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C E N T E R F O R L I B E R A L I S M & D E M O C R AC Y

THIRD QUARTER 2020 | ISSUE # 3


MIR A N D A

“We are repressing our freedoms! We


are in fact destroying our democracy!
Why are we adding terror to terror?” Photo by ITM

-KIT BELMONTE

TOWARDS DEMOCRACY ANATOMY THE RESILIENCY


AN INCLUSIVE UNDER OF A FAILED OF THE
AND SUSTAINABLE SIEGE PANDEMIC FILIPINO
POST PANDEMIC RESPONSE SPIRIT
PHILIPPINES
1
editor’s
MESSAGE

We are still in the midst of the pandemic, Elroy Rendor also prepared a well- The reactions of the party’s
caught between BC (before COVID-19) researched briefer on the proposed international allies, the Council of
and AD (after the discovery of the Bayanihan 2 Act. The second section Asian Liberals and Democrats (CALD)
vaccine). is “Democracy Under Siege”. Last and Liberal International (LI), to these
Independence Day (June 12), more than issues are also included.
How often have we heard that things a thousand demonstrators held a rally at
can only be back to normal if the cure to the main campus of the University of the Tyrants and populists continue to use
the coronavirus is finally discovered and Philippines to oppose the anti-terror bill. the pandemic to further strengthen
masses of people are vaccinated. In the Not only was it peaceful but the activists their authoritarianism rule. But I know
meantime, we have no choice but live practiced the usual health protocols. of no democratic country that has
within the parameters of the new normal— For them to take such risk reflects the become less democratic to address
quarantine, social distancing, wearing severity of the bill’s implications as a real the COVID-19 crisis. Nor of any
masks and frequent hand washing, mass threat to human rights and civil liberties, authoritarian leader who has suddenly
testing, and other precautionary measures. especially given the track record of decided to become democratic.
the current regime when it comes The pandemic, in my opinion, has no
The pandemic has so changed the world to systematic repression, including bearing in terms of tendencies and
that it also altered the context of the extrajudicial killings. propensities to move to opposite
term “new normal” which before referred sides of the political spectrum. It has
to a globe altered by climate change and As Liberal International observed, merely reinforced leaders’ existing and
the increasing frequency and intensity of “Joining a growing list of corona-dictators prevailing attitudes and behaviors.
natural disasters. determined to exploit the COVID
pandemic to shore-up their support In the third section, the most famous
Much as the new normal, in the COVID-19 and raze liberal-democratic freedoms, victim of Duterte’s intolerance, the
sense, may be viewed as temporary or Rodrigo Duterte, notorious president still incarcerated Senator Leila de Lima,
transitory while we are still between BC of the Philippines, has successfully gives a critical analysis of the current
and AD, the question is: do we really want fast-tracked human-rights compromising administration’s response to the
the old normal as the mode and model of legislation through congress, effectively pandemic in a four-part series where
a post-pandemic society? removing legal protections guaranteed in she brilliantly embarked on an analysis
a liberal democracy.” of key areas of budget interventions,
We don’t have to and we should not. The welfare and social protection, medical
pandemic, despite its massive cost in Last June 15, a Manila Trial Court response and health sector support,
terms of human health and the economy, convicted Rappler founder and editor, and human rights and peace & order.
is packed with learning opportunities. It Maria Ressa, and a colleague for violating
would such a tragic waste not to learn the Cybercrime Prevention Act, the first The fourth part is “The Resiliency of
from this experience. journalists to be convicted of cyber libel. the Filipino Spirit”. In an era of eroding
democracy, one leading steadfast
Three issues come to mind: (1) the This draconian legislation, the closure of keeper remains committed to the cause
lockdown has given nature a much ABS-CBN last May 4, and the conviction of freedom, women empowerment and
needed respite; thus, exposing the of an internationally renowned and good governance as reflected in the vice
extent of damage of human activities on respected journalist not only show president’s inspiring speeches, including
the environment; (2) good governance, Duterte’s distaste for freedom, justice her much admired Ulat, Mungkahi ukokl
transparency, accountability, science- and human rights and the rule of law sa Pandemya, at Mensahe ng Pag-Asa.
based solutions and citizenship but it also exposes the government’s
engagement have proven to be the best ineptitude. Despite its dismal August 21 is a date very much
solutions to address the crisis while a performance vis-à-vis the most serious associated with the Liberal Party,
hardline, militaristic and populist approach global health crisis in recent history when especially to two of its pillars—Senator
merely exacerbate the problem; and, (3) compared to other countries in Asia and Benigno “Ninoy” Aquino, Jr. and Senate
the biggest problem of society is still the beyond, the regime decided to resort President Jovito “Jovy” Salonga. “A
same—the immense and still widening to its default tactics of using force, Guerilla and a Gentleman” pays tribute to
social and economic divide within and militaristic solutions and the repression Ka Jovy and how the experiences of the
among nations. of dissent to address whatever crisis young WW2 freedom fighter became
comes its way. Isaac Asimov stated it so the crucible for greater challenges to
The first of four sections for this issue aptly, “Violence is the last refuge of the come. The undelivered letter of Ninoy
is “Towards an Inclusive and Sustainable incompetent.” dated August 21, 1983 is reprinted
Post-Pandemic Philippines”. The Center here as a reminder to the young, and to
for Liberalism and Democracy (CLD) One of the most vocal critics of the anti- the not so young but have conveniently
believes that economic stimulus, terror bill, Rep. Kit Belmonte, diligently forgotten.
food security, alternative energy, and explained the reason behind his voting
biodiversity-friendly enterprises must “no” to the said measure. Metro Manila and most of the country
be promoted not just in the new normal are no longer in a lockdown but the
but beyond. This is not a comprehensive The President of the Liberal Party, quarantine will remain until the much
list of solutions, not by any measure. Senator Kiko Pangilinan, and former anticipated discovery of a vaccine.
But these are the topics explored in Deputy Speaker Erin Tañada expressed Any era of hardship and restricted
this issue by Rep. Stella Quimbo, Gerry their various concerns and reservations freedoms—be it war, pandemic or
Bulatao, Cedric Flores and myself, regarding the fate of the country’s authoritarian rule—inevitably comes to
respectively. leading television network. an end.

JOHN JOSEPH S. CORONEL


coronel@cld.ph

2
contents
3RD QUARTER 2020 ISSUE

4 CLD Briefer : Bayanihan 2 Act


by Elroy Rendor

TOWARDS AN INCLUSIVE AND ANATOMY OF A FAILED PANDEMIC


SUSTAINABLE POST PANDEMIC RESPONSE
PHILIPPINES
A Series of Critical Papers on the Duterte
12 ARISE Philippines Act: Flatten the Administration’s COVID-19
Curve, Not the Economy Interventions by Senator Leila M. de Lima
PUBLISHER: by Rep. Stella Quimbo
Center for Liberalism 78 Part I: Budget Interventions
& Democracy 25 Food Security During the Part II: Welfare and Social
Pandemic and Beyond Protection
EDITOR: by Gerry Bulatao 86 Part III: Medical response and
John Joseph S. health sector support,
Coronel 38 Making a Case for Renewable Part IV: Human rights and Peace
Energy Use & Order
by Cedric Flores
CONTRIBUTORS:
THE RESILIENCY OF THE FILIPINO SPIRIT
Gerry Bulatao, 44 Biodiversity Friendly Enterprises:
Jed Elroy E. Rendor, The Synthesis of Conservation, Women Power and Human Rights
Cedric Flores Livelihood & Social Equity
by John Coronel 106 Empowering Women Means
EMAIL: Helping The World
plazamiranda@cld.ph by Vice President Leni Robredo
DEMOCRACY UNDER SIEGE
FREQUENCY: 108 Ulat, Mungkahi ukol sa
Quarterly Lawfare against the Fourth Estate Pandemya at Mensahe
ng Pag-Asa
59 Deplorable Shutdown during the By Vice President Leni Robredo
ISSN: 27894204
Lockdown:
Sen. Kiko Pangilinan and fmr. Deputy Gone with Glory
with the support Speaker Erin Tañada on ABS-CBN
of the Friedrich Franchise and Closure 112 A Guerilla and a Gentleman
Naumann Foundation By John Coronel
and the Liberal Party 65 Asian Liberals condemn
Network Shutdown and Media 116 The Undelivered Speech of
Persecution Sen. Benigno “Ninoy” Aquino, Jr.

#JunkTerrorBill

67 Why I voted “NO” to the Anti-


Terror Bill
by Rep. Kit Belmonte

77 Liberal International: Duterte’s


‘anti-terror bill’ a vicious
blow to Philippines’ freedom

The views, thoughts, and opinions expressed in this magazine belong solely to the authors, and do
not necessarily reflect the official position of the publisher and its affiliate organizations.

3
CLD Briefer

Bayanihan 2 Act
BY ELROY RENDOR, EXECUTIVE DIRECTOR
CENTER FOR LIBERALISM & DEMOCRACY

On 03 June 2020, the Senate approved on second reading Senate Bill No. 1546i
or the “Bayanihan We Recover as One Bill.” The bill, aptly referred to as the
“Bayanihan 2” Act, seeks to extend the government policies laid out in Republic
Act No. 11469ii or the Bayanihan 1 Law in responding to the SARS-CoV-2
(COVID-19) pandemic. However, R.A. 11469 has expired last 25 June 2020 and
Bayanihan 2 remains up for debate.

SALIENT POINTS OF THE BILL

The bill covers an array of new and continued policies to address COVID-19, and
the notable points are grouped based on themes below. The more contentious
points will be discussed in the succeeding section.

SOCIOECONOMIC RESPONSE

• Principles for recovery interventions – Sec. 3 lays out key principles


for “(mitigation of) the adverse impact on and “immediate relief” for firms
and households due to the pandemic.

• Cash/wage subsidies – Sec. 4. f. seeks to continue the following: (i)


a cash subsidy of PhP 5,000 to PhP 8,000 (adjusted based on regional
minimum wage rates) for those in the informal sector, and (ii) cash-for-
work for displaced workers or wage subsidy of PhP 5,000 to PhP 8,000 for
employees of small businesses.

• Credit for MSMEs – Sec. 4. r. encourages the provision of credit for


productive Micro, Small, and Medium Enterprises (MSMEs) especially
those in the rural areas. The specific loan terms have been removed
and the grants should be under “concessional terms in accordance with
prudential standards.”

• Incentives for manufacturing and importation of critical


equipment – to increase and guarantee the supply of critical goods
and equipment, Sec. 4. t. proposes incentives, and supply distribution
restrictions or the setting of price ceilings.

• Relief for affected OFWs – For OFWs affected by the pandemic, Sec. 4.
vv. proposes the adjustment of PhilHealth monthly contributions to PhP
300, PhP 375, and PhP 450 in 2020, 2021, and 2022, respectively. OFWs
who recently returned to ECQ areas shall also be eligible for the cash
subsidy in Sec. 4. f.

4
HEALTH GOVERNANCE

• Alignment with global protocols – Sec. 4. a. requires the state


to follow, adopt, and implement guidelines from the World Health
Organization (WHO) or the United States Center for Disease Control and
Prevention (CDC) and other global best practices.

• Faster and streamlined testing – Sec. 4. b. hopes to speed up and


streamline the accreditation of COVID-19 testing facilities. Sec. 4. c.
seeks to adopt a protocol for PCR testing through the coordination
of the Department of Health (DOH), the Department of Interior and
Local Government (DILG), the Department of Labor and Employment
(DOLE), the Department of Trade and Industry (DTI) and the Bureau of
Immigration (BI).

• COVID-19 special risk allowance - Sec. 4. g. proposes this additional


hazard pay for public health workers on top of their existing hazard pay
under R.A. 7305.

PUBLIC GOVERNANCE

• Special procurement rules until the expiration of the law – Sec.


4. o. seeks to grant special procurement powers (exemptions from R.A.
9184 or the Government Procurement Reform Act), along with special
procurement rules from the Government Procurement Policy Board
(GPPB) for the following:

• Medicines, personal protective equipment (PPEs), and other


goods for the containment and mitigation of COVID-19;

• Goods and services for social amelioration (albeit vague and


unspecified);

• Lease of real property or venue for housing health workers or


establishment of quarantine centers;

• Preparation and operation of temporary medical facilities;

• Utilities, telecommunications, and critical services for quarantine


centers and medical facilities; and

• “Ancillary services” (which are also vague and unspecified).

5
• Transportation and traffic – Sec. 4. x. and Sec. 4. y. seek to regulate
public and private transportation operations through land, sea, and air as
well as traffic on all roads, streets, and bridges.

• Budget realignment – Sec. 4. cc. seeks to extend the budget


realignment powers of Bayanihan 1, e.g. discontinuation of appropriated
programs, projects, or activities (P/A/P) in the FYs 2019 and 2020 General
Appropriations Act (GAA). Sections. 4. dd., ee., and ff., seek to extend the
power in Bayanihan 1 to abandon unutilized and unreleased balances in
special-purpose funds, national government agencies, and government-
owned and/or controlled corporations (GOCCs) and to realign savings.
Bayanihan 2, however, also introduces in Sec. 4. gg. the discontinuation
of automatic appropriations for debt service and available appropriations
for the redemption of maturing government securities.

• Support for education – Sec. 4. ss. seeks to use a portion of the


proceeds from the Special Education Fund for alternative learning
modalities and purchase of health equipment and supplies for schools.

• Authority to direct the operation of private establishments –


Sec. 7. reinstates the government power in Bayanihan 1 to direct the
operations of hospitals and medical facilities and public transportation
providers.

• Creation of ARISE, Inc. and FISTCs. – the bill proposes the creation of
ARISE, Inc. to pool private investment through the joint venture of LBP
and DBP, and FISTCs to free up liquidity from financial institutions (FIs).

ADMINISTRATIVE

• Sunset clause – The bill is proposed to remain in effect until 31


December 2020.

