other Filipinos

The Department of Labor and Employment (DOLE) today said a Filipino Help Desk shall be set up at the Al-Buraimi border in the Sultanate of Oman to assist overseas Filipino workers (OFWs) and other Filipinos taking refuge in that country while waiting for their new reentry visas to the United Arab Emirates (UAE) or repatriation to the Philippines.

Labor and Employment Secretary Marianito D. Roque said a team shall profile the skills and abilities of the stranded OFWs to facilitate their search for employment whether in the UAE or any other country in coordination with the Philippine Overseas Labor Offices (POLOs) in Oman, Dubai, and Abu Dhabi.

Al-Buraimi is an oasis town in northeastern Oman on the UAE border. Prior to the new UAE immigration laws, Filipinos with expired UAE visas exit to this part of Oman while waiting for new re-entry UAE visas which they can acquire within three to five days only.

Roque, citing a report from Muscat-based Labor Attache Romeo Young, said that problems affecting the Filipinos staying at Al-Buraimi began to crop up when UAE changed its laws regarding the acquisition of reentry visas in July 2008.

He said the issuance of new reentry visas in UAE now takes from the usual 3-5 days to 30 days or one month. In case the visa is not released within the 30-day period, the applicant can wait for a maximum period of another 30 days upon payment of 100 dirhams.

The DOLE Chief said that due to the long waiting period, the number of Filipinos staying at Al-Buraimi increased each day and even reached thousands at one point in the third quarter of 2008.

He noted, however, that the turnover of Filipinos staying in several hotels at Al-Buraimi has been constant and fast as soon as they get hold of their reentry visas to UAE. There were also Filipinos who chose to be repatriated to the Philippines.

As of Jan. 11, 2009, Roque said only 782 Filipinos were staying at Buraimi, Bagwan, Jawhara, and Al Saleem Hotels in the Al-Buraimi border. An Omani hotel manager had good words for their Filipino guests saying “they are good and clean.”

Roque said the Help Desk shall provide them the necessary assistance to help them in their concerns including their search for appropriate employment in the UAE or in any country where their skills are needed.

He said Help Desk is expected to pave the way for more expeditious turnover of OFWs and other Filipinos staying temporarily at Al-Buraimi while waiting for their fresh UAE visas.

Thursday, January 22, 2009

Jinggoy wants barangay-based businesses to retrain and hire retrenched OFWs and other wokers

Senate President Pro Tempore Jinggoy Ejercito Estrada today urged the national government to implement a “barangay-based retraining and hiring program” for OFWs and other retrenched workers through which small village enterprises could retrain and/or hire those workers severely affected by the global recession, and enjoy special incentives in return.

“We have an extensive network of barangay-based enterprises which could provide to thousands of laid off OFWs and other severely affected workers their much-need retraining on current skills or for skills-shift, and even alternative employment,” Estrada, chair of the Senate Committee on Labor, Employment and Human Resources Development, and the Joint Congressional Oversight Committee on Labor and Employment, said.

He particularly cited businesses assisted by the national government through the Barangay Micro Business Enterprise (BMBE) Act of 2002 (Republic Act 9178).

The law has been supporting the formation and growth of small barangay-based enterprises with assets of less than P3 million that engage in production, processing and manufacturing of commodities including agro-processing, trading and services.

Businesses registered with the BMBE program enjoy exemption from income taxes and minimum wages rates, specially dedicated credit windows from financial institutions and guarantors, and pay only minimal taxes and fees. The program was initially provided with a P300-million special revolving fund.

Estrada noted the admission by the Department of Labor and Employment (DoLE) that thousands of OFWs had already been retrenched due to the crisis, and that the lay-off trend is on the rise.

Estrada said he was "alarmed" over the report made by the Trade Union Congress of the Philippines (TUCP) that at least 35,000 workers were retrenched from several factories exporting electronics and automotive parts at Laguna Technopark in Binan and Sta. Rosa, Laguna.

Last week, the National Statistics Office (NSO) had said that Philippine exports fell 11.9 percent to $3.49 billion in November, the second straight month of double-digit decline after contracting by 14.8 percent in October.

The country lost a total of $1.18 billion worth of exports from October to November 2008 compared to the same two-month period in 2007, according to the same NSO report.

The NSO report said the electronics sector -- the country's biggest exporter -- absorbed the bulk of the lost sales at $960 million over the two-month period.
Herrera attributed the rapid decline in electronics exports to massive job losses and tightening credit around the world, which in turn have dampened in a big way spending for automobiles, liquid crystal displays and high-definition TV sets, personal computers, mobile phones, MP3 players, iPods and other consumer durable goods.

Among the large electronics firms include F. Tech Philippines Manufacturing Inc., Fujitsu Die-Tech Corp. of the Philippines, Fujitsu Ten Corp. of the Philippines, Furukawa Electric Autoparts Philippines Inc., Futaba Corp. of the Philippines, Hitachi Computer Products (Asia) Corp., Matsushita (National Panasonic) Communication Industrial Corp., Matsushita (National Panasonic) Electric Philippines Corp., NEC Computer Storage Philippines Inc., Nidec Philippines Corp., TDK Philippines Corp. and Toshiba Information Equipment Philippines Inc.

“Barangay-based businesses, particularly those in the BMBE network, already form an operational and vibrant industry that has been keeping our economy afloat despite the global recession. The challenge to the national government now is how to maximize this system to help OFWs and other workers adversely affected by the global financial crisis so that they would immediately become economically productive again,” Estrada said.

According said that on top of those already provided for by the BMBE law, the national government should grant additional incentives to barangay-based enterprises that would participate in the retraining and hiring program for returning OFWs and other laid off workers.

Estrada also earlier proposed a special incentive package including tax credits, tax exemptions, income tax holidays and duty-free importation of raw materials and equipment for companies that would retrain and hire retrenched OFWs and other workers from local industries.

NEDA ICC-CabCom approves PTV-4 upgrading & bridges project totaling PhP10B, cost increase of Iloilo Flood Control Project worth PhP1.68B

The National Economic and Development Authority (NEDA) Investment Coordination Committee-Cabinet Committee (ICC-CC) recently approved two projects totaling some PhP10 billion to strengthen the government’s information system and link the country’s islands. Approved were the Immediate Rehabilitation Project of the People’s Television Network, Inc. (PTV-4) and the Bridges for Prosperity Acceleration Project.

Meanwhile, the ICC-CC re-evaluated the Iloilo Flood Control Project Phase 2 (Stage 1) and its change in scope and cost increase of PhP1.68 billion was also approved. The project aims to mitigate flood damage to create a more sustainable urban community in Iloilo.

Aiming to modernize the analog broadcast facilities and equipment of PTV-4 and strengthen its efficiency and effectiveness as an integral and critical part of the government’s information system, the rehabilitation of the network is estimated to cost PhP470 million. About 85 percent of the funding for the said project shall be sourced from the US Export-Import (EXIM) Bank with London Forfaiting Americas, Inc. (LFAI) as lender. LFAI shall finance the remaining 15 percent.

On the other hand, the bridge project of the Department of Public Works and Highways (DPWH) involves constructing permanent bridges and replacing temporary bridges, all totaling 242 along national roads nationwide.

Of the PhP9.6 billion-bridge project, about PhP8.3 billion shall be financed by the United Kingdom and about PhP1.31 billion shall be provided by the Philippine government.

The Iloilo Flood Control Project Phase 2 (Stage 1) change in scope of works was approved to avoid further delays in the completion of the project due to right-of-way (ROW) problems. Also approved was the project’s additional cost due to increase in the civil works, ROW and construction management components and the 38-month extension of implementation period from March 2002 to March 2007 to March 2002 to July 2010. The project is expected to benefit the six districts of Iloilo City with a total land area of 6.85 hectares.

Sinister scheme seen in Puno in 2010 campaign

Louis "Barok" Biraogo warned today of an "unseen hand" using interest groups, including those from the church, to peddle Chief Justice Reynato Puno as a presidential candidate in 2010.

"What makes this entity sinister is that it wants a malleable president to emerge from the 2010 election. And who can be more inexperienced in politics than Puno himself?" said Biraogo.