• Automatic appropriations – Sec. 8. of the bill proposes the following


automatic appropriations:

PURPOSE AMOUNT IN PHP


Procurement of PCR testing kits and expansion of DOH capacities 10,000,000,000.00
Cash-for-work for displaced workers, including the hiring of contract 15,000,000,000.00
tracers
Cash or wage subsidies 17,000,000,000.00
Infusion of capital to GFIs for the ff:

• Credit guarantee program of PhilGuarantee 5,000,000,000.00


• Support for banking facilities and equity infusion of the 30,000,000,000.00
LBP in Arise, Inc.
• Support for banking facilities and equity infusion of the 15,000,000,000.00
DBP in Arise, Inc.
Cash or loan interest rate subsidies of the Department of Agricul- 17,000,000,000.00
ture-Agricultural Credit Policy Council

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CLD Briefer: Bayanihan 2 Act

PURPOSE AMOUNT IN PHP


Programs of DOTr and partial subsidies for PUVs 17,000,000,000.00
Programs of DOT 10,000,000,000.00
Assistance to SUCs for new learning modalities 3,000,000,000.00
Additional scholarship funds of TESDA 1,000,000,000.00

POINTS RECOMMENDED FOR FURTHER DISCUSSION


Below are some questionable elements of the bill that merit further discussion:

Principles for recovery interventions


Sec. 3. of Bayanihan 2 lists the following general principles for recovery
interventions: (i) affordability and long-term fiscal sustainability, (ii) targeted, (iii)
time-bound, (iv) continuity, and (v) capacity-building.

The language in this section does not properly delineate principles among the
firm and the household sides of the economy, e.g. “critically-impacted sectors”
refer to firms when the issue of targeting is likewise crucial for households.

And while the five principles are laudable, the government will be hard-pressed
to find solutions that are both affordable AND targeted. Targeted interventions
must factor the costs in both (i) exclusion and (ii) inclusion errors. Exclusion
errors, or when the poor are omitted from the solution, is particularly devastating
for affected households. Inclusion errors, or when the non-poor receive
assistance, represent the opportunity cost of the limited public funds that could
have been given to those who need it more.

As shown in the blunders of the Social Amelioration Program (SAP) distribution,iii


the act of targeting itself is also operationally costly through leakages and
exclusion errors. Based on CLD’s roundtable discussion on SAP, it is important to
revisit the targeting approach when LGUs coordinate the distribution but become
the scapegoats of administrative delaysiv when local DSWD units are actually in
charge of distribution on the ground. Verification proved difficult, among other
operational challenges.

7
Inclusion errors can be considered preferable given the real challenges on the
ground (which causes dangerous delays for families who do not receive them)
and that geographically contiguous communities suffer relatively the same from
the pandemic. In this regard, the government may explore unconditional cash
transfers as it minimizes targeting costs but may also assist in economic recovery
at the national scale. Firms need liquidity and to translate liquidity infusions
to economic recovery, households must spend (instead of saving)—of which
unconditional cash transfers may also help.

Special procurement rules


Additional verification mechanisms before the GPPB sets the special
procurement rules may be explored. Further, additional transparency measures
after the award of the contract should be explored.

Discontinuation of unutilized automatic appropriations for debt service and


available appropriations for the redemption of maturing government securities
Given the piling amount of foreign loans (now at PhP 364 billion), the
discontinuation of automatic appropriations for debt service and redemption
of maturing government securities is not only unnecessary but will also worsen
the country’s debt profile. Rappler summarized the PhP 340 billion that the
government raised from foreign loans until 17 June.v The government then
secured another PhP 23.5 billion from Japan’s official development assistance.

Source Amount in Amount in Notes


million PHP million USD
1 Asian 150.00 3.00 Grant (3/13); for med supplies, tests, PPEs,
Development etc.
Bank (ADB)
2 ADB 250.00 5.00 Grant (4/1); for food supplies for 55,000
vulnerable households in MM
3 World Bank 25,000.00 500.00 Loan (4/9); for disaster rehab and recovery
planning, emergency cash transfers, etc.;
payable in 29 years, a grace period of 10.5
years
4 World Bank 5,000.00 100.00 Loan (4/23); for COVID-19 Emergency
Response Project
5 ADB 75,000.00 1,500.00 Loan (4/24); for COVID-19 response
6 ADB 10,000.00 200.00 Loan (4/27); emergency cash subsidies for
vulnerable households
7 Republic of 117,500.00 2,350.00 US-denominated global bonds (4/28)
the Philippines
Bonds
8 ADB 20,000.00 400.00 Loan (5/26); for capital market development
9 Asian 37,500.00 750.00 Loan (5/29); co-financed with ADB; for testing
Infrastructure capacity, cash transfers, wage subsidies
Investment
Bank (AIIB),
ADB
10 World Bank 25,000.00 500.00 Loan (5/29); aid for poor households and
small businesses; payable in 29 years, a grace
period of 10.5 years

8
CLD Briefer: Bayanihan 2 Act

Source Amount in Amount in Notes


million PHP million USD
11 ADB 25,000.00 500.00 Loan (6/17); for conditional cash transfers
(4Ps); payable in 29 years, a grace period
of 8 years; attached with $3.1m technical
assistance
12 Japan ODA 23,500.00 464.97 Loan (07/01); Crisis Response Emergency
Support Loan, payable in 15 years, a grace
period of 4 years
Total 363,900.00 7,272.97

Last June, debt from domestic sources was already at PhP 5.9 trillion, which was
up by 12.6% year-on-year.

Automatic appropriations
As shown in the table of automatic appropriations proposed by this bill, PhP
45 billion, or 32% of the PhP 140 billion, is intended for “support for banking
facilities and equity infusion” of the Land Bank of the Philippines (LBP) and the
Development Bank of the Philippines (DBP) for the establishment of the join
venture Arise, Inc. Meanwhile, the most important programs—cash or wage
subsidies, cash-for-work, and procurement of PCR testing kits—only receive 30%
in total.

ARISE, Inc.
Section 5 of the Bayanihan 2 Act proposes the establishment of “Accelerating
Recovery to Intensify Solidarity and Equity, Inc.” (ARISE, Inc.), through the joint
venture of the LBP and DBP, as a stock corporation organized under R.A. 11232.

The bill states that the objective of ARISE, Inc. is to “assist strategically important
companies affected by the COVID-19 pandemic to address solvency issues, such
as those with considerable impact on the economy including companies from
the agriculture, infrastructure, service, and manufacturing industries and other
industries.” The seven (7) board members shall be:
1. Secretary of DOF (ex officio chairperson);
2. President of LBP;
3. President of DBP;
4. Director to be appointed by the Monetary Board of the Banko Sentral
ng Pilipinas (BSP);
5. to. 7. Directors to be appointed by the LBP, DBP, and the private equity
investor.

However, once private equity reaches 50%, the members of the board shall then
be elected. Sec. 5. c. also allows for the divestment of government shares.

The bill shall also empower ARISE, Inc. to create subsidiaries and allow for equity
participation of private sector investors. While it prevents investees from issuing
cash dividends and gaining other benefits, ARISE, Inc. and its subsidiaries shall be
exempt from the following:
• R.A. 10149 or the GOCC Governance Act of 2011;

9
CLD Briefer: Bayanihan 2 Act

• National and local taxes, fees, and assessment for up to 3 years;


• R.A. 9184 or the Government Procurement Reform Act for up to 3 years;
• R.A. 10667 or the Philippine Competition Act for up to 3 years;
• R.A. 8791 or the General Banking Law of 2000 (period to be determined
by the Monetary Board);
• Sections 38 and 39 of Chapter 9 Book 1 of the Revised Administrative
Code of 1987

The only reasonable meaning for the existence of ARISE, Inc. is to isolate risks
and possible non-performing loans away from the balance sheets of LBP and
DBP. However, the business organizations that support this provisionvi should be
the last to be served by ARISE, Inc. as these businesses could absorb investment
risks on their own. Further, the setup of ARISE, Inc. does not guarantee it will
remedy “solvency issues” nor be able to absorb the risks for smaller firms who are
in true need of this support from development banks.

The setup of the joint venture is also questionable. ARISE, Inc. will be seeded by
GOCC funds, but leadership may end up in the private sector and government
shares may be divested. The exemptions to be granted should also be questioned
given that the case of Pasig City shows that transparency and competitive
biddingvii need not be sacrificed during the pandemic.

Further, in a setup where the private sector stands to gain the most, the extra
layer of creating a joint venture should be questioned, especially given the
regulatory exemptions proposed. Granted that exemptions in public bidding
may help speed up processes, then the bill should instead build on the relevant
provision on public bidding.

Financial Institutions Strategic Transfer Corporations (FISTCs)


Sec. 6 of the Bayanihan 2 bill incorporates some of the key points of House Bill
no. 6816 or the Financial Institutions Strategic Transfer (FIST) Act. The principles
proposed are indeed crucial in increasing much-needed liquidity. Given that
there is an existing bill for this, with a more fleshed out plan for the purchase of
non-performing assets, the H.B. no. 6816 may instead be considered for further
discussion.

Authority to direct the operation of private establishments


Given that this authority was unnecessary during the ECQ, Sec. 7. of Bayanihan 2
may be reconsidered. Further, the direct operation of the firms under this section
does not remedy the underlying lack of supplies and funding.

Endnotes
i https://www.cnnphilippines.com/news/2020/6/3/bayanihan-2-sb1546-second-reading.html
ii https://www.officialgazette.gov.ph/2020/03/24/republic-act-no-11469/
iii https://www.pna.gov.ph/articles/1106665
iv https://news.mb.com.ph/2020/06/26/lgus-to-get-their-day-in-house-sap-probe/
v https://www.rappler.com/thought-leaders/264259-analysis-duterte-coronavirus-loans-need-we-worry
vi https://www.philstar.com/business/2020/06/05/2018713/businesses-want-swift-ok-arise
vii https://newsinfo.inquirer.net/1301058/vico-cleanup-of-bidding-process-saved-pasig-city-p415m

10
Towards an Inclusive
and Sustainable Post
Pandemic Philippines

ARISE Philippines Act:


Flatten the Curve, Not the Economy
by Rep. Stella Quimbo

Food Security During the Pandemic and Beyond


by Gerry Bulatao

Making a Case for Renewable Energy Use


by Cedric Flores

Biodiversity Friendly Enterprises: The Synthesis


of Conservation, Livelihood & Social Equity
by John Coronel

11
Towards an Inclusive and Sustainable Post Pandemic Philippines

ARISE PHILIPPINES ACT:


Flatten the Curve,
Not the Economy
HON. STELLA QUIMBO, PHD
REPRESENTATIVE, 2ND DISTRICT OF MARIKINA CITY

Presentation of Rep. Quimbo during the FNF Learning Series


featuring a discussion of ARISE Philippines Act
(House Bill 6815) on 15 June 2020
Image by Dylan Gonzales from Pixabay

12
12
As we all know, economic recovery is very RESTARTING AFTER REOPENING
relevant; it is in everybody’s mind today.
What are the obstacles in reopening of the
As we speak, many businesses are closing. economy? There are at least two major factors.
Our unemployment rate is at all time high
at 17.7 percent. As of April 2020, 7.2 million First is the “fear factor”. Even if the
Filipinos are without jobs. We think that it will lockdown was lifted, people are still afraid of
be difficult to reverse this situation without contracting the disease. Even if the malls are
government action. On the part of Congress, open, consumers are quite wary. The reason for
our response is in ARISE--Accelerated Recovery this is that early on, we did not have access to
and Investments Stimulus for the Economy of mass testing.
the Philippines.
The second one is the liquidity concerns
The ARISE bill was approved on third and of firms. During the almost three months of
final reading last June 4 and has been transmitted lockdown, many of the nonessential businesses
to the senate. This calls for a 708 billion pesos were not allowed to operate. Being closed, they
spending for the remainder of 2020 and about had no revenues and yet they incurred expenses
650 billion for the next three years. like salaries, loans, rent and other overhead
expenses. By the lifting of the lockdown, it
Early on, the first time I filed this bill was is expected that these firms would be cash
eight hours before the announcement of the strapped.
lockdown on March 12. What we had in mind
was a stimulus package that would promote What would happen if these concerns are
business continuity. This would be the way to not addressed?
protect workers from the risk of layoffs. So, this
bill is really about protecting workers. First of all, there will layoffs of workers.
Remember at this point in time when asset
Ideally, we would have wanted to have an prices would be very low, it would be more
economic stimulus package in place as soon as difficult to get rid of your asset capitals like
the lockdown was lifted. factories and trucks than to layoff workers.

13
13
Towards an Inclusive and Sustainable Post Pandemic Philippines

Unfortunately, at this time, humans The fourth point I’d like to


are more dispensable than physical make is that many of the proposed
assets. interventions in ARISE are based
on data. And the reason why we are
Secondly, if the fear factor among committed to be data driven is the
workers and consumers are not substantial amount of money: 7.8
addressed, then expect absenteeism billion to be spent in the next 6 months.
in the workplace and the marketplace. We want to make sure that those
numbers are correct. More importantly,
It is very important to have an the proposed interventions are well-
economic stimulus package that targeted and impactful.
would protect workers against
layoffs and we do that by reviving These interventions will have
business confidence and removing labor conditionalities; i.e., you able
the fear factor and making sure that to avail of these forms of assistance if
businesses continue. you promise to keep your workers.

LABOR RETENTION AND PAYROLL and are expected to keep their


MAINTENANCE employees.

We have about 41 million But around 29 million workers are


workers in our economy and of employed in nonessential enterprises
these, about 9 million are not that are not allowed to operate and
affected by COVID-19. These are would most likely be cash strapped so
the ones who are assured of keeping workers will be at risk.
their jobs including government
employees, household workers, BUSINESS CONTINUITY TO AVOID
and employees of ECQ essential LAYOFFS
business which are allowed to
operate during the lockdown. These What would be the most affected
businesses would most likely not sectors? With or without the
experience liquidity problems lockdown, tourism and exporters

14
ARISE PHILIPPINES ACT:
Flatten the Curve, Not the Economy

are the most effected since these are included, these represent 30
businesses rely on the movement of percent of the entire workforce.
people, services and goods. As of
early January when there was news In the trade sector, considering
of COVID-19, many of the tourists only the exporters and those
who wanted to visit the country that sell domestically but rely on
cancelled. Tourism has 6.5 million important raw materials represent
workers and if the workers in all almost five hundred thousand
other sectors that support tourism worker.

In addition to tourism and trade, the top ten most critically impacted
the ten sectors enumerated in the are the following: retail trade, land
slide below are also the nonessential transport, construction, crop and
businesses. They are most likely animal production, wholesale trade,
cash strapped and if we rank them repair of motor vehicles, manufacture
according to the size of the payroll and of computer products including
the amount of their loan expenses, semiconductors which is our top

15
Towards an Inclusive and Sustainable Post Pandemic Philippines

export, schools, hotels, and office Outsourcing (BPOs). These ten sectors
administrative and support services would account for almost 23 million
which include Business Process of the 29 million affected workers.

The COVID-19 affected firms There are about one million


of all sizes from micro to extra- registered MSMEs and of these,
large. The other critically impacted 750,000 belong to nonessential
sector are the small enterprises. businesses. I estimate that 4.5 million
The bigger ones are more likely are in the informal sector. Of course,
than not to cope on their own. For we don’t have an official number of
example, bigger companies would how many there are but this is an
be able to take out loans versus the estimate I computed using national
small ones. As a sector, micro, small survey data.
and medium enterprises (MSMEs)
are, by definition, critically Overall, we are looking at around
impacted. 5.25 million people in MSMEs affected.

16
ARISE PHILIPPINES ACT:
Flatten the Curve, Not the Economy

What is the general approach in Third is zero-interest loans


helping all these critically impacted to boost liquidity and assistance
businesses? As it would be difficult to secure these loans. Finally,
for government to come up with proportionality of assistance; in other
a tailor fitted solution for each words, make sure that the amount
and every distressed firm, the best of assistance is the right size, not too
approach would be for businesses small and not too big.
themselves to tell government how
they want to be helped. Part of the How big must government spend
interventions proposed would be in order to help the economy recover?
compensation for payroll costs And the answer to this frequently
during the lockdown which had to asked question is this depends on the
be borne by nonessential business. extent of the economic damage of
This is one way to help them move COVID.
forward and restart their businesses
post-lockdown. Before COVID happened, our
economic managers were expecting
Capacity building is important the GDP to grow by 6.5 percent. GDP
and businesses have to cope with in Post-COVID is estimated to be
this new normal. Brick and mortar negative 3.5 percent. This means we
stores all of a sudden needed online lose the entire 6.5 and another 3.5 or a
sales platforms. I had a small business total of 10 percentage points in GDP.
in Marikina selling shoes. When I How much is one percentage point
lost my brick and mortar shop in of GDP worth? It’s 200 billion pesos,
Greenbelt, I had to develop my own so if we lose 10 percentage points,
website, figure out the payment that would mean two trillion pesos
system and logistics. What I spent for in terms of the economic damage of
all these was not a trivial amount. So COVID.
that’s the kind of assistance we expect
government to provide to small If that is the case, how much
businesses, not only the registered must government spend to reverse
ones but also the informal ones. that loss? Is it also two trillion pesos?

17
Towards an Inclusive and Sustainable Post Pandemic Philippines

The answer is “no” because of the directly. The remainder will come in
phenomenon of multiplier effect. the form of credit stimulus through
For every peso that government monetary policy to be issued by
spends in a particular sector, Bangok Sentral. So that other half will
construction for example, that one be in the form of additional loanable
peso spurs activities in other related funds made available through banks.
sectors like cement, hardware, and That’s a rough accounting why we are
transportation. And if you add up all proposing 708 billion pesos for the
these additionally generated business rest of 2020.
activities, the impact of this one peso
is going to be more than one peso; TIMELINE FOR BUSINESS RECOVERY
specifically, it’s about 1.53 pesos. For UNDER ARISE
every one peso the government puts
in, the impact on GDP is 1.53 pesos. This is a storified version of
ARISE. I am from the country’s shoe
Because of the multiplier effect, capital, Marikina. My example is
the government needs to put in less Tony who operates a shoe factory,
than two trillion. So, you take your with 20 employees, specializing in
two trillion divided by 1.53 and the school shoes. During the lockdown,
result is 1.3 trillion pesos. This is the he continued paying the salaries of
amount of stimulus or pump priming his workers; he continued paying his
government needs to spend on so loan from an informal lender at “5-6”
that the economy can be back on rates.
track.
After the lockdown was lifted, his
How will 1.3 trillion pesos be workers did not show up for work
divided between two important because they were afraid of getting
economic institutions: Bangko sick. The answer of ARISE to this
Sentral and national government? concern would be subsidies to COVID
According to experiences globally, testing amounting to 20 billion pesos
that is about half and half. We’re (10 billion each for 2020 and 2021)
looking at 600 to 700 billion pesos coursed through LGUs as a way to
that the government must spend assist businesses.

18
ARISE PHILIPPINES ACT:
Flatten the Curve, Not the Economy

When Tony checks his fund We also suggest the use of


balances, he realizes he wouldn’t electronic wallets. So, if Tony
be able to sell school shoes. He also happens to be a small businessman
realized that he was incurring more in the farthest town of the country,
costs for masks, regular disinfection, he should be able to reach this
and transparent separators for social government window through
distancing. He gets desperate and e-wallets. We propose the use of
considers laying off his workers. digital platforms. This also comes
But the ARISE Bill asks employers with our experience in Bayanihan
not to lay off workers first as 1 when we had great difficulty
government is here to provide wage disbursing cash since we were doing
subsidies for two months but with that manually.
a labor retention clause, meaning
the employer promises to keep his Tony also worries about his son’s
workers. The two months here is tuition fees. During the lockdown, he
just for Tony to buy time; for him spent his savings to keep his business
to figure out what to do in the next afloat. Now that he has to enroll his
12 to 24 months while waiting for a son, he is out of cash. The answer of
vaccine. ARISE here would be subsidies to
education; particularly the children of
What happens to Tony in the workers in critically impacted sectors.
next 12 months? We suggest that he
takes out interest free loans from Tony thinks about new business
government financial institutions. opportunities like manufacturing
For people like Tony who is not shoes for medical workers and
used to transacting in the bank (his other protective gear. Again, under
loans were from informal lenders), ARISE, we will be providing technical
ARISE proposes credit mediation assistance through the Department of
services in every municipality to Trade and Industry (DTI).
guide them in information, business
strategies, financial management That’s for the short run scenarios
and the like. for Tony. What happens in the

19
Towards an Inclusive and Sustainable Post Pandemic Philippines

medium run? There are bigger needed. These are also provided
problems as well. For example, for under ARISE since we call for
better connectivity, better roads, a long-term plan for economic
and better health facilities would be resilience.

SUMMARY OF ARISE INTERVENTIONS mediation services and loan


guarantees from government since
Here is the full menu of the small businesses may not have the
proposed interventions under required collateral.
ARISE. They are classified into five.
First, the general intervention of We have sectoral relief
massive testing through LGUs but programs targeted at the critically
ultimately targeted to businesses so impacted industries to include
that they can screen their workers. MSMEs, tourism, globally-
oriented manufacturing industries
We have transitional measures and services or exporters,
which I mentioned a while back. transportation, and agriculture.
Wage subsidies will be part of it. Even though the food sector is
Cash for work here is a form of essential and did not close, we
unemployment assistance program, realize that agriculture is key to
an emergency employment having a resilient economy. If the
program given to those who will pandemic lasts for a longer period
lose their jobs even with wage of time and we are unable to import
subsidies. Businesses really need to food, we must make sure that our
trim their workforce because of the domestic producers will be able to
social distancing protocols that they feed all of us.
need to follow.
Finally, we have longer term
We have financial interventions structural interventions which will
like zero-interest loans, credit include Enhanced Build-Build-Build.

20
ARISE PHILIPPINES ACT:
Flatten the Curve, Not the Economy
ARISE: COCKTAIL OF MONETARY in a congressional hearing, BSP said
AND FISCAL POLICIES this has increased to 1.1 trillion pesos.

Economic stimulus is a mix of But then, a big chunk of our


both monetary and fiscal policies. population, 77.4 percent, continues
We should be happy that the Bangko to be unbanked. Also, about 82
Sentral ng Pilipinas is a very proactive percent of MSMEs are in the
institution. As early as February, informal economy. We need to build
they have lowered the reserve the confidence of the unbanked
requirements; and, they issued a lot population to try to access those
of policy relief measures resulting loanable funds. The way to do that is
to increased loanable funds in the for government to spend an almost
banking system. equal amount of economic stimulus
mentioned earlier like wage subsidies,
Early April, we estimated that to zero-interest loans and direct grants
be about 700 to 800 billion pesos but for technical assistance.

BUDGET DEFICIT=REVENUES- number. These are extraordinary times,


EXPENDITURES revenues are much smaller because out
economy had to be literally shut down.
This is another frequently asked Expenditures are also higher given the
question: What will happen to our need to spend for emergency subsidies
budget deficit if we pursue economic for households in Bayanihan 1 and
stimulus? additional health expenditure to control
the virus.
Last May 13, our economic
managers announced that the budget Much limited revenues plus much
deficit has already reached 8.1 percent. higher expenditures would equal to
Budget deficit is the difference between a much higher budget deficit. The
revenues and expenditures. Typically question is, if we spend more on
our target without a pandemic is 3.1 economic stimulus, will that necessarily
percent so clearly 8.1 percent is a high mean a much higher budget deficit?

21
Towards an Inclusive and Sustainable Post Pandemic Philippines

The answer is “no” if two things have to make sure that the amount is
happen. One is if we use off-budget spent productively so that the GDP
financing sources. If the national also grows. And when we compute the
government issues bonds and GOCCs GDP ratio, the denominator is GDP.
would purchase these bonds—that is So, if GDP grows, the budget deficit as a
an example of an off-budget financing proportion of GDP will not necessarily
source. Creative financing sources such grow as fast.
as this one would avoid a ballooning
budget deficit. With these two conditions, we
think that spending on economic
The second condition is that as stimulus will make budget deficit more
we spend on economic stimulus. We manageable.

be higher compared to the rest of


COVID-19 TRENDS IN THE ASEAN
countries.
In terms of COVID-19 Trends in
the ASEAN, the Philippines is second But if you compare the budget
highest, next to Singapore, when it deficits across ASEAN, Malaysia is the
comes to the total number of active highest close to 18 percent followed
cases; highest in terms of total deaths; by Singapore at 15.4 percent. But Lao
and fewest in terms of number of PDR has 8.8 percent but with zero
beds per population; and one of the deaths. Considering that we have the
lower ones in terms of tests. highest deaths per population, then
we should expect that our economic
In other words, it is a difficult stimulus should be bigger than that
situation. As I said earlier, the of, at least, Lao PDR. So, a budget
amount of stimulus needed depends deficit of say 9 or 9.5 percent is
on the economic damage of the probably the appropriate scale.
pandemic. If the pandemic is not
controlled today, we expect the But as I mentioned earlier, if we
damage to be bigger. And if the are able to use budget financing and
damage is bigger, then we should economic stimulus productively,
be spending more; and therefore, our budget deficit can, in fact, be
the budget deficit is expected to managed at say, 7.5 percent.

22
ARISE PHILIPPINES ACT:
Flatten the Curve, Not the Economy

FINANCING Firstly, our credit rating has been


recently upgraded thanks to our
How can we fund economic economic managers who have been
stimulus? I think the best answer managing our macroeconomic
would be loans. fundamentals quite well. In terms of
financial health, we are in the top ten
ARISE provides for the possibility in the world, I think number 6, in a
of using savings. There are certain ranking done by The Economist. In
government expenditures items, like other words, we are in a very good
foreign travel, that certainly would position to take out loans. So, let us
not be used. These savings can be make good use of recently upgraded
used for funding economic stimulus. credit rating and take out loans
for purposes of going out of this
But the best way is to use loans. recession.

23
Towards an Inclusive and Sustainable Post Pandemic Philippines ARISE PHILIPPINES ACT:
Flatten the Curve, Not the Economy

NATIONAL DEBT or three decades. We are now at 49.8


percent after all of those loans have
This is just to give you a sense of where been taken out. Just to give you a sense
we are in terms of Debt to GDP. Again, of whether 49.8 percent is big or small,
thanks to our economic managers, we Malaysia allows this to go up to 55
had a very low rate of 39.6 percent in percent. So, there is still some space for
2019. I think this is a record low in two us to take out more loans.

COVID-19: A WAKE-UP CALL So, this long run plan for economic
FOR GOVERNMENT TO ACT ON resilience, which the bill provides for,
ECONOMIC RESILIENCE must include structural reforms that
we have been postponing for the last
Economic resilience is the ability decades. These include building the
our economy to recover from shocks. A capacity of the health sector, more
realization is that we are not as resilient infrastructure projects and improving
as we ought to be. Small things like the database of our government
broadband connectivity, which we particularly for providing protection,
clearly need today, is a problem when necessary.

24
Food Security during the
Pandemic and Beyond
GERRY BULATAO, CHAIRMAN
CENTER FOR LIBERALISM & DEMOCRACY

“Unless immediate Countries must designate food


services as essential and protect
action is taken, it is those working in the sector, ensuring
that relief and stimulus packages
increasingly clear reach the most vulnerable, including

that there is an small-scale food producers and rural


businesses, according to the UN
impending global official.

food emergency Albay 2nd District Rep. Joey Salceda

that could have


warned of a possible rice price crisis
in April. He said, “I was shocked

long-term impacts when I started buying rice from NFA


[National Food Authority} for my
on hundreds of relief donations, then at P1,250 per
bag only. When the NFA stock ran
millions of children out, we purchased from commercial

and adults . . . Our stores and the prices progressively


shot up and recently hit P1,850
food systems are per bag” (Manila Standard Business,
“Salceda Warns of Rice Price Crisis as
failing, and the Drought Hits Asian Nations,” 19 April

COVID-19 pandemic
2020).

is making things P1,250.00/bag is equivalent to


P25.00/kg, while P1,850/bag is equal
worse,” UNITED NATIONS to P37.00/kg.