"Chief Justice Puno admitted he'd be like a fish out of the water if thrust into the world of politics. That's precisely what makes him so attractive to king-makers and puppet-masters."

A slip of the tongue by Jocelyn Limkaichong, the beneficiary of Puno's non-promulgation of a Supreme Court decision ousting her as member of congress, "gave away the game plan," Biraogo added.

He noted that Limkaichong, whom he seeks to disqualify as a member of congress for being an alien, had been going around town trumpeting that an impeachment complaint will be filed against Puno.

She had been so certain about the impeachment that such a complaint, if it will be filed, will surely be the handiwork of the very people who want to depict Puno as a victim of political persecution, he pointed out.

"Administration allies in congress had emphasized that no impeachment complaint against Puno is forthcoming. That being the case, it would be in the interest of those behind Puno in 2010 campaign to have one filed against him to conform to the script of their zarzuela," Biraogo said.

In reality, the impeachment move against Puno is just "an illusion," said Biraogo, "intended to politicize the disqualification case against Limkaichong."

Biraogo warned the people not to allow themselves to be used by those who want a president in 2010 whom they can control. "Beware of the wolf in sheep's skin herding the flock into the slaughterhouse," he said.

The Commission on Election second division had found Limkaichong to be an alien and thus disqualified to run as Negros Oriental representative in the 2007 election. The Comelec en banc affirmed said decision.

Four cases had been consolidated before the SC over the Comelec Limkaichong Comelec decision. One was filed by Limkaichong herself seeking to overturn the Comelec ruling, another was filed by a rival candidate while two others were filed by concerned citizens, including one by Biraogo.

On July 15, 2008, the SC en banc affirmed the Comelec decision ousting Limkaichong. Fourteen Justices signed the ponencia of the now retired Justice Ruben Reyes but Puno had refused to promulgate it.

NEDA forecasts Q4 2008 growth to hit 3.6 to 4.4 percent, full year between 4.2 to 4.5 percent

National Economic and Development Authority (NEDA) projects gross domestic product (GDP) to grow between 3.6 to 4.4 percent in the fourth quarter of last year as all sectors have weakened compared to 2007. Meanwhile, growth for 2008 is expected to be within 4.2 to 4.5 percent.

“This is a conservative forecast and it is good to be conservative right now,” NEDA National Policy and Planning Staff (NPPS) Director Dennis Arroyo said in a briefing, factoring in the effects of the global economic crisis. He sees however the full-year growth to be toward the higher end of the NEDA forecast.

By sector, Arroyo projects agriculture, fishery and forestry (AFF) to have grown 2.4-3.2 percent in the fourth quarter of 2008. Industry and Services are expected to be within 5.0-6.0 percent and 3.2-3.9 percent, respectively. For the whole of 2008, AFF, Industry and Services are projected to be within 3.1-3.3 percent, 4.8-5.1 percent and 4.3-4.5 percent, respectively.
Arroyo said the main growth driver would be the construction subsector which he sees to post the fastest growth among all industry subsectors mainly due to the accelerated spending of the government on public infrastructure. He added that private construction growth is also expected to remain high despite the dampening effect of high prices of construction materials such as steel.

“The construction subsector however could be partly negatively affected by the low level of confidence caused by the global economic crisis but strong demand is still expected for residential and office spaces with the growth in outsourcing, demand from overseas Filipinos and favorable terms for housing loans offered in the market,” Arroyo said.

Arroyo also said that one of the bright spots is real estate as strong demand from retail and mid-level markets and the outsourcing firms continues in the fourth quarter. “The availability of housing loans at competitive interest rates is also expected to contribute positively to the performance of the subsector,” he said.

Another bright spot is the private services sector which is seen to retain its good performance in the fourth quarter. Arroyo explained that business process outsourcing (BPO) was observed to be benefiting from the economic slowdown in industrial countries.

“The firms in these economies tend to consider outsourcing as a more efficient alternative for
this would allow them to save on cost,” he said. However, the NEDA-NPPS director cautioned that the downside risk in the private services subsector would be the nil growth in tourist arrivals and the lagging average hotel occupancy rate in the country.

He added that the transportation, communication and storage service subsector’s growth will be invigorated mainly by lower fuel prices. “Air transport is expected to grow positively with the liberalization of the industry and higher demand lured by air fare promotions and long holidays in December. The higher rail ridership in MRT, LRT and Megatren will also contribute positively to the performance of this subsector,” Arroyo said.

Wednesday, January 21, 2009

Rumor has it

01/21/2009
C.R.O.S.S.R.O.A.D.S
JONATHAN DELA CRUZ


It started with a rumor and continues to be fueled by rumors. First, rumor had it that certain forces are out to impeach Supreme Court (SC) Chief Justice Reynato Puno. No less than his spokesman, lawyer Jose Midas Marquez, confirmed this at the Kapihan sa Sulo forum last Saturday. Marquez said that a reporter from a Manila broadsheet called him up the week before asking his reaction to a rumor that some people close to the Palace are bent on filing an impeachment complaint against Puno. He went along and said that they have also been hearing similar rumors but the Chief Justice just shrugged this off for what they were — rumors. These rumors were incorporated with other rumors of the same nature into one big, banner story the Monday after. And, the rest as they say, is now history in the making. Rumor on top of rumor.

The rumored impeachment was actually triggered by another rumor — that Puno's refusal to promulgate an SC decision signed by 14 justices ousting Negros Oriental Rep. Janet Limkaichong for being an alien was prompted by interests other than the ruling not having any "doctrinal value." That rumor in turn was based on internal court documents including records of the debates and reflections of the members before, during and after affixing their signatures and even soon got their way to the house of Limkaichong's critic, Louis "Barok" Biraogo, who in turn is rumored to be a fraternity brother of the solon's political opponent and predecessor, Jacinto Paras, whose wife run against her. But back to that second rumor.

The story is that Puno along with Justice Antonio Carpio "maneuvered" to have the full court conduct oral arguments — considered unprecedented by Limkaichong's detractors — to allow the other justices to change their minds and perhaps go along with Carpio's written reflections on the case. That rumor was boosted by the impression that the line of arguments proffered by Limkaichong's new lawyer, dean Pacifico Agabin, and new solicitor-on-case, Renan Ramos, who are rumored to be Puno's fraternity brothers, were eerily similar. Instead of asking his boss, SolGen Agnes Devanadera what happened, the critics put a negative spin on Ramos' change of mind.

And rumors of money changing hands, among or between who, started to surface with rumored details to spice things up. Rumored Puno run. Then, the rumor of Puno's possible presidential run caught fire after the Chief Justice himself came out swinging against the "shadowy forces" out to malign him and destroy the court. Apparently, his ruminations about the need for a moral force to change the course of our history triggered a spate of rumors, semi-rumors and actual endorsements. Sen. Ping Lacson started the ball rolling with a gratuitous advice that he was willing to forgo his presidential ambition if and only if the Chief Justice agrees to run with him playing second fiddle. That advice took a turn with a set of other rumors this time involving Lacson already.

The solon was playing it up to Puno, the rumor went, in time for the full court's hearing on the "Kuratong Baleleng" case and the rumored imminent deportation from the US of his two lieutenants, Col. Michael Ray Aquino and Cesar Mancao, to face criminal charges lodged against them for the Dacer-Corbito murders. These are mere conjectures, of course, but like Puno's rumored imminent impeachment, they have taken a life of their own. And the rumors get going buoyed no less by the Chief Justice playing coy about his plans while the court takes time to act on the earlier rumored maneuvering in the case at bar. Then, to add more rumor to the mill, last Saturday in the same Kapihan forum where Marquez guested Iglesia Filipina Independiente Bishop Nilo Tayag, a contemporary of Puno's at the University of the Philippines and former KM chairman, launched the Puno-for-President Movement vowing to put together a group to gather 2 million signatures to convince the Chief Justice to run in 2010.

Initially, Tayag was looking at church and youth groups to spearhead the effort noting that the Chief Justice has such a moral standing grounded on his Christian upbringing as a leading member of the Methodist Church in the Philippines. That triggered another round of endorsements and, yes, rumors and twists about this enveloping run. Kapatiran and their workouts.