SECRETARY-GENERAL
Columnist Jarius Bondoc sounded
ANTONIO GUTERRES WARNED the same alarm in May: “Filipinos
EARLIER THIS MONTH (UN had better produce two million
NEWS, 9 JUN 2020). more tons of rice a year. Vietnam

25
Towards an Inclusive and Sustainable Post Pandemic Philippines

and Thailand, from which the Philippines gets Vietnam’s 2020 bid would translate to P43.39/
cereals, will soon no longer be able to sell. With kg, 22.88 percent higher (Business Mirror: Jasper
harvests dwindling, they must conserve stocks Y. Arcalas, “4 Asian Countries Bid to Supply
for domestic consumption. Filipinos will be on PHL with Rice,” 9 June 2020). [Cf. Table 3.
their own (The Philippine Star: Jarius Bondoc, Comparison of Estimated Prices of Imported
“Gotcha,” 22 May 2020). [Cf. Tables 1 and 2. Rice: 2019 and June 2020]
Food and Non-Food Requirements in Rice and The reference price set was $497.62/MT. India
Palay Terms] bid $484.70/MT; Myanmar, $494.25/MT, and
Thailand, $541.00/MT. Local regularly milled
WERE THESE WARNINGS PRESCIENT OR rice is cheaper than an of the prices based on
ALARMIST? these figures.

True enough, Vietnam said in March that it The average retail price in Week 3 of May
would be restricting rice exports to ensure its 2020 was only P35.83/kg (Philippine Statistics
own food security. By May, however, Hanoi Authority: “Special Release--Updates on
said it was lifting the export ban. In June, Philippine Palay, Rice and Corn Prices, Week 3
Vietnam participated in the bidding process of of May 2020,” 18 June 2020).
the Philippine government for the purchase of
300,000 metric tons (MT) of rice. Rice prices in the nearby wet market in Quezon
City ranged from P38.00-65.00/kg.
The price Vietnam quoted, however, was
considerably higher than the Department of This validates the calculation of a Japanese
Agriculture’s estimate in 2019 of US$415.08/ publication that “International prices of rice
metric ton (MT). Vietnam’s bid price this have surged as droughts keep production low
month was US530.00/MT. The 2019 price plus in key exporters Thailand and Vietnam, while
freight cost, insurance, tariff and other expenses panic buying amid the coronavirus pandemic
brought the retail price of rice to P35.31/kg. is also tightening supply” (Nikkei Asian Review,
Assuming costs in 2020 to be proportional, “Rice Prices Hit 6-Year High as Thailand and
Vietnam Face Drought; Saltwater Damage and
Urbanization Also Take Toll,” 31 March 2020).

The simple truth BENEFICIAL TO FARMERS


underlying food security:
Price hikes have been beneficial to farmers. In
higher prices this season Week 3 of May 2020, average farm-gate price of

means bigger harvest palay according to PSA was P19.15/kg. Assuming


average production cost to be P12.00/kg, this
next season; if we want means a profit of P7.15/kg. Assuming average
yield of 80 cavans/hectare (ha), farmers earn
our consumers to be food P28,600.00/ha. Not much but much better

secure, we must value our


than in 2019 when farm-gate prices ranged
between P7.00-15.00/kg.

producers. The Bureau of Plant Industry (BPI) announced


that it had approved Sanitary and Phyto-

26
Food Security during the Pandemic and Beyond

Sanitary Import Clearances (SPSICs) for the


entry of 2.702 MMT as of 5 May, but only
729,000 MT had actually arrived (Business
We cannot rely on foreign
Mirror: “Private Traders, Firms Corner Bulk of countries and importers,
January-April 700,000 MT Rice Imports,” 5 May
2020).
especially in pandemic
times, but we must not shut
Meantime, the Philippine International the door to them as we
may not be able to produce
Trading Corp. (PTIC), an agency attached
to the Department of Trade and Industry,
has abandoned its plan to import 300,000 enough for our own needs
MT (PNA: “PITC Cancels 300,000 MT Rice
Importation,” 26 Jun 2020).
and foreign competition can
spur improvements in local
This means that the rice stock at the start of the
lean period of July to September will be lower
production.
than three months supply of rice (2.97 MMT).
Traders traditionally take this into account in The National Food Authority (NFA) used to
setting their prices. So palay and rice prices are play the role of rice supply and price stabilizer.
unlikely to drop in the third quarter. RTL apparently stripped NFA of this function.
It probably is timely to review NFA’s charter
The rice stock was 2.18 MMT as of 1 March to determine what exactly its functions and
with the harvests of the dry crop expected authorities should be and how its gargantuan
to start in May. Given a reduction in palay debt which increased sharply under the Arroyo
planted in January-March and a consumption Administration should be settled.
rate of 0.99 MMT a month for food and non-
food purposes, DA Sec. William Dar believed it We cannot rely on foreign countries and
would be prudent to import 300,000 MT. With importers, especially in pandemic times,
the transaction cancelled by PITC as announced but we must not shut the door to them as we
by DTI Sec. Ramon Lopez and private sector may not be able to produce enough for our
purchases uncertain to arrive, it is possible that own needs and foreign competition can spur
the second semester will be challenging for the improvements in local production.
government and consumers.
SUPPLY AND DEMAND
Farmers will continue to enjoy relatively higher
prices, which will result in more land planted Dr. Emil Q. Javier, former University of the
to palay for the wet season. This points to the Philippines President, an agronomist, sounded
simple truth underlying food security: higher defiant in his 11 April column he titled “What if
prices this season means bigger harvest next they refuse to sell us rice!”
season; if we want consumers to be food secure,
we must value producers – farmers first of all, “Tongue in cheek the prospect of Thailand and
but also millers and traders. But government Vietnam telling us they have no rice to spare is
must balance the interests of producers and the best thing that can happen to us. In the first
consumers, so excessive surpluses, shortages, place, it is unlikely because they have so much
price spikes, and big price dips must be averted. surplus to unload. But this should wake us up to

27
Towards an Inclusive and Sustainable Post Pandemic Philippines

other self-help options which to date we have Alcala the department’s top program was called
chosen to ignore. Food Staples Sufficiency Program. FSSP did not
limit itself to palay and rice.
“Our rice policy of opening our market to
imports (market liberalization) in order to Officials estimated that 15 percent of Filipinos
bring down the price of rice to consumers was and Filipinas, especially in the Visayas
premised on the unhampered availability of and Mindanao, ate milled white corn. DA
rice in the world market. personnel discovered communities that
preferred cassava, camote, yams, and bananas
“That premise is now being challenged by signs to rice. They also found among indigenous
from the rice-surplus countries like Thailand, communities in Northern Mindanao and
Vietnam and India that due to disruptions in the Cordilleras and then propagated adlai
agriculture brought about by the corona virus as a low glycemic carbohydrate that could
pandemic, they may be restricting exports to be a substitute for rice. These staples were
secure first their own national food needs. promoted as alternatives to rice. The program

Looking beyond
“This is an excellent opportunity for us to revisit
our one-sided response to market liberalization
which was basically to raise productivity (and pandemic times,
however, we expect
competitiveness) of our rice farmers through
public support for mechanization, use of inbred
seeds, credit subsidy, and more farmers training global prices to soften.
Imports may pull local
and extension.”

Dr. Javier continues to explain that subsidized prices down, especially


if excessive, so it will be
fertilizers may be more important than
improved inbred seeds because usage of the
former is very high. In regard to modifying important that farmers
become competitive to
demand, he raised three points:

• Promote brown rice consumption which retain decent margins.


is healthier than white rice and can raise
the rice stock by 10 percent due to less also promoted being RICEponsible and
milling processes. CORNcerned and developed pledges for
farmers and consumers.
• Promote rice and corn grit mixtures to
increase grain supplies and for better
BEYOND PANDEMIC TIMES
nutrition.

• Promote production and marketing os Looking beyond pandemic times, however,


sweet potato (camote), cassava, yams and we expect global prices to soften. Imports
saba banana. may pull local prices down, especially if
excessive, so it will be important that farmers
become competitive to retain decent margins.
These are not new ideas, though. Under This means helping farmers to reduce their
President Noynoy Aquino and DA Sec. Proceso production costs while improving yields.

28
Food Security during the Pandemic and Beyond

The present average yield is 80 cavans or 4 MT/ responsibility for a water-dependent crop
ha, while average production cost is P12.00/kg, should have authority over the agency tasked to
but in the province of Nueva Ecija, the averages provide water for palay farms.
at one point went beyond 120 cavans or 6 MT/
ha yield and below P8.00/kg production cost. Further, NIA, DA, agencies under DA
like PhilRice, Philippine Crop Insurance
This is what we have been calling sais otso or Corporation (PCIC) and Agricultural Training
6-8 since 2015. Can this be made the national Institute (ATI) as well as DA’s LGU partners all
average by setting it as a national target to be serve the same farmers in the same areas.
accomplished over a number of years? Can
we learn from Nueva Ecija how the province’s While policy coherence can be achieved
farmers achieved this? through persuasion and the signing of
documents, operational coordination requires
The Philippine Rice Research Institute organizational realignment.
(PhilRice) based in Nueva Ecija pointed to
Most farmers appreciate the scrapping of
irrigation fees by law in February 2018 because

While policy coherence it reduced their costs and resulted in increasing


their income. A number, however, worry about
can be achieved the deterioration of canals as the fees they used
to pay would be deployed by NIA to maintain
through persuasion the system and with a smaller revenues it may

and the signing of have become difficult for NIA to continue


this service in all of its 242 national irrigation
documents, operational systems (NISes) and 8,812 communal irrigation
systems (CISes).
coordination requires
organizational
Some farmers have also commented that NIA
used to pay more attention to their observations

realignment. and requests when they were paying the fees


(Business World: Sally and Gerry Bulatao,
“Yellow Pad,” <bworldonline.com/ why-revert-
four major drivers of farm productivity: nia-from-op-to-da/>, 28 June 2020).
access to irrigation water, adoption of quality
seeds, use of modern technologies, and farm The remedy seems to be quite simple.
mechanization. These certainly are important Congressional budget hearings can determine
but it is useful to provide some details regarding how much NIA had to give up when fees were
each point and to add a few more drivers. waived and how much is needed to maintain
the canals and sluice gates and to meet with
ACCESS TO IRRIGATION WATER irrigators’ associations regularly. NIA’s budget
can be augmented forthwith.
Improving access to irrigation water should
include returning the National Irrigation In addition to maintaining existing irrigation
Administration (NIA) from the Office of the systems, NIA should expand these where
President to the DA. The department with possible and construct new systems based on

29
Towards an Inclusive and Sustainable Post Pandemic Philippines

whatever allocation it receives. Its Irrigation executive policies issued by Pres. Fidel V. Ramos
Development Program was allotted P45.440 prohibiting the conversion of irrigated land to
billion in 2018 but only projects worth P29.102 other purposes. The NLUA gets Presidential
were given notices of cash allocation (NIA: certification time and again but it still has not
“1918 Annual Report”). been approved, despite the fact that the first
NLUA bill was filed about 20 years ago.
NIA estimates that it still has to establish
irrigation projects to cover about one million ADOPTION OF QUALITY SEEDS
hectares more of irrigable land.
RTL created a P10-billion Rice Competitive
In the pursuit of transparency, it would help Enhancement Fund (RCEF), allocating P3
if reports on NISes and CISes were accessible billion for PhilRice to facilitate securing
online. certified seeds on top of its normal GAA budget.
PhilRice used to be a relatively quiet research
The Bureau of Soils and Water Management agency, but because of its new mandate and
(BSWM), a DA agency, is responsible for additional funds, it has reached out to more
small-scale irrigation projects (SSIPs) than 1,000 municipalities in the top 57 rice-
like small water impounding projects producing provinces to identify local seed
(SWIPs), small diversion dams (SDDs), needs and discover potential seed growers,
shallow tube wells (STWs) and small farm train them, monitor their work, buy their seeds,
reservoirs (SFRs). The 540 SSIPs provide and distribute these to farmers through LGUs
supplemental irrigation for about 8,100 (Philippines Daily Inquirer: “Farmers under
hectares of rain-fed areas appropriate RCEF-Seed Program gain more harvest,” 22
for palay farming. BSWM and NIA May 2020).
coordination may be mutually beneficial.
Utilizing a system of local certified seed growers
BSWM may be able to do much more in means additional income for some farmers,
coordination with LGUs to create SSIPs. SWIPs reduces the distance and time these seeds need
that would catch rainwater to alleviate flooding to travel, and allows local farmers the possibility
by storing water for farm in the future would be
welcome in many places.
This strategy is far
For example, BSWM assisted farmers in San superior to that adopted
Nicolas, Ilocos Norte put up SWIPs and STWs, under the Arroyo
Administration in 2004-
so they now enjoy two palay harvests every
year. The remote town of Bingawan, Iloilo
likewise has also had good experience with its 2010. Centralized
SWIPs which allow farmers not only to plant
two crops of palay but also grow tilapia from
procurement led not
fingerlings provided by the Bureau of Fisheries only to corruption but
and Aquatic Resources (BFAR).
also to problems for
One way to protect the irrigated alluvial plains farmers who received
which are best for rice is to pass the National inferior seeds.
Land Use Act. This would enshrine in law the

30
Food Security during the Pandemic and Beyond

to complain or ask for replacement in case the In addition to learning about “friendly” and
seeds turn out bad, and to secure a fresh supply “harmful” insects, they are guided step by step
of seeds if a typhoon damages their crop and in palay cultivation.
they need to replant.
Rice extension was allocated P1 billion by RTL-
This strategy is far superior to that adopted RCEF for use by the ATI, Technical Education
under the Arroyo Administration in 2004- and Skills Development Authority (TESDA),
2010. Centralized procurement led not only Philippine Center for Postharvest Development
to corruption but also to problems for farmers and Mechanization (PhilMech), and PhilRice.
who received inferior seeds. They would not
know whom to approach for replacement Farmers could also learn, hands on, to use and
seeds. maintain hand tractors, rice transplanters,
combines, dryers, and many others.
Dr. Javier’s recommendation to make fertilizer
available is wise, but rather than subsidizing More complicated problems may require
fertilizer completely, DA may give discount setting up a machine pool station. This can
vouchers to farmers through their IA or other be part of the development plan of an IA. Just
community-based organizations that would as not every farmer can be a seed grower,
allow them to buy fertilizers at a reduced price. not every farmer may be able to effectively
This would follow the principle of “farmer’s troubleshoot problems and provide solutions.
choice” and take advantage of the efficiency
of the normal market rather than rely on PhilMech was allocated an additional P5
bureaucratic channeling. Farmers can choose billion by RTL-RCEF for promoting and
the NPK mix appropriate for their soil and providing farm machines to improve yields and
decide whether to buy organic or synthetic bring down production costs. The agency is
fertilizer or a combination. prioritizing 1,200 municipalities for this.