The problem of Tayag's call is that it has triggered all kinds of rumors and workouts in its wake, all of which tend to put not only the Chief Justice but the entire court in a bind. It has unduly politicized the situation to the point that any advisory from the Chief Justice and even the Court now will be treated gingerly and with a huge dose of salt. Thus, even if the Kapatiran party which founder Nandy Pacheco called a "God-centered" grouping and that of other religious groups saying they are just civic minded citizens seeking to put "morality and good governance" at the forefront of public debate in endorsing Puno they run the risk of violating time honored precepts on the separation of church and state. They also put their very advocacies or even personal or sectoral concerns which require judicial consideration, into play and place Puno in a quandary.

On top of this, the mobilization, voluntary or otherwise, of court personnel from the justices of the Court of Appeals, the association of judges and court personnel and others associated with the judiciary including the IBP in support of the initiatives to derail the rumored imminent impeachment and then the possible presidential run of Chief Justice Puno places the SC in a course which is bound to degrade its standing as an impartial body and the court of last resort on any and all legal and constitutional questions. That will be very sad indeed and something we can ill afford to have at this time.

DOLE to help displaced OFWs put up own business enterprise

Labor and Employment Secretary Marianito D. Roque today said some displaced overseas Filipino workers (OFWs) from Taiwan would soon organize themselves to put up their own business enterprise under the DOLE contingency plan for workers affected by the global financial crisis.

Roque held a dialogue with the displaced OFWs following their protest rally, which they staged with Migrante and other groups in front of the Department of Labor and Employment (DOLE) in Intramuros last week. The OFWs demanded for a refund of their placement fee and airfare, among others.

Roque assured the OFWs that the DOLE and Philippine Overseas Employment Administration (POEA) would exhaust all means to assist them. On order of Roque, the POEA would hold continuous hearing to expedite the resolution of the OFWs’ complaints against their recruitment agencies and Taiwanese employers.

POEA Administrator Jennifer Manalili who joined the dialogue, implored on the OFWs to extend their full cooperation in the hearing to ensure its expeditious completion.

Roque also said that while their case is being resolved at POEA, the OFWs would be assisted in putting up their own livelihood project. The affected OFWs are interested in producing and selling peanut butter.

The labor chief likewise assured the displaced workers that all the necessary assistance shall be extended them in order to hasten the setting up and operation of their livelihood project. This would help them earn anew and be able to cover expenses while their case is ongoing. Assistance would include helping them prepare a business plan, operate a business, and market their products.

To expedite airfare refund, Roque also directed the Overseas Workers Welfare Administration (OWWA) to immediately give the OFWs the money they used in paying their return airfare. OWWA would in turn charge the airfare from the OFWs’ recruitment agencies.

Tuesday, January 20, 2009

Mapfre Insular Ends 2008 with Its Annual Milk Donation Campaign for Chosen Children Village


Photo shows the resident kids from Chosen Children Village along with Mrs. Lita Fullerton and Mapfre Insular representatives. Inset shows Mapfre Insular’s AVP for Human Resources Management Tere Datinguinoo; Chosen Children Village Founder Lita Fullerton; and Mapfre Insular’s VP for Branch Operations Bobby Dayrit.

Mapfre Insular, one of the leading and stable non-life insurance industries in the country, ended the year with its corporate social responsibility (CSR) campaign for the Chosen Children Village last December 2008.

The company successfully launched an annual Milk Donation Campaign among its employees for the Village’s children in 2007. Employees pledged monthly donations, which were collected through salary deduction. The setup allowed the entire Mapfre Insular community, along with its provincial branches, to participate in this CSR endeavor. The company closed 2008’s donation campaign with more than a hundred milk cans plus other pertinent supplies such as rice, clothes, medicines, and other in-kind donations.

Located in Silang, Cavite , the Chosen Children Village is a community specifically established for mentally and physically challenged children abandoned by their families. Founded by Lita Fullerton in 1989, Chosen Children Inc. cares for 78 children within the Village. Aside from providing a family setting that allows the children to experience emotional support as they grow up, the Village also develops educational and specialized therapy programs to enhance the potential of each child.

As a non-profit community, the Village relies on donations and child sponsorship programs to sustain its level of care and development for the children and to continue its mission of reaching out to abandoned special children.

Mapfre Insular has been conducting its Milk Donation Campaign since 2007, supporting one of the most important sustenance needed by the children inside the Village. In addition, Mapfre Insular also sponsors the education of five children from Chosen Children Village .

In the current economic climate, Mrs. Fullerton expressed her concern for sustaining the Village through sponsorship and campaigns. ”Donations have substantially declined this year and we understand that people are prioritizing their own necessities first.” Fullerton said.

However, despite these tough times, Mapfre Insular continues with its social service by reaching out to these special children and continuously enriching their lives for a better future.

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About MAPFRE Insular

Mapfre Insular is one of the leading and more stable insurance providers in the country today. With over 70 years of professional experience, Mapfre Insular provides a comprehensive line of non-life insurance services. Mapfre Insular is a joint ownership between Mapfre of Spain and the Insular Life Assurance Co. Ltd. of the Philippines . The Mapfre Group owns 75% of Mapfre Insular and is considered as the largest insurance conglomerate in Spain with a global presence in 36 other countries. Insular Life owns 25% of Mapfre Insular and is the first and largest domestic life insurance company in the Philippines with over 100 branches nationwide. At present, Mapfre Insular has over 50,000 policyholders and is situated in 11 branches all over the country.

Korea 2009: Architecture and Acoustics of the Highest Standard

Closing date for applications for the World Choir Championships is the end of February –
Prize money totalling US$ 200,000 for this top event
Korea 2009 is gathering momentum and gaining in attraction. Choirs, brass bands and folk
groups all over the world are feverishly preparing for the first World Choir Championships.
Choirs and ensembles can register until the end of February for participation in this premium
choral and musical event, which is taking place from 7 – 17 July 2009 in the Province of
Gyeongnam in the south of the country. The closing date was announced by INTERKULTUR
on 12 January 2009 in Frankfurt.
The choirs and other music ensembles can look forward to concert facilities of the highest
quality. The halls in the four host cities are world-class in terms of architecture, acoustics and
technical equipment. "In the twenty years of our history", raved Ralf Eisenbeiß, artistic
director of INTERKULTUR, "we have never witnessed such excellent conditions".
The World Choir Championships (WCC) are the umbrella event for a series of exquisite
choral and musical competitions that is unique in this world. They range from the second
Asian Choir Games through the Korean International Open Competition to the Grand Prix of
Choral Music. A special attraction at this top event in Korea 2009 is the prize money for the
best-placed choirs at the Grand Prix of Choral Music, with a total purse of US$ 200,000.
The WCC are being jointly organised by INTERKULTUR and the Province of Gyeongnam in
four southern cities in South Korea. The first Asian Choir Games were held in 2007 in
Jakarta, Indonesia.
For details and photos visit our website at www.korea2009.com

ExcelAsia Receives Top Vendor Recognition from Citigroup BPS, TELUS Philippines, and IBM Daksh

Year 2008 ended with more awards for industry-leading human resource solutions company ExcelAsia as it collected commendations from existing global business process outsourcing (BPO) clients. ExcelAsia was one of the top vendors awarded during the ceremonies held by Citigroup Business Process Solutions Pte. Ltd. (Citigroup BPS), TELUS International Philippines, and IBM Daksh last December 2008.

During the Vendors’ Night conducted by Citigroup BPS, ExcelAsia was named the BPO firm’s Partner of the Year. ExcelAsia has consistently produced the committed number of endorsements for Citigroup BPS since their partnership began on January 2008. By producing the most number of hired endorsements throughout the same year, ExcelAsia bagged this prestigious commendation from Citigroup BPS.

“By achieving a 100% fill rate for our hiring accounts, we were able to meet the targets set by our own clients for 2008,” Citigroup BPS Assistant Manager for Sourcing Maurice Ryan Bevera said.

Bevera also added that through ExcelAsia’s endorsement turnout, Citigroup BPS was able to meet its client requirements and effectively address the erratic call volumes that usually arrive during the holidays.