The present practice of centralized PRODUCTION CREDIT, CROP INSURANCE, AND


procurement and distribution of urea for free FARMERS’ PENSION PLAN
-- leaving it to farmers to decide whether to
use urea as a nitrogen source solely or to buy One other factor recognized by RTL as
phosphorous and potassium in addition -- is important in boosting rice production was
likely to be less effective. Farmers complained credit. RTL-RCEF allocated P1 billion for
that the price government paid was higher than LANDBANK and Development Bank of the
local prices and a Congressman has called for Philippines (DBP) to manage this.
an investigation of the procurement process
as the trader tapped had no stock, but after Due to its limited network of branches and
Malacañang intervened, it is unlikely that there lending centers, DBP has been delivering credit
will actually be an investigation. services through conduits like rural banks,
cooperatives, and other financial institutions.
RICE EXTENSION, MODERN TECHNOLOGIES, LANDBANK has further expanded its reach to
AND FARM MACHINERY push lending to individual farmers targeting
initially to reach two million farmers through
The most effective training system appears RCEF and other lending programs by the end
to be the season-long farmers’ field school. of 2022.

31
Towards an Inclusive and Sustainable Post Pandemic Philippines

A natural partner in this effort is PCIC whose Inordinate imports depress palay prices and
support is critical when a natural calamity lead to farmer impoverishment and a reduction
damages a crop so farmers can quickly replant in palay planting and harvests in the next
palay. cropping.

LANDBANK can tie up with PCIC to study ways Under the previous Administration only 5.21
for providing a pension for farmers when they MMT of rice was imported over a six-year
reach the age of 65. The pension can be related period, 2011 to 2016. The country suffered
to the creditworthiness of farmers. A portion no rice shortage and there were no queues
of the loan repayment can be set aside and (pila) to buy the staple. Although the price
managed by PCIC to serve as the principal for a of commercial rice rose, NFA rice selling at
pension fund. P27.00/kg and P32.00/kg was always available.
A nice balance between producers’ and
In addition to the four major drivers identified consumers’ interests was maintained.
by PhilMech, irrigation water, production
credit, and crop insurance, there are three other The comparison with the present is sad. In
drivers that my help deepen food security: three years – 2017 to 2019 – the Duterte
regulation of imports, completing the farm- Administration imported or allowed the
to-market road network, and judicious target importation of 8.73 MMT. Excessive rice
setting. importation drove down the price of palay.
But it did not really benefit consumers as rice
REGULATION OF RICE IMPORTS prices remained high. “It was only the traders,
not the consumers, who had benefited from
RTL did not completely liberalize rice the 35 percent tariff,” according to Dr. Ordoñez
imports when it replaced quantitative (Philippine Daily Inquirer: Ernesto M. Ordoñez,
restrictions with tariffs for rice imports set “Rice Industry Paralysis,” 22 November 2020).
at 35 percent for ASEAN countries and 40
percent for others. Finance Undersecretary Karl Kendrick Chua , now
the Acting NEDA Director-General, said then,
Columnist Ernesto M. Ordonez, Agriwatch “The palay price is still falling but the retail price
chair, former secretary of Presidential Programs [of rice] is not falling as fast so there’s a growing
and Projects, and former undersecretary of disconnect.” PSA reported that in October palay
the Department of Trade and Industry and price fell 24.2 percent, while the price of regular
Department of Agriculture, has pointed out that milled rice decreased only 12.8 percent year on
Article III of the Safeguard Measures Act (RA year (The Philippine Star: Edd Gumban, “Finance
8800) provides a mandate for the Secretary of Dep’t Notes ‘Disconnect’ Between Rice Farm-gate,
Agriculture to increase the level of rice tariffs Retail Prices,” 18 November 2019).
to slow down rice imports when these become
excessive. The rule of thumb in 2011-2016 was to limit
rice imports to 1.0 to 1.2 MMT. Palay prices
When palay prices hit a level below production remained steady and climbed to P23.00/kg.
cost, he proposed raising the tariff to 86 Self-sufficiency level reached 97 percent in
percent. But Sec. Dar chose not to use RA 8800 2013 after having been at 81 percent in 2010
(Philippines Daily Inquirer: Ernesto M. Ordoñez, (DA: “2015 Annual Report,” June 2016). It was
“Rice Industry Paralysis,” 22 November 2019). that low because rice imports in 2008 and 2009

32
Food Security during the Pandemic and Beyond

7 to 14 percent. This is 0.9506 to 1.9012 MMT


In addition to the four in volume, much less than the 2.7 MMT given

major drivers identified by import clearances (PNA: Kris Crismundo, “PITC


Cancels 300,000 MT Rice Importation,” 26 June
PhilMech, irrigation water, 2020).
and production credit,
there are three others The policy pronouncement of former President
Noynoy Aquino in his State of the Nation
that my help deepen food Address on 25 July 2011 continues to ring true:
security: regulation of “Ang gusto nating mangyari: Una, hindi na
imports, completing the tayo aangkat ng hindi kailangan, Ikalawa, ayaw

farm-to-market road na nating umasa sa pag-angkat. Ang isasaing


ni Juan de la Cruz, dito ipupunla, dito aanihin,
network, and judicious dito bibilhin.” (This is what we want to happen:
target setting. First, we will not import more than needed.
Second, we will not be dependent on imports.
What Juan de la Cruz cooks, we will plant
were 2.43 MMT and 1.76 MMT or 4.19 MMT for here, harvest here and buy here.) (DA: “2015
the two-year period. Annual Report,” June 2016) [Cf. Table 4. Palay
Production, Rice Demand, and Rice Imports:
Similarly, over-importation in the last three 2001-2019]
years has pushed down the self-sufficiency level
to 87 percent. Sec. Dar has pledged to raise it to FARM-TO-MARKET ROADS
93 percent (DA Communications Group: “Agri-
Fishery Can Rebound in Q2 – DA Chief,” 6 May Farm-to-market roads result in cheaper inputs
2020). and higher farm-gate prices. The impact on
farmers’ household income is immediate. It
Given his moves so far, including gaining is not only agriculture that benefits but also
approval for an additional P8.5 billion rice households’ education, health, entertainment,
resiliency project and creating new programs and others. In other words, FMRs improve the
like a “Plant, Plant, Plant Program” called Ahon quality of rural life and slow down migration to
Lahat Pagkaing Sapat (ALPAS) Kntra COVID-19, urban centers.
it is possible he will achieve this.
If we are serious about “Balik Probinsya” to
But if all the 2.7 MMT rice imports given decongest Metro Manila, we should develop a
SPSICs by the Bureau of Plant Industry arrive partner “Manatili sa Kanayunan” program and
in the second semester, we will have a problem invest a portion of the Build Build Build funds in
and he will have to be open to invoking Article infrastructure in the countryside. It is not only
III of RA 8800. Otherwise, palay prices will “Plant Plant Plant” promoted by Sec. Dar that is
drop in the fourth quarter of 2020 or the first the rural areas’ counterpart but also “BBB-FMRs.”
quarter of 2021 and harvests will fall in the
subsequent period. FMRs also have political impact. The Mayor,
Congressman, Senator or whoever was
DTI Sec. Ramon Lopez was correct when he responsible for negotiating funding for the road
estimated that rice imports should be limited to can claim some political capital from their effort.

33
Towards an Inclusive and Sustainable Post Pandemic Philippines

The problem is that many FMRs get tainted we may as well be exporting higher value
with corruption. So technocrats, bureaucrats, commodities or processed goods.
and politicians sometimes develop a distaste for
such projects. A recent set of presentation slides used by Sec.
Dar has five-year production targets for various
The DA’s World Bank-assisted Philippine Rural commodities set as ranges (“Agriculture and
Development Project (PRDP) shows, however, Food Recovery Plan,” 12 May 2020). Let’s hope
that FMRs can be built with integrity. The the practice continues.
project’s infrastructure component ensured the
economic benefit of connecting a production Since competitiveness is important, targets for
area of a specific commodity to an urban this should be developed. Such targets should
center, followed a transparent procurement not be limited to national estimates of yield
process, installed a system of geotagging which and cost of production. Every irrigation system
allowed many pairs of eyes to monitor progress, should have a target every cropping season.
involved the LGU heavily in site selection, Each farm should also set targets, which means
road maintenance, and 90-10 financial helping farmers monitor and compute not
counterparting, and adhered strictly to project only total production but also production per
principles and protocols. hectare and cost of production per kilogram.
This will give us a fighting chance to achieve the
JUDICIOUS TARGET SETTING sais otso national target and make it possible to
incentivize hitting targets.
It is a good thing that DA Sec. William Dar
announced a self-imposed target of moving If DTI has SRPs (suggested retail prices), DA
from 87 to 93 percent sufficiency. But the can also develop targeted production cost and
department cannot achieve this by itself, as it is farm-gate prices. A targeted farm-gate price
the farmers that will produce the palay, and the of P20.00-24.00/kg for palay and an SRP of
weather will be a major factor in the harvest to P38.00-42.00/kg for regular milled rice would
be achieved. be fair at this time.

In other words, there are many variables CONCLUSION: FOOD SECURITY, STAPLES
beyond DA’s control. There is some similarity SUFFICIENCY, AND FARMING AND FISHING
with the situation the Bangko Sentral ng ENTERPRISES
Pilipinas faces when it sets targets for GDP
growth, inflation and the value of the peso. Just Food security should go beyond rice. Other
as the BSP sets its targets for outcomes in terms commodities can be covered in the future.
of ranges, so should the DA for agriculture
outcomes it doesn’t fully control. It is good to recall in closing how food security
was defined by the Agriculture and Fisheries
Instead of targeting 93 percent sufficiency, the Modernization Act: “’Food Security’ refers
DA can set 91-93 percent as its target. Over to the policy objective, plan and strategy
a five-year period, a target of 95-105 percent of meeting the food requirements of the
sufficiency can be adopted. Below 95 percent present and future generations of Filipinos in
may make the country over-dependent on substantial quantity, ensuring the availability
imports; beyond 105 percent puts us at the and affordability of food to all, either through
mercy of other importing countries to which local production, or importation, or both

34
Food Security during the Pandemic and Beyond

based on the country’s existing and potential activities and a way of life. They are enterprises
resources endowment and related production that require investments of capital, expertise,
advantages and consistent with the overall labor, and time from which profits must be
national development objectives and policies. earned by farmers and fishers.
However, sufficiency in rice and white corn
should be pursued” (Section 4, RA 3485). TABLE 1. FOOD AND NON-FOOD
REQUIREMENTS IN RICE AND PALAY TERMS
It is also important to be reminded of the (JUNE 2020)1
AFMA’s Declaration of Policy: “The State shall
promote food security, including sufficiency Item Amount
in our staple food namely rice and white corn.
Annual Per Capita Rice Consumption
The production of rice and white corn shall be 109.89 kg
(PCRC)2
optimized to meet our local consumption and
Annual rice requirement for food (109.89
shall be given adequate support by the State” 12.09 MMT
kg/person/year x 110,000,000 persons)
(Section 2, RA 3485). Total annual rice requirement (12.09 MT
13.58 MMT
÷ 89%3) [
This goes hand in hand with the 2019 Sagip Annual non-food rice requirement (for
Saka Act (RA 11321) authored principally by seeds, buffer stocking, etc.) (13.58 MMT 1.49 MMT
Sen. Francis N. Pangilinan, the Liberal Party x 11%)
President. The law stresses the importance of Total palay needed to produce rice
20.76 MMT
fair returns and a decent living for farmers and requirement (13.58 MMT ÷ 65.42%4)
fishers. It is the only way food security will be Daily rice requirement for food/person
achieved sustainably. (109.89 kg/person/year ÷ 365 days/ 0.30 kg
person)
The Declaration of Policy states: “It is the declared Total daily rice requirement (13.58 MMT
0.037 MMT
policy of the State to achieve sustainable modern ÷ 365 days = 37,205,479 kg)
agriculture and food security by helping the 15-day rice buffer stock (0.30 kg x 15
0.50 MMT
agricultural and fishing communities to reach days x 110,000,000 = 495,000,000 kg)
their full potential, increasing farmers’ and 30 day rice buffer stock (0.30 kg x 30
0.99 MMT
fishermen’s incomes, and bridging gaps through days x 110,000,000 = 990,000,000 kg)
public-private partnerships, thereby improving 90-day rice buffer stock (0.30 kg x 90
2.97 MMT
their quality of life. days x 110,000,000 = 2,970,000,000 kg)
Rice Stock as of 01 Jan 2020, according
2.68 MMT
to Philippine Statistics Authority
“In pursuance of this policy, the State shall
strengthen the farmers and fisherfolk enterprise Rice Stock as of 01 Feb 2020, according
2.38 MMT
to Philippine Statistics Authority
development program by establishing a
comprehensive and holistic approach in the Rice Stock as of 01 Mar 2020, according
2.18 MMT
to Philippine Statistics Authority
formulation, coordination and implementation
of enterprise development initiatives,
consolidating the roles of different agencies 1 Numbers do not add up exactly due to rounding. The sequence of the items was
adopted in order to show how items were computed.
involved in farmers and fisherfolk enterprise 2 The numbers in Table 1 are based primarily on PSA’s PCRC of 109.89 kg/person/year
(PSA: National and Regional Consumption of Selected Agricultural Commodities in the
development, and intensifying the building of Philippines, Volume 1, published February 2017, p. 16).
entrepreneurship cultures among farmer and 3 89:11 ratio was used by DA in 2010-2016. It is unclear whether the same ratio is
currently being used.
fisherfolk” (Section 2, RA 11321). 4 65.42% is the recovery rate applied by DA in 2010-2016. It is the same rate utilized by
Business Mirror in converting palay into rice. (Business Mirror: Jasper Y. Arcalas, “Rice
Farming and fishing are not only productive Self-Sufficiency Rate Seen Dropping Further,” 22 Nov 2019).

35
Towards an Inclusive and Sustainable Post Pandemic Philippines

TABLE 2. FOOD AND NON-FOOD TABLE 3. COMPARISON OF ESTIMATED PRICES


REQUIREMENTS IN PALAY AND RICE TERMS OF IMPORTED RICE: 2019 AND JUNE 20209
(APRIL 2020)5
2019 June 2020
Item Amount Item DA Average Vietnam’s Average
Palay production target for 2020 (93% of Estimate (P/kg) Price (P/kg)
22.12 MMT
total requirement)6 FOB Price of
Total palay requirement (22.12 MMT ÷ 25% Broken 415.08 21.56 530.00 26.50
23.78 MMT (US$/MT)
93%) 7
Food requirement, in palay (23.78 MMT x + Freight Cost
32.50 1.69 41.50 2.08
21.16 MMT (US$/MT)
89%)
+ Surveyor’s
Non-food requirement for seeds, buffer 1.00 0.05 1.27 0.06
2.62 MMT Fee (US$/MT)
stock, etc., in palay (23.78 MMT x 11%,)
+ Insurance
Total rice requirement8 14.46 MMT 5.00 0.26 6.38 0.32
Cost (US$/MT)
Rice equivalent of food requirement + Integrated
12.87 MMT
(14.46 MMT x 89%) Cargo
30.00 1.56 38.31 1.92
Rice equivalent of non-food requirement Handling Costs
1.59 MMT (US$/MT)
(14.46 MMT x 11%)
Per Capita Rice Consumption (PCPR) Landed Cost of
118 kg Imported Rice 483.58 617.46
adopted by DA in 2019
(US$/MT)
Daily rice requirement/person (118 kg/
0.32 kg Peso-Dollar
person/year ÷ 365 days) Official
51.95 50.00
Annual rice requirement for population of Exchange Rate
12.98 MMT
110 million (118 kg x 110,000,000) (P)
15-day rice buffer stock (0.32 kg/person x Cost of
0.53 MMT Commodity,
15 days x 110,000,000 persons)
Freight & 25,122.12 25.12 30,873.00 28.12
30 day rice buffer stock (0.32 kg/person x
1.06 MMT Insurance (P/
30 days x 110,000,000 persons) MT)
90-day rice buffer stock (0.32 kg/person x + Tariff
3.17 MMT
90 days x 110,000,000 persons) Payment (P/ 8,792.74 8.79 10,805.55 9.84
MT)
C+F+I
+ Tariff
33,914.86 33.91 41,678.55 37.96
5 Numbers do not add up exactly due to rounding. The sequence of the items was Payments (P/
adopted in order to show how items were computed.
6 The numbers in Table 2 are based on various news releases of the DA Communications MT)
Group. On the 22.12 MMT 2020 target, the issuance stated: “’The release of irrigation
water should be in synch with land preparation and planting activities, as we aim to boost
+ Estimated
palay (paddy rice) production by 2020 to 22.12 million metric tons (MMT), equivalent to Transport Cost 1,395.65 1.40 1,715.14 1.56
13.51 MMT of rice, or 93 percent sufficiency, six percent more than last year’s adequacy (P/MT)
level of 87 percent,’ the DA chief said.” (DA Communications Group: Myriam G. Layaoe,
“DA, NIA to Partner to Attain 2020 Rice Production Target,” 20 Apr 2020). Import
7 23.78 MMT is much larger than 20.76 MMT, the annual palay demand computed in
Parity Price
Table 1. In 2010-2016 the figure was 19.55 MMT. A higher calculated requirement may 35,310.51 35.31 43,393.69 43.39
be used as a basis to justify more rice imports than needed. / Wholesale
8 The total demand for rice appears to be 14.46 MMT. DA’s news item read: “’With the
funds in place, we could boost production by the end of December 2020 to reach 22.12
Price (P/MT)
million metric tons (MMT) of palay, equivalent to 13.51 MMT of rice or 93% of the coun-
try’s total demand at 14.46 MMT,’ Dar explained” (DA Communications Group: “DA Aims
to Attain Higher Rice Sufficiency Level,” 02 Apr 2020). The target of 13.51 MMT for rice
is only 61.0759% of 22.12 MMT of palay. DA seems to be using a lower milling recovery
rate now. However, the same article also declares, “He said the country has enough rice,
with an inventory good for 75 days, as of end of March, plus an estimated 4.1 million 9 The first three columns are from “Philippine Rice Industry Roadmap 2030,” p. 6, submit-
metric tons (MMT) of palay that will be harvested this dry season, equivalent to 2.7 MMT ted by the Department of Agriculture to Sen. Cynthia Villar, Chair, Senate Committee on
of rice, and finally, .3 MMT of previously contracted imports that have yet to be delivered.” Agriculture. Vietnam’s price in the fourth column is based on a news item in the Business
Here the milling recovery rate is 65.8537%. The total demand for rice was also quoted at Mirror by Jasper Y. Arcalas titled “4 Asian Countries Bid to Supply PHL with Rice,” 09 Jun
14.67 MMT in the same month (DA Communications Group: “PH Will Have 84-Day Rice 2020. Except for the exchange rate, other numbers were calculated based on the figures
Supply Going into Lean Months,” 16 Apr 2020). in the second and third columns.

36
Food Security during the Pandemic and Beyond

TABLE 4. PALAY PRODUCTION, RICE DEMAND, AND RICE IMPORTS: 2001-201910

Gross
Palay % of Rice Rice Total & Ave.
Total & Ave. Production/ Rice
Year Production Growth/ Demand Imports Imports/
Period Supply
(MMT) (Decline) (MMT) (MMT) Period
(MMT)
2001 12.95 8.42 0.81 Total Rice Imports
Total Production
2002 13.27 2.5 8.68 1.20 3.90 MMT
54.22 MMT
2003 13.50 1.7 8.83 0.89
Average Annual
Average Annual Production:
2004 14.50 7.4 9.48 1.00 Rice Imports
13.56 MMT/ year
0.98 MMT
2005 14.60 0.7 9.55 1.82 Total Rice Imports
Total Production 2006 15.33 5.0 10.02 1.72 11.96 MMT
95.03 MMT
2007 16.24 5.9 10.62 1.85
2008 16.82 3.6 11.00 2.43 Average Annual
Average Annual Production:
2009 16.27 (3.3) 10.63 1.76 Rice Imports
15.84 MMT/ year
2010 15.77 (3.0) 10.32 2.38 1.99 MMT
2011 16.68 5.8 10.91 0.86 Total Rice Imports
Total Production: 2012 18.03 8.1 11.79 11.4 0.50 5.21 MMT
107.90 MMT
2013 18.44 2.3 12.06 11.4 0.3511
2014 18.97 2.9 12.41 11.4 1.50 Average Annual
Average Annual Production:
2015 18.15 (4.3) 11.87 11.4 0.80 Rice Imports
17.98 MMT/year
2016 17.63 (2.9) 11.53 11.4 1.20 0.87 MMT

2017 19.28 9.4 12.61 13.58 2.50 Total Rice Imports


Total Production
8.73 MMT
57.16 MMT 2018 19.07 (1.1) 12.47 13.58 3.10
Average Annual
Ave. Annual Prod.
2019 18.81 (1.4) 12.30 13.58 3.13 Rice Imports
19.05 MMT/year
2.91 MMT

GERRY BULATAO joined the Liberal Party in 1992 and has been a member of
its National Executive Committee (NECO) since 2007. A former Department
of Agrarian Reform Undersecretary and LANDBANK Director, he now chairs
the Center for Liberalism and Democracy.

10 Data sources: PSA, United States Department of Agriculture, Department of Agriculture.


11 Including private sector imports under WTO rules.

37
feature
Towards an Inclusive and Sustainable Post Pandemic Philippines

MAKING A CASE FOR


RENEWABLE ENERGY USE
BY CEDRIC FLORES

In modern times, human activity focused on trade and industrialization.


The triumph of liberal democracy after the Cold War ushered an era of
rapid economic development, prominently seen as expanding freedom
and equality. And this economic expansion is fueled by energy that
powers vehicles, factories, and businesses. But this is not all that energy
provides. Electricity allows families to enjoy life’s necessities. It also allows
for a conducive classroom learning. For a more meaningful democratic
engagement, access to information also relies on the power in gadgets.
Truly, democracy is sustained by economic development, which is fueled
by the adequate supply of energy. As the economy expands and demand
for energy increases, companies utilize cheap and reliable sources of
energy. And this is where it gets problematic, as they rely mostly on coal.

Coal has been the dominant source of electricity, worldwide. According


to the International Energy Agency, from 1990 – 2017, coal as a supplier
of electricity has grown significantly, from 4,429,511 Gigawatt hours
(GWh) to 9,863,339 GWh. But along with the rise in the use of coal is the
significant increase in carbon dioxide (CO2) emissions.

Economic growth and wealth creation are linked to rising emissions,


which contributes to global warming. Scientists have linked the frequency
of extreme weather events to global warming. And global warming has
serious implications to the world, especially the vulnerable communities.
For instance, global warming can lead to drought that may affect the
harvest and food security, in addition to threatening the water supply.
The warming of sea surface temperature gives rise to destructive
storms. The melting glaciers lead to a rise in sea levels, threatening
coastal communities.

38
A document in early 2000s prepared by the World Bank, the
Organisation for Economic Co-operation and Development (OECD), and
eight other international agencies found that over 96% of disaster-related
deaths have taken place in developing countries. The same document
noted that climate change will compound existing poverty, as the poor,
who have the least capacity to adapt are gravely affected. At 2oC of
warming, 100 to 400 million more people could be at risk of hunger and
one to two billion more people may no longer have adequate water.

Higher food prices because of limited supply brought on by failed


harvests severely disadvantage the poor. Considering that poor
households spend much of their budget on food compared to wealthy
households, they have little left to spend on other necessities, such
as healthcare, livelihood, and education. Furthermore, most poor
households reside in hazard areas, making them vulnerable to floods and
other calamities.

Thus, whatever gains economic development has provided may be off-


set by the effects of climate change. Worse, it is the poor and vulnerable
who are mostly affected.

In the Philippines, urban poor families are those usually affected by


storms and flooding that sweep away their homes, property, and even
their meager sources of livelihood; and disrupt their economic activity
and the schooling of their children. There are also the “non-poor” who are
vulnerable to fall into poverty if they suffer a natural disaster. About 71% of
these vulnerable households are non-poor, according to government think
tank, Philippine Institute for Development Studies (PIDS). In addition, the

39
Towards an Inclusive and Sustainable Post Pandemic Philippines

poor and non-poor have limited access to financial tools and social safety
nets, thus, they have difficulty recovering from a calamity, which, further
compounds their poverty.

If liberal democracy is all about


freedom and equality, surely efforts
toward reducing the vulnerabilities
of communities and peoples must
be undertaken. And this involves
lessening the contribution of the
energy sector to climate change
by finding alternative means of
producing energy from cleaner
sources, energy efficiency, and
making drastic changes to industries
to reduce Green House Gas (GHG)
emissions.

But how is the Philippines faring


when it comes to renewable
energy utilization? As of 2018, the installed generating capacity or the
maximum amount of electricity that a power plant can produce, is at
23,815 Megawatts (MW). Coal dominates the installed capacity at 37.1%,
with renewable sources accounting for only 30.3%.

And coal will remain the dominant source of energy in the coming
years. As of end-2018, 80.3% of committed projects or those already with
financing are coal-fired power projects. Renewable energy projects have a
committed capacity of only 516 MW or 8.2% of the share.

Committed
Supply Type % Share
Capacity in MW
Coal 5,085 80.3
Oil Based 78 1.2
Natural Gas 650 10.3
Renewable Energy 516 8.2
Hydro 79 1.2
Geothermal 81 1.3
Solar 141 2.2
Wind 0 0
Biomass 215 3.4
Supply 6,329 100
Source: DOE 2018 Power Demand and Supply Highlights

40
Making A Case for
Renewable Energy

While the installed


capacity of powerplants
has a good mix of
renewables, most of the
power generated comes
from coal. In 2018,
of the 99,765 GWh of
power produced, 51,932
GWh came from coal,
or more than half at
52.1%. Power produced
from renewable energy
sources is at 23,326
GWh or only 23.4%.

The trend since 2010 shows that power generated from coal has
increased significantly, with renewable energy unable to keep up with the
production of power to meet the growing demand.

Source: DOE Power Statistics

Coal generation of power is the least-cost form of baseload generation,


and as such, is favored over other sources of energy. It is easy to set up
and produces reliable supply of power.

Geographically, Luzon produces and consumes 72.9% or 72,728 GWh of


the 99,765 GWh power generated in 2018; most of which comes from coal.