IBM Daksh also commended ExcelAsia as one of its top partners for 2008 based on overall endorsement scale and productivity. Aside from this award, IBM Daksh also highlighted the quality of services ExcelAsia has provided by naming it the Most Ambitious Partner of 2008 and Most Responsive Contributor to Ramp.

ExcelAsia was also awarded TELUS’ Most Progressive Performer for 2008. TELUS International Philippines gave a plaque of recognition to ExcelAsia, citing it as one of their top performers for the said year.

In the midst of all these developments, ExcelAsia President Rita Trillo-Ugarte shares that the company is looking forward to roll out client service developments this 2009.

“The awards and recognitions ExcelAsia received in 2008 testifies to the high level of commitment the company is offering among its roster of clients,” Trillo-Ugarte said.” By continuously exceeding client expectations and working closely with them to make sure we give them the right fit, ExcelAsia hopes to usher in 2009 with an even better approach to ensure continued service excellence.”


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About ExcelAsia
ExcelAsia provides industry-leading human resources (HR) solutions to more than 30 multinational companies in the Philippines. The firm is staffed by training and recruitment experts who provide end-to-end HR solutions: sourcing and recruitment, executive search, training and development, and HR and business consultancy. ExcelAsia is a professional and reliable service-oriented company that addresses the growing HR needs of contact centers and other business process outsourcing sectors. At present, ExcelAsia is headquartered in Manila with offices in Cebu, Bacolod, and Alabang. It has trained and deployed over 16,000 Filipino jobseekers.

Japan to recruit Pinoy nurses, caregivers starting this year

Starting this year, Japan would recruit Filipino nurses and caregivers for training and employment in that country under the Economic Partnership Agreement between Japan and the Philippines (JPEPA), Labor and Employment Secretary Marianito D. Roque announced Monday.

Roque said the Philippine Overseas Employment Administration (POEA) and the Japan International Corporation of Welfare Services (JICWELS) entered into a memorandum of understanding (MOU) providing for the recruitment of Filipino nurses as candidate-kangoshi and caregivers as candidate-kaigofukushishi to Japan under the Framework for the Movement of Natural Persons of JPEPA, which came into force on Dec. 11, 2008.

POEA Administrator Jennifer Jardin-Manalili and signed for the Philippine side, while Japan was represented by Takashi Tsunoda, managing director of JICWELS. The signing of the MOU at the Blas F. Ople Development Center in Intramuros, Manila and witnessed by Secretary Roque.

Roque said the MOU provides for the roles and responsibilities of the two parties and the working conditions for the Filipino nurses and caregivers, that would ensure their welfare and protection while training and working in Japan.

He said the hiring program shall commence with the initial recruitment of 200 Filipino nurses and 300 caregivers whom the POEA would endorse to JICWELS. The latter, for its part, would match the nurses and caregivers to hospitals and institutions in Japan that it had pre-qualified to receive the Filipino candidates.

He said the Filipino nurses and caregivers shall be covered by a fully transparent employment contract adding the Filipinos shall receive the same salaries equivalent to what Japanese nurses and caregivers receive, based on similar tasks and qualifications.

For her part, Administrator Manilili said that prior to their actual work with their respective employers in Japan, the selected candidates shall nonetheless undergo a six-month language and culture training. During the training, the candidates shall receive allowance of not less than 40,000 yen or more than P21,000 per month.

“The language training shall help them prepare to eventually take the Japanese licensure examination. The examinations can be taken not more than three chances within three years in the case of candidate-nurses, and once on the 4th year of stay in the case of candidate-caregivers,” Manalili said.

She added that before obtaining their qualification as full-fledged nurse in Japan, candidate-nurses shall work under the supervision of a Japanese Kangoshi to fully familiarize them with the Japanese system. After passing the licensure or certification examinations, the fully qualified nurse and certified caregiver shall have the option to stay for an unlimited period in Japan to practice their profession based on new and upgraded employment contract with their employer.

Registered nurses with at least three years experience are qualified to apply for training and employment in Japan. Candidate caregivers, on the other hand, should be a graduate of a four-year course and should be certified by the Technical Education and Skills Development Authority (TESDA). Graduates of a nursing course may also apply as caregiver.

Applicants shall be required to undergo an aptitude test and interview by JICWELS to facilitate their matching with employers,. After selection, they must pass the required medical examination to conclude the employment contract and to successfully qualify to enter Japan. Nominal expenses of application shall be borne by applicants for document submission/authentication, medical examination (P1,500 basic) and visa fee (P1,150).

Airfare and onsite training costs are shouldered by the employers or the Government of Japan.

Qualified nurses and candidates are invited to apply with the POEA and to register online at www.eregister.poea.gov.ph.

BISHOP RESPONDS TO CALL FOR A MORAL FORCE

Bishop Nilo S. Tayag of the Iglesia Filipina Independiente (IFI) has finally cast his lot for the formation of a strong moral force to stem the decay of Philippine society and has launched a signature drive to draft Chief Justice Reynato Puno as presidential candidate in 2010.
Tayag, who earlier called for an end to traditional politics in the country, said his campaign, which seeks 2 million signatures, was a result of his realization that evil forces are out to unseat Puno from the only remaining bastion of decency and democracy in the country.
He stressed in the weekly Kapihan sa Sulo forum that he launched and chaired the Chief Justice Puno for President Movement (CJPPM) as an antidote to the frenzy of collectively assured political destruction (CAPD) unleashed by malevolent forces led by traditional politicians to prolong their hegemony.
Supporting Tayag are various people's organizations (POs) and non-government organizations (NGOs) that have incessantly clamored for an alternative political leadership in the country.
"Everywhere we go people from all sectors of our society have enthusiastically affixed their signatures to the petition endorsing the name of Chief Justice Puno as a future candidate for President of the Philippines. Thousands have signified their intention to sign the petition endorsing the CJPM," he revealed.
"In our struggle against the trapo or traditional politician, we have to present an alternative leadership to the Filipino people. Consistent with this principle, we have accepted the names of various personalities that truly represent not only the best and the brightest but also the morally upright. And at this juncture, the name Chief Justice Reynato S.. Puno tops the list of alternative leaders and shall reverberate throughout the length and breadth of the entire Philippine archipelago," Tayag noted.
"The Ayaw sa Trapo Movement or ASTM has been swamped by bloggers who insisted that any real opposition or true alternative leadership for Philippine society must have a face, a personality who embodies in him the ideals of principled politics against the politics of the stomach. And of course they have invariably suggested the name of Chief Justice Puno," he added.
Bishop Tayag has consolidated all the different organizations into one solid movement to obliterate traditional politics in the country. He is very optimistic that the movement will spread like wildfire and engulf the whole country in no time at all.
Tayag stressed that with the drive to unseat Puno faltering, with various forces supporting him like the United Methodist Church (UMC), other religious congregations and even senators and congressmen, the national movement against trapo is bearing fruit.

APO RAPS BELGICA FOR TAGGING FRAT AS 'DESTRUCTIVE GANG'

Alpha Phi Omega, the country's largest collegiate service fraternity, has scored Philippine Anti-Organized Crime Commission (PAOCC) chief Butch Belgica for labeling it as one of the 'most destructive gangs in Metro Manila."

Magleo V. Adriano, national president of the Alpha Phi Omega, said the media attack of Belgica is "malicious," describing the PAOCC commissioner's tagging as "based on ignorance."

Alpha Phi Omega has no community chapter and only accepts members
from colleges and universities, contrary to the mistaken belief of Belgica, he added.

"We condemn in the strongest possible terms the press release and subsequent statements in radio of PAOCC Commissioner Butch Belgica categorizing the Alpha Phi Omega as one of the destructive gangs in Metro Manila that should be monitored by the mayors and the police," Adriano said in a statement.

"Coming from a government official charged with the investigative powers, Commissioner Belgica is apparently ignorant of the true nature of Alpha Phi Omega, which counts among its numbers no less than the former US President William Jefferson Clinton and the present Defense Secretary, Robert Gates," he added.