41
Towards an Inclusive and Sustainable Post Pandemic Philippines

When compared to Visayas, of its 14,267 GWh total gross generation, 50%
comes from renewable energy sources, followed by coal at 47.6%. While in
Mindanao’s 12,770 GWh power generation, coal accounts for 61%.

According to DOE’s Energy


Demand and Supply
Outlook 2017 – 2040, in
2016, total GHG emission
for every P100,000 of
the country’s economic
output amounts to 1.45 tons
of CO2 equivalent. It is
projected to increase at 5.5%
per year from 109.8 million
tons of CO2 equivalent in
2016 to 396.9 MT CO2 in
2040, if nothing is done to
reduce this.

The Philippines’ contribution to global emissions is minimal, but the


country must still do its part in reducing its own GHG emissions since
its minimal contribution still disperses in the atmosphere, which affects
everyone in the planet.

And the Philippines has been doing its part, at least in terms of policy.
The country has enacted several environmental laws, such as, the
Ecological Solid Waste Management Act of 2000, Biofuels Act of
2006, the Renewable Energy Act of 2008, the Energy Efficiency and
Conservation Act, and the Renewable Energy Act.

However, there is a policy disconnect between government rhetoric and


actual governance. For instance, the commitments under the National
Renewable Energy Program (NREP) to increase the installed capacity
from renewable energy sources to 15,304 MW by 2030 from only 5,438
MW in 2010, is far from achieving its goal. As of 2018, the installed
capacity from renewable energy sources is only above 7,000 MW.

Furthermore, the rules and guidelines for the Renewable Energy Trust
Fund (RETF) was only published in October 2018, ten years after the
law established it. The RETF was supposed to be used for research and
development, and support for the development and operation of new
renewable energy source.

So what has to be done? First is following through on government


commitments not only internationally, but on those mandated by law

42
Making A Case for
Renewable Energy

to increase renewable energy sources and


fully implement mechanisms to allow the use
of these technologies down to the consumer
level. The new law on energy conservation
and efficiency should also be strictly and fully
enforced, ensuring that appliances have labels
on the amount of energy it consumes to better
inform the consuming public.

Moreover, the RETF should be fully utilized for


research and development to generate power
from renewable energy sources. This may also
be used to fund research and development for the environment so that the consumption of
technologies that support renewable energy, power is lessened. Companies and buildings in
such as, higher capacity batteries to store power the community may be encouraged to utilize
generated from solar panels. renewable energy, and adopt mechanisms
to conserve power (e.g., turning the lights off
Even more drastic measures may be adopted. during lunch time). And at the household level,
Solar panels may be required in buildings and net-metering system may be used. A campaign
houses, which should, of course, be accompanied to conserve power in the household, and select
with appropriate infrastructure to utilize and appliances that are more energy efficient (e.g.,
even sell excess power to the grid. This will not swapping the air-condition for an electric fan)
only make electricity cheap and affordable, but it may also be conducted.
could also contribute to the significant decrease
in GHG emissions. The imposition of a carbon And finally, considering that the Philippine
tax may also be explored to discourage the use contribution to global GHG emissions is
of coal, and also incentivize use of power from minimal, compared to the emissions of more
renewable energy sources. developed countries, continued engagement of
the international community should be pursued.
Alongside government’s implementation of these There is only one atmosphere in which the
programs, should be a conduct of education and emissions by anyone in the globe accumulates.
advocacy campaigns on the effects of utilizing Thus, a concerted effort among all nations must
non-renewable energy, how its GHG emissions be pursued to save this one planet we all inhabit,
contribute to climate change, and how it and save our fellow human beings.
ultimately affects everyone, especially the poor.

The advocacy campaign may target three Cedrik Flores is a public policy specialist with
levels: national, community, and household, a solid track record in research, technical
wherein advocating for renewable energy and writing, and government service. He also
calling for the lessening of the use coal may be provides policy and political analyses to
pushed at the national level. At the community various groups. He has an MSc in International
level, community leaders may be persuaded Strategy in and Diplomacy from the London
to utilize renewable energy technologies such School of Economics and and a Masters of
as waste-to-energy, solar, and biomass. Spaces Public Administration from the University of
may also be designed, such that it maximizes the Philippines.

43
Towards an Inclusive and Sustainable Post Pandemic Philippines

BIODIVERSITY-FRIENDLY ENTERPRISES:

The Synthesis of
Conservation, Livelihood
and Social Equity
BY JOHN JOSEPH S. CORONEL

Less than a month Even the polluted Manila Bay and Laguna
Lake—the two bodies of water that border
after the Luzon-wide the metropolis, and Pasig River, Metro

lockdown, noticeable
Manila’s main waterway, had shown signs of
recuperation inadvertently resulting from
changes in the countryside the enhanced community quarantine (ECQ)
imposed on the entire national capital region
and cityscapes have from 16 March to 15 May 2020.

been observed. Social That the ECQ gave Mother Nature an


media was abuzz with opportunity to recuperate is evident how
economic and various anthropogenic activities
observations that skies have impaired biodiversity and destroyed

are bluer and clearer; ecosystems.

expansive views of the A recent report by the international think tank,


Centre for Research on Energy and Clean Air
Sierra Madre mountain (CREA), and Greenpeace Philippines  “shows

range could be seen that air pollution has been making a gradual
comeback in the Philippine capital since
from windows of taller authorities began easing the lockdown
beginning May 16” (Conde, 2020). “But
buildings; and, salt and this backslide into business-as-usual can be

fresh water ecosystems preempted if local governments adapt existing


measures and transition to cleaner energy
had become cleaner. technologies” (Conde, 2020).

44
GROWTH BEYOND GDP AND SIMILAR METRICS of jobs and put emissions into structural
decline.
The Nobel Laureate in Economics and
Columbia Business School Professor, Joseph “Governments have a once-in-a-lifetime
Stiglitz, argued that “Business as usual is not opportunity to reboot their economies and
an option once the world emerges from the bring a wave of new employment opportunities
coronavirus pandemic… The debilitating effects while accelerating the shift to a more resilient
of COVID-19 worldwide offered governments and cleaner energy future,” Dr Fatih Birol, IEA
a chance to forge a green recovery with a new Executive Director, asserted (International
emphasis on fairness” (Billing, 2020). Environment Agency, 2020).

Favoring new climate-laced metrics to Sadly, this is not the case for the Philippines.
measure growth beyond the blunt instrument Last June 10, the Department of Environment
of GDP and to encompass sustainability and and Natural Resources (DENR) intended to
a “green GDP”, Stiglitz emphasized that the launch mining and river dredging as part of the
current crisis had again exposed short-sighted Philippines’ economic recovery response amid
thinking, reiterating that the most important the COVID-19 pandemic (Magsino, 2020).
indicator remained the impact of greenhouse
gas emissions (Billing, 2020). Once again, long term sustainability was
subsumed by short sighted economic gains.
The International Environment Agency And given President Duterte’s disdain towards
(2020) outlined energy-focused policies and international bodies and agencies, the
investments to move the world towards a recommendations of IEA where the Philippines
cleaner and more resilient future by proposing is not even a member are unlikely to sway
to world governments a Sustainable Recovery DENR away from ecologically destructive
Plan to boost economic growth, create millions enterprises.

45
Towards an Inclusive and Sustainable Post Pandemic Philippines

When the Foundation for the silver, and mercury” (Pearce 2017).
Philippine Environment (2015) drafted The Commission of Appointments
its national and regional agenda for rejected Lopez as Environment
effective and sustainable biodiversity Secretary.
strategies, its partners from amongst
civil society, conservations groups, DENR has shown no paradigm shift
the government, business sector, and for the new normal and is likely to
communities identified mining as the conduct its business as usual. And a
primary concern for Luzon, Visayas cash-strapped government facing a
major global crisis is hard pressed to
raise as much money in the shortest
That the ECQ gave possible time. In more than a few

Mother Nature
occasions, Duterte himself egged
some of his cabinet officials to “beg,

an opportunity to steal or borrow” to raise the necessary


funds needed for health care and
recuperate is evident social amelioration.

how economic and An alternative to extractive and

various anthropogenic
destructive activities such as
mining, logging and river dredging
activities have impaired are biodiversity friendly business
enterprises (BDFEs). Government
biodiversity and agencies like the DENR, Department

destroyed ecosystems.
of Trade and Industry (DTI),
Department of Agriculture (DA), the
National Economic Development
and Mindanao. Logging was a close Authority (NEDA) and the Department
second (FPE, 2015). of Tourism (DOT), among others,
should aid in promoting BDFEs in
“One of the first things I did when communities nationwide. But most of
I took office (as DENR Secretary) the work and much of the impetus lie
was a mines audit. Because the in the hands of the private sector.
mining happens in far-flung places,
nobody in power ever sees it,” the late For 2019, 24.17 billion pesos have
environmentalist, Gina Lopez, said been allotted to the agency, according
in an interview with Yale University to the Department of Environment
(Pearce, 2017). “For the first time, & Natural Resources (n.d.). DENR
people saw what was going on. A lot has allotted 10 million pesos for
of it was illegal. After exposing the the same year for BDFEs in marine
problem, I began to take away the protected areas (Mayuga 2019). This
permits of mining companies that minute amount seems no more than
worked in areas like watersheds, where a tokenism on the part of a national
it was against the law. And I banned government office tasked with both
open-pit mining of gold, copper, the income-generating use of natural

46
BIODIVERSITY-FRIENDLY ENTERPRISES:
The Synthesis of Conservation, Livelihood and Social Equity

resources and the protection of the Focus-Economics (2020) expected


environment. the Philippine economy to have
worsened further at the start of the
DENR can be described as second quarter due to the lockdown
schizophrenic; thus, a future policy and a sudden downturn in the global
consideration is the splitting of economy. The manufacturing PMI hit a
DENR into two departments—to new record low…while tourism plunged
have an agency totally devoted to over 50% in January–April. Al Jazeera
environmental protection with reported that more than 2.5 million
another engaged with the rational use Filipinos have lost their jobs during the
of natural resources. lockdown (Alindongan, 2020).

Environmental conservation and During this rush to go back to business


economic enterprises have often been with the relaxation of restrictions in
viewed as conflicting forces where terms of business and industry as well
the promotion of one necessarily as transportation and people’s mobility
leads to the detriment of the other. with the transition from various
The dichotomy of conservation and quarantine categories (ECQ to MECG
entrepreneurship becomes even to GCQ and finally to MGCQ) provides
more pronounced with the COVID-19 an opportune time to promote BDFEs
pandemic and its accompanying with the people now being more aware
negative impacts to the country’s of their susceptibility to menacing
economy. natural phenomena like COVID-19.

47
Towards an Inclusive and Sustainable Post Pandemic Philippines

THE BDFE FRAMEWORK


DENR has shown no
paradigm shift for the
As defined by the Biodiversity
Management Bureau (n.d.) of
new normal and is likely DENR, biodiversity-friendly

to conduct its business enterprises are “economic activities


and practices of micro, small, and
as usual. And a cash- medium enterprises, that promote
strapped government the sustainable use of biological
resources, create wealth and value,
facing a major global and, open opportunities for the
crisis is hard pressed to equitable sharing of benefits among

raise as much money


stakeholders.”

in the shortest possible Amparo Ampil (2018) who heads

time. DA’s Food, Agriculture and


Fishery Policy Division, stated that
biodiversity-friendly agricultural
practices (1) use traditional and modern technologies, and agriculture, fishery,
agro-forestry, and multi-cropping management techniques to contribute to
the maintenance of ecosystem resilience; (2) protect biodiversity reserves
and sanctuaries, including agriculture-important species, habitat networks
and biological corridors; facilitate regeneration of natural habitat; (3) protect
watersheds and wild habitats against conversion to other uses; using low-
input or less environmentally damaging systems that reduce soil erosion
and water run-off; and (4) adopt the principles of sustainable livestock and
poultry production, and use of water and fishery resources.

Lisa Paguntalan (2018) of the Philippine Biodiveristy Foundation Inc. argued


that “people want to have a variety of food but variety is only possible if
there are mangroves, sea grasses, coral reefs and other rich ecosystems.
Biodiversity also ensures food security” (Paguntalan, 2018).

The Biodiversity Partnership Projects, in its proposed labelling scheme,


stipulated that a BDFE product (1) adheres to the principles of biodiversity
conservation and environmental sustainability; (2) optimizes biodiversity
resources for poverty alleviation; and, (3) promotes rural-based micro, small
and medium enterprises to support inclusive economic growth (Ranada,
2015).

The International Union for the Conservation of Nature (n.d.) or IUCN


enumerated the economic opportunities of biodiversity businesses, as
follows:

48
BIODIVERSITY-FRIENDLY ENTERPRISES:
The Synthesis of Conservation, Livelihood and Social Equity

Biodiversity Growing Globalization New and


conservation and consumer has increased specialised
ecosystem health preference for the reach and markets which
can contribute sustainable and flow of small create incentives
directly to ethical products business products and opportunities
business and services is and services for small business
profitability (e.g. creating more to previously innovation and
ecotourism, and higher return inaccessible investment (e.g.
payments for opportunities markets and among venture
watershed for biodiversity consumers capital firms)
protection) businesses (e.g. (e.g. virtual
certification & marketing)
standards)

Local role in Increased Lower risks,


economy and market access improved
among labour through changing savings and
force enhance trade regimes, competitiveness
capacity to lower taxes on through new
contribute to products and business models,
local economic fewer regulatory improved supply
development, barriers to chains and
poverty international value addition
reduction and markets opportunities
livelihood
diversification

49
Towards an Inclusive and Sustainable Post Pandemic Philippines

Civil society groups supported by identified three major challenges to


the Global Environment Facility BDFE development in the country, as
(GEF) Fifth Phase of the Small follows:
Grants Program recommended 1. inadequate enabling environment
that BDFEs must be supported and incentives for private sector
through the provision of free assisted investments;
developmental recognition scheme 2. weak capacities of LGUs to
which incorporates support on value develop regulatory structures and
chain development, feasibility/ incentive systems; and,
valuation study, marketing linkage, 3. lack of incentives for local
and policy development (SGP- communities and private
5 Manifesto, 2018). Government enterprises to engage in resource
should increase its investments in conservation and invest in BDFEs.
biodiversity friendly livelihoods to
support communities in biodiversity BDFEs benefit not only the poorest
conservation areas; e.g., a simpler communities in both urban and
and free certification scheme (SGP-5 rural areas but they are also aimed
Manifesto, 2018). at alleviating the most marginalized
sectors like informal settlers,
Dr. Jose Regunay (2017) of the subsistence farmers, artisanal fishers,
Biodiversity Partnerships Projects women, and indigenous peoples.