"Alpha Phi Omega was founded on December 16, 1925 at Lafayette College, Easton, Pennsylvania, as a service-oriented fraternity and presently exists in more than 600 campuses in the United States as the only collegiate service fraternity. Following the same principles of leadership, friendship and service, the Alpha Phi Omega was organized in the Philippines on March 2, 1950 and has chapters in more than 300 campuses in the Philippines. It has been duly registered with the Securities and Exchange Commission (SEC) as a non-stock, non-proft service organization since 1990," Adriano stressed.

"Alpha Phi Omega does not and has never made it official policy to recruit members who are not college students at the time of their entry into the organization. It has more than 100 alumni associations organized along collegiate chapter, professional and territorial lines. However, these alumni associations are not and cannot accept members as only college students may become members. A cursory check with the SEC would have amply shown this Belgica. Moreover, its leadership strictly adheres to a 'no hazing' policy," he explained.

"Alpha Phi Omega takes pride that through the years, it has already institutionalized its numerous service projects such as building houses for the poor with Gawad Kalinga, Trees for Peace and Coastal Bay Clean-ups with the Department of Enviornment and Natural Resources (DENR) and various local government units (LGUs) and other agencies, and blood-letting programs with the Philippine National Red Cross (PNRC). In fact, APO has been recognized by the PNRC as its No. 2 donor, next only to the Armed Forces of the Philippines (AFP). Aside from these institutionalized service projects, we conduct on a regular basis surgical, medical, ophthalmic and dental services for many communities that need them. In furtherance of the peace effort, APO has espoused the 'Yes for Peace' project which has been endorsed by Archbishop Lagdameo, head of the Catholic Bishops Conference of the Philippines (CBCP)," Adriano asserted.

"As such, Alpha Phi Omega International (Phils.), Inc. considers the statement of PAOCC Commissioner Butch Belgica highly malicious and irresponsible, which merely manifests his utter ignorance and incompetence in undertaking investigative work, which ought to be the primary competence of a public official charged with the function of differentiating between a service organization amd 'gangs' or organized crime syndicates. Commissioner Belgica's qualification as a reformed convict does not and should not give him license to issue statements which not only maligns legitimate and law-abiding organizations but merely deflects government attention from more pressing problems like weeding out widespread corruption in its ranks and the criminal syndicates which feed on such menace. Commissioner Belgica's call for a witchhunt merely discredits the institution that he serves and maligns not only Alpha Phi Omega but also its countless members who have toiled through the years to insure that they will be a credit to the organization whose ideals and principles they have imbibed in college and continue to pursue in their professions," the APO statement concluded.

Recto To Biz Sector: Rp Economy ‘Tough’ Despite Crisis

Socioeconomic Planning Secretary and National Economic and Development Authority (NEDA) Director-General Ralph G. Recto told the business sector that while the Philippines is feeling the impact of the global crisis, our economy is tough and will continue to be resilient.

“The Philippines is feeling the impact of the global crisis. But our economy is tough, and this has been acknowledged by many rating agencies. The economy will be even more resilient as pesos are poured into kilometers of concrete,” Recto said during the recent Meeting of Major Business Organizations on the 2009 Economic Roadmap at the Intercontinental Hotel, Makati City.

At the meeting, he presented the government’s Economic Resiliency Plan which aims to ensure stable growth, create jobs, provide assistance to the most vulnerable sectors, ensure low and stable prices, and improve competitiveness in preparation for the global rebound.

Part of the Plan is the PhP300-billion fiscal stimulus package intended to pump-prime the economy this year. This package includes the PhP100-billion fund that the government and private sector shall create to help spur the economy.

“We will create the PhP100-billion fund with the private sector to lower borrowing and financing costs for capital expenditures spending and redirect these resources to important infrastructure projects. We are also tapping the resources of other government financial institutions (GFIs) for infrastructure projects,” Recto said.

The NEDA chief also told the businessmen that the government is investing in infrastructure to create and save jobs, boost growth, and upgrade the country’s capital stock so the economy grows more efficiently and at a faster rate.

He said the government is also improving the absorptive capacity of its infrastructure agencies by ensuring that they “hit the ground running” in the first half of 2009.

“This can be done by ensuring that procurement plans are implemented and contracts are awarded in the first quarter of 2009, moving away funds from slow-moving projects to the fast-moving ones, deferring the implementation of new projects that do not have Investment Coordination Committee and NEDA Board approval or are difficult to implement immediately,” Recto said, adding that while the government is pushing for infrastructure and job creation, social protection will also be on top of government’s agenda.

He encouraged the business sector to look at opportunities during crisis to realize further growth after a period of hardships. “Let us take advantage of the situation and begin even this early to prepare ourselves again to gain from the eventual global economic rebound,” the socioeconomic planning secretary advised.

THE CHIEF JUSTICE PUNO CONTROVERSY

This post is also emailed to many Manila-based reporters.

THE CHIEF JUSTICE PUNO CONTROVERSY:
AGAIN, SO THE PUBLIC MAY KNOW

CHIEF JUSTICE REYNATO PUNO COMMITTED AN IRREGULARITY
IN A CASE PENDING BEFORE THE SUPREME COURT BUT DENIES IT.
AS REQUESTED BY THE PUBLIC, HERE ARE THE PERTINENT DETAILS.

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THE FACTS

In February 2008, Louis "Barok" Biraogo filed a petition in the Supreme Court en banc questioning the use of public funds to pay the salary of Negros Oriental Representative Jocelyn Sy Limkaichong on the ground that she has been declared an alien by final judgment of the Commission on Elections (Comelec). His petition (G.R. No. 179120) was consolidated with other similar petitions against Limkaichong (G.R. Nos. 179132-33 and G.R. Nos. 179240-41). By June 2008, Biraogo filed his last pleading and consequently, pursuant to Section 15 (2), Article VIII of the 1987 Constitution –


"A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself."


the consolidated cases were deemed submitted for decision.

The Supreme Court en banc eventually arrived at the conclusion that Limkaichong is, indeed, an alien disqualified from membership in the House of Representatives, and Associate Justice Ruben T. Reyes was assigned to write the Decision of the Court. In its session held on July 15, 2008, the Court en banc unanimously approved the Decision or ponencia written by Justice Reyes. All 14 Associate Justices of the Court affixed their respective signatures on the Decision written by Justice Reyes. Seven (7) Justices concurred in (agreed with) the conclusion of the Court that Limkaichong is an alien and the reasons for arriving at that conclusion, while seven (7) concurred in the result, i.e., agreed with the conclusion of the Court that Limkaichong is an alien, without necessarily agreeing with the reasons therefor. Nobody, not even Chief Justice Puno himself, dissented or disagreed. All this is admitted by the Court in its Resolution dated December 10, 2008 –
"During its session on 15 July 2008, the En Banc continued its deliberations on the ponencia of Justice Ruben T. Reyes in these consolidated cases. Since no one raised any further objections to Justice Reyes' ponencia, the En Banc approved the ponencia with a number of Justices saying that they were concurring 'in the result.' Justice Reyes then circulated immediately his ponencia for signature by the Justices during the same session. … "


On August 26, 2008, the Supreme Court heard oral arguments in the Biraogo and related petitions. Former U.P. law school Dean Pacifico Agabin (a good friend and fraternity brother of Chief Justice Puno) joined the case for the first time and argued for Limkaichong. Assistant Solicitor General Renan Ramos (also a fraternity brother of the Chief Justice) also joined the case for the first time and represented the Comelec. Ramos sided with the Limkaichong, prompting Justice Reyes to ask Ramos why he was defending Limkaichong instead of his client, the Comelec. Strangely, the oral arguments were held more than a month after the petitions were deemed submitted for decision. After the oral arguments, the petitions were deemed submitted for decision a second time around, in circumvention of Section 15 (2), Article VIII of the 1987 Constitution quoted above.

In October 2008, an unidentified "concerned employee" of the Supreme Court sent Biraogo a brown envelope containing a letter together with a copy of the Decision written by Justice Reyes bearing the signatures of all 14 Associate Justices and a document captioned Reflections prepared by Justice Antonio T. Carpio. In the letter, the "concerned employee" told Biraogo that the Supreme Court had already ruled against Limkaichong, but Chief Justice Puno was delaying the promulgation or public release of the Decision to allow him and Justice Carpio enough time to convince his colleagues to change their minds and rule this time in favor of Limkaichong.

On December 9, 2008, Biraogo held a press conference decrying the suspicious role of Chief Justice Puno in the undue and unwarranted delay in the promulgation of the Decision written by Justice Reyes. The next day, the Supreme Court issued a Resolution admitting the authenticity of the copy of the Decision in the custody of Biraogo but claiming that it is an "unpromulgated ponencia." Promulgation was not possible in the meantime, the Court said, because the Decision did not have "doctrinal value" or the vote of at least eight (8) Justices and a decision ousting a sitting Member of the House of Representatives must have doctrinal value. The Court also ordered Biraogo to explain why he should not be punished for contempt for calling a press conference and inviting public attention to the "unpromulgated ponencia" of Justice Reyes.

In his explanation to the Court, Biraogo said that what he did was in the exercise of his constitutional right to free speech, and that there was nothing wrong with inviting the attention of both the Supreme Court and the public to an irregularity in the administration of justice.

The Supreme Court has not yet made a ruling on its threat against Biraogo but its spokesman, Atty. Midas Marquez, has been making the rounds of the media denouncing the Biraogo exposé as a lie and an attempt to distract the public from charter change overtures from Malacañang. Chief Justice Puno, too, has joined the affray saying there was nothing irregular in the handling of the cases against Limkaichong.


LET THE TRUTH SET US FREE !



CHIEF JUSTICE PUNO TALL TALE NO. 1

The Decision written by Justice Reyes and signed by all 14 Associate Justices of the Supreme Court is a mere draft, and before it is promulgated, the Justices may still change their votes and rule in favor of Limkaichong. As of the first working Tuesday of January 2009, the Court was still deliberating on the Limkaichong cases


THE TRUTH

Section 13, Article VIII of the 1987 Constitution provides –

"SEC. 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Member who took no part, or dissented, or abstained from a decision or resolution must state the reason therefor. …"

This provision of the Constitution clearly states that once a Justice is assigned by the Supreme Court to write the Decision in a case (the ponente), it means that –


ONE. The Court had already arrived at its conclusions in that particular
case; and

TWO. Its conclusions were arrived at in consultation with each other.


Simply put, the designation of the writer or ponente of a case means that a final decision has been arrived at by the Supreme Court. The final character of the decision is confirmed by the use of the term conclusions in Section 13, Article VIII of the Constitution. Thus, the Decision written by Justice Reyes is the final Decision of the Supreme Court en banc in the Limkaichong case and being the final Decision of the Court, it may no longer be altered or modified as if it were a mere draft. Besides, draft decisions of the Court bear the word "draft." The Decision signed by the 14 Associate Justices does not bear the word "draft." By its nature, a final decision cannot be subjected to further deliberations. It may be deliberated upon once more only after and not before a motion for reconsideration is filed with the Court within the period allowed for it.


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CHIEF JUSTICE PUNO TALL TALE NO. 2

The Decision written by Justice Reyes does not meet the requirements of Section 14, Article VIII of the 1987 Constitution.


THE TRUTH

Section 14, Article VIII of the 1987 Constitution provides –

"SEC. 14. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based."

The Decision written by Justice Reyes consists of 36 pages. It recites the pertinent facts of the case and cites the numerous constitutional provisions and laws upon which its ruling is based. There are 37 footnotes supporting its citations. Clearly, the Decision satisfies the requirements of Section 14, Article VIII of the Constitution. Whether or not some Justices agree with the Decision does not change the nature of the Decision.


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CHIEF JUSTICE PUNO TALL TALE NO. 3

The Decision written by Justice Puno cannot be promulgated because it has no doctrinal value. Also, a decision unseating a Member of the House of Representatives must have doctrinal value.



THE TRUTH

There is nothing in the Constitution and in the law which states that a decision of the Supreme Court cannot be promulgated if it has no doctrinal value. Philippine jurisprudence is rich with instances where the Supreme Court promulgated its decision even if the same has no doctrinal value. These cases include Morales, Jr. v. Ponce Enrile (121 SCRA 538 [1983]), Gonzales v. Kalaw Katigbak (137 SCRA 717 [1985]), Co v. Electoral Tribunal (199 SCRA 692 [1991) and League of Cities v. Commission on Elections (G.R. No. 176951, November 19, 2008). To say that Limkaichong cannot be unseated from Congress by way of the Decision written by Justice Reyes unless it has doctrinal value is to give Limkaichong special treatment she does not deserve. To do so also suggests that the standard of justice for a Member of Congress is different from that for an ordinary citizen. The special treatment in favor of Limkaichong is a brazen violation of the equal protection clause of the Constitution which mandates that people similarly situated should be treated similarly. Besides, the ruling of the Court in Co v. Electoral Tribunal cited earlier involved a Member of Congress but it got promulgated even if it did not have doctrinal value.


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CHIEF JUSTICE PUNO TALL TALE NO. 4


In its Resolution dated December 10, 2008, the Supreme Court en banc said


"During its session on 15 July 2008, the En Banc continued its deliberations on the ponencia of Justice Ruben T. Reyes in these consolidated cases. Since no one raised any further objections to Justice Reyes' ponencia, the En Banc approved the ponencia with a number of Justices saying that they were concurring 'in the result.' Justice Reyes then circulated immediately his ponencia for signature by the Justices during the same session. After the session and during lunch, Chief Justice Reynato S. Puno noted that seven (7) Justices concurred 'in the result' of the ponencia of Justice Reyes. Justices Minita Chico-Nazario and Teresita Leonardo De Castro then informed the Chief Justice that they too would concur only 'in the result.' Since nine (9) Justices, not counting the Chief Justice would concur only 'in the result,' the Justices unanimously decided to withhold the promulgation of the ponencia of Justice Reyes. It was noted that if a majority concurs only 'in the result,' the ponencia has no doctrinal value. More importantly, any decision ousting a sitting member of the House of Representatives should spell out clearly the legal basis relied upon by the majority for such extreme measure. Justice Antonio T. Carpio then volunteered to write his Reflections on Justice Reyes' ponencia for discussion in the next En Banc session. During its session on 22 July 2008, the En Banc deliberated on Justice Carpio's Reflections. As a result, the En Banc unanimously decided to hold oral arguments on these consolidated cases on 21 August 2008."



THE TRUTH

Like all sessions of the Supreme Court en banc, the session held on July 15, 2008 started at 10:00 o'clock in the morning. According to the Resolution, it ended at lunchtime. That meant that the Justices had only two (2) hours to resolve its agenda for that morning, including the Limkaichong case which was Item No. 52. From all indications, the Court did not have sufficient time to deliberate on the Limkaichong cases judiciously within that limited time. Moreover, Justices of the Supreme Court do not sign decisions simultaneously in one sitting. According to Marquez in one of his public comments, a decision is sent to the offices of each of the Justices one by one, from the most junior Justice up to the Chief. How the signatures of 14 Associate Justices were obtained between 10 o'clock in the morning to lunchtime in a case that was designated Item No. 52 in the agenda is virtually impossible. All this means that there is no truth to the scenario mentioned by the Court in its Resolution dated December 10, 2008.

Mmes. Justices Nazario and De Castro did not simply "concur in the result" as the Resolution claims. They both concurred. The Decision written by Justice Reyes which recites how the 14 Associate Justices voted confirms this.

Contrary to what is stated in the Resolution of the Supreme Court dated December 10, 2008, it is not true that the Court en banc "unanimously decided to hold oral arguments on these consolidated cases on August 21, 2008" as a consequence of its having deliberated on the Reflections written by Justice Carpio during its session held on July 22, 2008. The decision of the Court to hold oral arguments was arrived at not on July 22, 2008 but on July 29, 2008. This is also confirmed by newspaper stories published on July 30, 2008. Also, if its having deliberated on the Reflections of Justice Carpio is the sole reason why the Court decided to hold oral arguments, then the Court conveniently forgot about the motion filed by Limkaichong asking the Court to hold oral arguments, as well as the ruling of the Court granting the Limkaichong motion. In addition, how come the press releases of Limkaichong relating to her motion to hold oral arguments got printed in several newspapers around that time the Court was supposedly deliberating on the matter? Also, why did Limkaichong ask for oral arguments only months after the case was submitted for decision the first time around? Did Limkaichong get advance information from someone in the Court? These are the serious questions left unanswered by the Resolution dated December 10, 2008.

Finally, the oral arguments were held not on August 21, 2008 as stated in the Resolution but on August 26, 2008.



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CHIEF JUSTICE PUNO TALL TALE NO. 5


Chief Justice Puno can validly refrain from signing the Decision written by Justice Reyes even after all 14 Associate Justices had already signed it.



THE TRUTH

There is no provision of law which allows the Chief Justice to refrain from signing the Decision written by Justice Reyes. The Decision already embodies a pronouncement of the Supreme Court en banc duly deliberated upon in consultation between and among the Justices, and there is no valid reason for the Chief Justice not to sign the same. The promulgation of a Decision of the Court should not be left to the whim of the Chief Justice. After all, the Chief Justice is only one (1) of 15 Justices who make up the Supreme Court en banc. The Chief Justice is not the Supreme Court en banc. He is not the Supreme Court.

In its Resolution dated December 10, 2008, the Supreme Court en banc admitted that there were no objections to the ponencia written by Justice Reyes, not even from Chief Justice Puno. This means that the Decision written by Justice Reyes was unanimously approved by all 15 Justices of the Court. Being so, the Chief Justice has no valid and lawful basis not to sign the same.

Since the conclusions of the Supreme Court embodied in the Decision written by Justice Reyes were already arrived at by the Court after due consultation among the Justices, then it is the duty of the Chief Justice to issue a certification to that effect as mandated by the second sentence of Section 13, Article VIII of the 1987 CONSTITUTION (which uses the modal shall thus denoting a compulsory duty) –


" … A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. …"


If the Chief Justice has the legal obligation to issue such a certification, then it logically follows that the Chief Justice has the duty to sign the Decision written by Justice Reyes.

Considering that all 14 Associate Justices have already signed the Decision written by Justice Reyes, the refusal of Chief Justice Puno to sign the Decision means that he is unilaterally repudiating the legal basis of the signatures of the 14 Associate Justices. Chief Justice Puno has no constitutional or statutory power to make such unilateral repudiation.

As stated earlier, once the Supreme Court en banc has already arrived at its conclusions in a decision, no Justice is allowed to change his or her vote, especially where practically every other Justice had already signed the same. This is the underlying spirit of Section 13, Article VIII of the 1987 Constitution cited earlier. Since Chief Justice Puno is not constitutionally permitted to change his vote, then it is his legal obligation to sign the Decision written by Justice Reyes. If Chief Justice Puno wants to change his vote, he may only do so upon a motion for reconsideration timely filed with the Court en banc.

At any rate, the Resolution itself admits that the Decision of Justice Reyes was due for promulgation but aborted the promulgation when it stated that –


"… the Justices unanimously decided to withhold the promulgation of the ponencia of Justice Reyes."

Wednesday, January 07, 2009

Subic sees modest growth despite global recession

SUBIC BAY FREEPORT — Despite forecasts of an even grimmer economic picture this year as a compounded result of the global financial crisis in 2007, the Subic Bay Metropolitan Authority (SBMA) said it is optimistic of continued growth in “anchor industries” to keep the Subic Bay Freeport afloat even in turbulent waters.

SBMA Administrator Armand Arreza said on Monday that the agency expects modest growth in Subic’s tourism, manufacturing and maritime sectors as these “are likely to defy the global slowdown due to their firm foothold in the market.”

These sectors, he explained, turned out the bulk of the P4.21 billion total investments that the SBMA approved in December 2008 — fresh infusions that Subic managed to secure even after the impact of the global financial meltdown began to sink in.

The new investments, Arreza said, brought total committed investments in Subic to $5.75 billion as of end-2008, and are expected to add at least 1,000 new jobs to Subic’s active work force of about 85,000.

In the short term, Arreza said that growth may be generally flat in 2009, especially for certain companies in the manufacturing sector.

“But in the long haul, we expect the tide to turn and eventually lead to recovery,” Arreza said.
“There should even be opportunities in the lean months, as some firms would shift production to more cost-competitive locations like Subic,” he added.

In particular, Arreza said the tourism industry in Subic should prove to be resilient amid the expected slowdown because of its own local market niche.

In addition, he said that the SBMA and Subic business locators are now tapping the foreign market to bring in more tourism revenue.

An example of the more enterprising firms, Arreza said, is Subic golf course operator Hanafil, which was scheduled to bring in on Monday night the first planeload of golf players from South Korea under its “golf junket” program.

Arreza added that Subic is also eyeing the still emerging but potentially huge Chinese tourist market, which is expected to reach 100 million by 2015, by building more facilities and adding to Subic’s repertoire of nature theme parks and adventure sports attractions.
- more -
He said that Ocean Adventure, one of the popular tourist draws in Subic, is expanding this year and will build a hotel at the nearby Camayan beach resort that it also operates.

Anticipating bigger tourist turnouts in Subic this year, Puregold Duty Free also embarked recently on a $50-million expansion program for its duty-free retailing business here, Arreza added.

In the logistics sector, Philip Morris will be putting up in Subic this year a P1-billion warehouse to expand its tobacco leaf supply hub for Southeast Asia. This facility is expected to accommodate up to 24,500 metric tons of tobacco leaves.

Meanwhile, the manufacturing sector is also expected to provide its share in Subic’s continued growth, as indicated by expansion projects for factories and construction of new production facilities worth over $25 million.

Several manufacturing firms in Subic, including Japanese ATM manufacturer Hitachi Terminals, Taiwanese lock maker Tong Lung and abrasives producer Tailin, are slated to build or start operating bigger facilities this year.

On the other hand, the maritime industry, headlined by shipbuilder Hanjin Heavy Industries Co.-Philippines, is expected to continue boosting Subic’s revenue and employment generation programs by turning out 15 new container vessels this year.

The company had so far launched four 4,300-TEU container ships that cost around $60 million each from its Subic shipyard, and expects a faster pace of production in 2009 as its more than 15,000 Filipino workers become more familiar with the shipbuilding process.

“By and large, Subic’s core industries will see it through this economic slowdown,” Arreza said.

“Overall prospects may be dampened by some effects of the global crunch, but we expect modest gains — then possibly, full recovery in two to three years, as the new investment projects we signed in last year begin to kick off,” he added. (30)


PHOTO:

NEW SUBIC INVESTORS: SBMA Chairman Feliciano Salonga (6th from left) and SBMA Administrator Armand Arreza (4th from right) pose with new investors, who are among the 34 business locators that signed investment contracts worth P4.21 billion with the SBMA last December.

DOLE Reiterates Livelihood, Employment Assistance to Displaced OFWs

Labor and Employment Secretary Marianito D. Roque today reiterated that overseas Filipino workers (OFWs) who have lost their employment or may also be displaced due to the global financial crisis can avail of livelihood assistance or find another job locally or overseas under the contingency plan of the Department of Labor and Employment (DOLE).

Roque also said that local workers who may be adversely affected by the financial crisis could also avail of the same assistance from the DOLE.

He said affected OFWs could seek assistance from the National Reintegration Center for OFWs (NRCO) in Intramuros, Manila or at the regional branches of the Overseas Workers Welfare Administration (OWWA). Affected local workers, on the other hand, could go to the nearest regional or provincial DOLE office for assistance.

He said that assistance to the affected workers under the DOLEʼs contingency plan primarily involves either helping them set up livelihood or income generating projects or finding them another suitable employment locally or overseas.

For displaced OFWs or local worker who prefer to engage in business undertakings, Roque said that they would be initially granted an assistance package consisting of 1) entrepreneurship counseling, 2) entrepreneurship training, and 3) access to equipment.

An accredited co-partner (ACP) of the DOLE would provide the assistance to the workers, Roque said adding that the initial assistance could be enhanced if the beneficiary wanted to.

The Labor and Employment Secretary also said that DOLE and OWWA are also prepared to assist OFWs and local workers who want to form business or livelihood cooperatives. He said that a workersʼ coop would be granted loans depending on the number of its members.

He said the mechanism aims to develop the capability of the workers to collectively start and manage a business or livelihood undertaking, adding the beneficiaries would be assisted to form a project management team which will direct and supervise the daily operation of their business.

At the same time, the NRCO and the Philippine Overseas Employment Administration (POEA) would provide the necessary assistance to OFWs as well as local workers wanting to find another employment overseas.

Those who want local employment, on the other hand, can seek assistance from the Bureau of Local Employment or at the nearest DOLE office.

Filipino Managers See Rewarding Career with StarTek

StarTek Culture, Work Environment Offer Personal, Professional Growth

StarTek chose the Philippines as the location for an offshore facility for a number of reasons: The large talent pool of highly literate, college-educated English speakers; reliable communications infrastructure providing dedicated connectivity to the U.S. and ensuring high voice quality; and a cost-effective operating environment.

Among these motivations, according to a senior company executive, people and the Filipino talent for sincerely and credibly engaging customers deserve special mention. “Filipinos are genuinely interested in solving customer’s problems,” said Susan Padley, StarTek general manager and vice president. Padley leads the pioneer team based in the StarTek Philippines facility located on Jupiter Street in Makati City.

StarTek began operations in its Makati City facility in October. In the months before the opening, Padley recruited a team of Filipino managers with extensive experience in contact center operations. “We initially hired coaches, team leaders, and operations managers to put a leadership team in place along with IT and human resources (HR) professionals,” Padley said.

The company’s strategy for successfully launching its Philippines facility is anchored on that pioneer management team, which numbers about 20 individuals who Padley says view the industry as a career.

A former barista at a popular international coffee shop, Francis Fuentes, 31, spent his first five years in the industry with two other major call centers. Fuentes had no plans of working in a call center when he spent his days serving coffee back in 2002.

“No one knew about call centers then,” Fuentes said. “But eventually, I began to suspect that this new industry would become something big someday so I tried applying and the rest is history.”

Fuentes first handled inbound and outbound sales for a variety of accounts as a customer service representative. “This opened a lot of opportunities for me. My call center experience allowed me to better engage with customers and other individuals,” he said. His hard work paid off when Fuentes was promoted to team leader and he began learning the ropes of effective management. “It was a difficult but rewarding experience. I learned to manage people not only to produce results but to make life better for them.”

As a pioneer Team Leader at StarTek, Fuentes has big plans for his team of 18 agents. “We’re a start-up, and StarTek has a lot of room for growth,” he said. “I want to support my agents so that they are successful and achieve early regularization and begin mapping out their own career development plans.”

Ted Melendres, 29, also wants the best for her “power team” of agents. A pioneer Team Leader like Fuentes, Melendres is also keen on motivating her team and honing their skills through specialized training and development opportunities. She says that as pioneer leaders and agents, she and her team envision a bright future in StarTek.

“There are tremendous opportunities for growth when you’re part of the pioneer group. Contact centers pay a lot of attention to the pioneer agents because they know they are so critical to the start-up facility’s success,” said Melendres, who was also part of a pioneer group in her previous company.

An avid scuba diver and yoga enthusiast, Melendres used the discipline she developed pursuing those pastimes to excel as an agent. In her new role as a StarTek Team Leader, Melendres is eyeing a similar development path for her team. “I want to mold agents to become ‘star advisors’ for the company,” Melendres said.

That’s also true for StarTek’s pioneer Recruitment Supervisor, Kooky Luis, 29, an ex-band member who values the opportunity to develop other people’s skills. Before joining the call center industry, Luis served as a teacher in the Sacred School Jesuit pre-school for three years after graduating with a degree in BS Psychology from the University of San Carlos in Cebu in 2000.

“After teaching, I wanted to expand my horizons,” Luis said. “This is what call centers gave me—an opportunity to reach out to more people and improve their knowledge and skills. I really saw a future in it.”

Luis served in call centers in Cebu, Bacolod, and Roxas City, where she gained valuable experience in HR management, and moved up the corporate ladder from recruitment specialist to HR officer. She has worked in five call centers and has been consistently recognized for excellent customer service. As Recruitment Supervisor for StarTek, Luis is developing policies and programs to support the individual needs of agents.

“I want them to grow with us and share in our success,” Luis said. “StarTek has been around for 21 years and they’ve established 22 sites including the Philippines, which is very impressive for a contact center,” Luis said. “It speaks of excellent performance and stability as a company.”

According to Padley, people who join StarTek typically find a life-long career with the company. “This is the pattern for achievers in this company. We have been in the industry for 21 years and just that record ensures our employees a future.”

“The main reason employees stay with StarTek is the culture,” Padley adds. StarTek’s culture values the contribution of individual employees to the organization and provides programs and benefits for personal and professional growth.

Melendres concurs. “StarTek is big on recognizing agents as front-liners because they spearhead the company’s success. That’s exactly what I want in a workplace. This is one of the reasons why I joined the company.”

StarTek’s open-door policy is a visible example of the highly interactive culture in the company, and the high regard employees at all levels have for others. Luis says this is why StarTek stands out among other call centers. “What struck me the most about StarTek is that our superiors allow us to voice our concerns and ideas. This is one big factor why I joined the company.”

In the months following the soft opening of the StarTek Makati facility, the pioneer management team has focused on making StarTek a positive and healthy work environment. As operations ramp up, their focus will be on sustaining and leveraging that culture to deliver the superior customer experiences StarTek is known for, said Padley.

FedEx Initiates Flight Operations Test at its New Asia Pacific Hub in Baiyun International Airport in Guangzhou

Flight represents another milestone to full operational readiness of the facility

GUANGZHOU - FedEx Express (FedEx), a subsidiary of FedEx Corp. and the world’s largest express transportation company, today announced the successful completion of its first flight operations test at the new Asia-Pacific Hub at Guangzhou in southern China. As a checkpoint to gauge the new operation’s readiness, the achievement signified another milestone for the new hub in the lead up to its scheduled commencement of operations on February 6, 2009.
The MD-11 aircraft landed at 5:50 a.m. at Baiyun International Airport from Subic Bay, Philippines. The flight was handled by the new FedEx hub team, utilizing the FedEx ramp control tower and the new 24,000 package per hour sort system. Following a successful operations’ process, the flight departed on time for its final destination at Charles de Gaulle International Airport in Paris, France. This Asia-Europe flight route will operate four times per week.
“Today’s flight operations test in Guangzhou represents a significant step in our preparations for the opening of the largest FedEx hub outside the United States,” said David L. Cunningham Jr., president, Asia Pacific, FedEx Express. “The hub reinforces our long-term commitment to this region and will further stimulate trade to and from the EU and Asia, and between the US-Asia trade lanes by providing our customers with fast and reliable service between the largest marketplaces in the world. In addition, the economic impact brought about by such an investment would benefit local businesses, the local economy and customers in China, as well as around the region.”
“The flight operations test was a success. It represents a major milestone in the opening of our new Asia Pacific hub,” said Dennice Wilson, vice president, planning, engineering & hub operations, Asia Pacific, FedEx Express. “When operational, customers will receive the seamless, reliable service they expect from FedEx. I’m proud of the team’s achievements. They have delivered an outstanding performance.”
“It is gratifying to see the new FedEx Asia-Pacific Hub conduct a real field test after many months of development and with great support from the government authorities of Guangdong province, Civil Aviation Administration of China and other administration departments,” said Liu Zijing, vice president of Guangzhou Airport Management Corporation. “The flight operations test set up a good beginning for when the FedEx hub in Guangzhou goes into full operation. The flight operations test is not only a key factor to determine if the hub is ready for operations, but also a necessary procedure. The Airport has made the necessary preparations for the hub to be fully operational. We attach great importance to this flight operations test since it is a chance to show our accomplishments. We look forward to when the hub begins full operations.”
The new FedEx Asia-Pacific hub will be the largest facility of its kind outside of the U.S. and represents a US$150 million capital investment. The facility will be the center point of FedEx Asia Pacific operations for the next 30 years. Over the past several months, several key milestones were achieved, including IT, training of more than 900 new employees, and the installation of the hub package and sorting system. The new hub also features its own ramp control tower—a first for an international air express cargo company facility in China.