During this rush to go back to


business with the relaxation
of restrictions in terms of
business and industry as well
as transportation and people’s
mobility provides an opportune
time to promote BDFEs with
the people now being more
aware of their susceptibility to
menacing natural phenomena like
COVID-19.

50
BIODIVERSITY-FRIENDLY ENTERPRISES:
The Synthesis of Conservation, Livelihood and Social Equity

INDIGENOUS PEOPLES RIGHTS AND strategy compared to the “fortress”


TRADITIONAL KNOWLEDGE conservation that the state uses to
declare, control, and define priorities
It is quite ironic that those whose very on conservation protected areas; it is a
way of life are in harmony with nature strategy characterized by minimized
are the very ones who are deprived participation in conservation
of the benefits of its bounty. Not only (Baguilat, 2018).
that, it is their ancestral domains that
are often trespassed by outsiders who The  Expanded National Integrated
wantonly ransack their habitat of its Protected Areas System Act of
riches. 2018 (ENIPAS) or Republic Act No.
11038, according to Baguilat (2018)
A recognized champion of indigenous empowers indigenous peoples
peoples rights, Ifugao Representative through the creation of coordination
Teddy Baguilat (2018), of the Liberal mechanisms in ancestral domains
Party favored inclusive conservation around the framework of IP rights.
that recognizes community agents, The act also strives to protect
respects local rights, adopts local ancestral domains through sustainable
governance, and acknowledges modernization and technological
positive results for local conservations. development, and ensuring
It is a more active conservation conservation of protected areas

51
Towards an Inclusive and Sustainable Post Pandemic Philippines

depending heavily on the capacities of


BDFEs benefit not only their immediate resources while still
the poorest communities living within the limits thereof. These

in both urban and rural


experiences have spanned millennia,
and from them, they have drawn a level
areas but they are also of understanding that have enabled

aimed at alleviating the them to anticipate when and how to


maximize nature’s abundance without
most marginalized sectors being excessive or abusive, while also

like informal settlers, being able to adapt with and adjust to


it during more difficult times. Through
subsistence farmers, this relationship, IPs and ICCs have
artisanal fishers, women, learned to recognize and respect land,

and indigenous peoples.


water, and all of nature around them as
sacred.

(Baguilat, 2018). In addition, Baguilat In this sense, indigenous peoples’


(2018) stressed that communities and communities are the country’s most
public servants must empower each precious resource and most productive
other in order to maintain the intricate force when it comes to conservation and
weave that is biodiversity. sustainability. Their historically and
spiritually-enriched knowledge base is
The Foundation for the Philippine invaluable to the BCSD cause. From
Environment (n.d.) argued that, “As their stories, critical lessons may be
the traditional managers of the natural extracted and adapted in combination
treasures…(indigenous peoples [IPs] with modern knowledge and technology.
and indigenous cultural communities As a result, informed and sustainable
[ICCs] are) primary stakeholders and strategies may be shared and set into
actors in biodiversity conservation action, not only on the local level but
and sustainable development-oriented also on a national level wherever they
initiatives. Even well before the may be adapted.
arrival and establishment of modern
industrialized societies, indigenous This author believes that indigenous
peoples and their communities have knowledge is an important component
relied upon traditional knowledge and of BDFEs and the integration of
adapted cultural practices to enjoy the traditional beliefs, practices and
myriad resources and benefits provided systems can be integrated in the
naturally by biodiversity.” FPE further design of biodiversity businesses.
explained that: Furthermore, IPs and ICCs can benefit
from BDFEs considering its aversion to
IPs and ICCs are historical experts destructive and extractive methods and
when it comes to the human-and- its adherence to the principle that those
nature relationship. They have who reside in communities and protect
survived throughout generations the ecology within these areas must
hand-in-hand with their environment, benefit most from local resources.

52
BIODIVERSITY-FRIENDLY ENTERPRISES:
The Synthesis of Conservation, Livelihood and Social Equity

THREE SUCCESS STORIES

To illustrate the various advantages of BDFEs, three case studies are briefly
explained in this article, as follows: (1) Rice-Duck Farming, (2) Social Fencing
in Ecotourism and (3) Non-Timber Forest Products in Ancestral Domains.

Rice-Duck Farming (Northern Samar)

The integrated rice-duck farming


system (IRDFS) involves rice
production and duck raising in an
irrigated paddy field. The paddling
movement of the ducks stimulates
plant growth, while duck manure
naturally fertilizes the soil. The ducks
also eat the harmful insects and
weeds; thus, eliminating the need for
pesticides and herbicides (Equator
Initiative-UNDP, n.d.).

A farmers cooperative in Northern


Samar, the Multi-Hari Action Access
Center, started with 12 pilot farmers
who engaged in this environmentally-
friendly agricultural practice and later
disseminated this technology to other
farmers in the area (Camps, 2018).
Ducks ate snails, insects and other
pests, and by rejecting chemical-based
inputs like pesticides and chemical
fertilizers, costs were minimized,
birds and other non-destructive fauna
that contribute to the preservation
of the ecosystem were not killed, and
waterways and river systems were
not further polluted (Camps, 2018).
Farmers earned from rice production,
and the sale of duck meat and duck
eggs (Camps, 2018).

Incidentally, economist from


the Ateneo de Manila University
believe that the Philippines could
rise from this pandemic stronger if
the government would implement

53
Towards an Inclusive and Sustainable Post Pandemic Philippines

reforms that encourage the underground river (UNESCO, n.d.)


development of an agriculture-driven The area also represents a significant
economy (Ordinario, 2020). habitat for biodiversity conservation,
contains a full ‘mountain-to-sea’
Social Fencing in Ecotourism (Puerto ecosystem, and has some of the most
Princesa City) important forests in Asia (UNESCO,
n.d.). A fragile ecosystem must
Social fencing involves decentralized be protected from unhampered
resource management by an disturbances brought about by
autonomous institution of resource tourism.
users founded on principles of
participatory decision making and A maximum of 780 tourists per day
equitable sharing of benefits and are allowed in the national park to
responsibilities by all members preserve ecological balance and
(Sarin, n.d). protect the bats and other wildlife
that reside in it (Salaverria, 2012).
A UNESCO World Heritage Site, the A study by DENR’s Ecosystem
Puerto-Princesa Subterranean River Research and Development Bureau
National Park features a spectacular recommended the said carrying
limestone karst landscape with an capacity (Salaverria, 2012).

54
BIODIVERSITY-FRIENDLY ENTERPRISES:
The Synthesis of Conservation, Livelihood and Social Equity

Michael Olave (2018) of the

Inclusive conservation
Sabang Sea Ferry Multi-purpose
Cooperative (SSFMPC) narrated that
social fencing was institutionalized
to support the conservation and
recognizes community
protection of this globally renowned agents, respects local rights,
national park. The three-pronged
strategies are the building of small adopts local governance,
social fencing areas by engaging POs
and IPOs; strengthening these fences
and acknowledges
by establishing local foundations positive results for local
through strong collaboration with
barangay councils and cooperation conservations.
with other community stakeholders;
and the buffer to buffer approach
of interconnecting the different provided support to NTFPs. The
interrelated ecosystems within the area. Foundation aspires to drive positive
change in poor Filipino household
Non-Timber Forest Products (Palawan) communities by investing in social
enterprises that will provide them
The Non-Timber Forest Products with viable livelihood and better
Exchange Program (n.d.) or NTFP- access to basic services (PEF, n.d. [1]).
EP, a collaborative network of over
60 non-governmental organizations The Nagkakaisang mga Tribu ng
(NGOs) and community-based Palawan (United Tribes of Palawan) or
organizations (CBOs) working NATRIPAL is an indigenous people’s
with forest-based communities organization with members from
to strengthen their capacity in the the Tagbanua, Batak, and Palau’an
sustainable management of natural communities supported by PEF
resources in the Philippines, India, (PEF, n.d.[2]). Livelihood activities
Indonesia, Malaysia, Vietnam, and from non-timber products like wild
Cambodia, “envisions self-empowered honey help its members to look
generations of forest-dependent after resources in their ancestral
communities, contributing to and domains (PEF, n.d. [2]). Among the
benefiting from sustainably-managed support given to beneficiaries were
forested landscapes and ecosystems, the training of 255 honey gatherers,
knowledge and cultural traditions.” It processors and buyers living in 10
lamented that communities often have communities (the syllabus included
no access to strategic information, proper honey harvesting techniques
practical technology, and financial and policies on environmentally
support to make viable enterprises sound and sanitary wild honey
(NTFP-EP, n.d.). gathering) and the purchase of
significantly greater quantities of
Though not part of the network, the good quality wild honey that can
Peace and Equity Foundation has contribute to its own competitiveness

55
Towards an Inclusive and Sustainable Post Pandemic Philippines

and sustainability, and improve key to the effective and sustainable


incomes of IPC households and the biodiversity conservation (Baguilat,
community in general (Angeles, 2018).
Brillante, Coronel & Reyes, 2017).
The Free Market Economy: Though
Some Key Points government support and subsidies
for BDFEs may be necessary in the
Livelihood is Always Integral: Key beginning and in the short term
biodiversity areas, ancestral domains in order to jump start businesses
and protected areas are home not enterprises that leave the least possible
just to diverse flora and fauna, environmental footprint, BDFEs must
actual communities live there and/ be competitive and profitable.
or extract resources in these areas.
In other words, conservation efforts Constructive interventions from
without taking into consideration the government can come in the form of
livelihood of the people residing in BDFE-friendly regulatory procedures
these places will most likely fail. like easier accreditation, tax incentives
and public advocacies and educational
Health Benefits: Aside from campaign to encourage consumers to
livelihood, conservation and social patronize BDFE products.
equity, health is another benefit of
BDFEs. Given BDFE’s logical bias in But ultimately, BDFEs gestate
favor of organic agriculture and the within the matrix of the free market
use of natural processes, food and economy. Price and quality are the
medicinal products from BDFEs are two factors considered by consumers
healthier. seldom considering whether such
products are biodiversity friendly
Governance and Political Culture: or not. To be viable and sustainable,
Baguilat (2018) argued that good BDFE’s must be able not only to
governance and the right political survive but also to prosper without
culture enable policies that promote having to be subsidized, at least, in the
biodiversity conservation and the long run. Furthermore, the budget
related issues of ancestral domain for such subsidies will most likely
rights. He also stressed that an be secured by government in the
efficient and unselfish government form of taxes and duties raised from
is the key to cultivating a political businesses that are not necessarily
culture that promotes biodiversity environmentally friendly. BDFE’s
conservation (Baguilat, 2018). must and can compete with non-
Thus, aside from empowering environmentally sound businesses in
communities, the people must also the open market.
empower leaders who are public
servants concerned with the greater
good rather than their own, limited
partisan and personal interests
(Baguilat, 2018). Communities are

56
BIODIVERSITY-FRIENDLY ENTERPRISES:
The Synthesis of Conservation, Livelihood and Social Equity

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word=#:~:text=For%202019%2C%20the%20DENR%20has,and%20 of-daily-visitors-to-underground-river-to-780#ixzz6QIvP6dad
to%20fight%20illegal%20logging.
Sarin (n.d.). “Actions of the Voicless: The Challenge of Addressing
Equator Initiative-UNDP (n.d.) https://www.equatorinitiative. Subterranean Conflicts relatedto arginalised Groups and Women in
org/2017/08/08/integrated-rice-duck-farming-and-value-chain/ Community Forestry.” http://www.fao.org/3/ac696e/ac696e07.htm

Focus-Economics (2020). https://www.focus-economics.com/ SGP-5 Manifesto. Conference Manifesto of the Small Grants Program
countries/philippines (SGP-5) National Conference (San Mateo, Rizal; July 27)

Foundation for the Philippine Environment (n.d.). “Stewards of the UNESCO (n.d.) https://whc.unesco.org/en/list/652/
Sacred Land: Indigenous Peoples and Community Conserved”. https://
fpe.ph/indigenous-communities.html/view/stewards-of-the-sacred-
land-indigenous-peoples-and-community-conserved-areas/all/0

International Environment Agency (2020). “IEA offers world ABOUT THE AUTHOR
governments a Sustainable Recovery Plan to boost economic growth,
create millions of jobs and put emissions into structural decline” (IEA,
June 18) https://www.iea.org/news/iea-offers-world-governments-a- John Joseph Coronel is the President of
sustainable-recovery-plan-to-boost-economic-growth-create-millions-
of-jobs-and-put-emissions-into-structural-decline the Center for Liberalism & Democracy
(2018-present) and former Executive Director
International Union for the Conservation of Nature (n.d.) https://www.
iucn.org/sites/dev/files/content/documents/bbf_small_enterprise_ of the Council of Asian Liberals & Democrats
training_en.pdf
(1999-2007). After CALD, his work focused
on environmental advocacies like biodiversity
Magsino, D. (2020). “DENR eyes mining, river dredging to spur
economic recovery amid COVID-19” (GMA News, June 10) https:// conservation, BDFEs and climate resiliency
www.gmanetwork.com/news/news/nation/742025/denr-eyes-mining- in his capacity as Knowledge Products
river-dredging-to-spur-economic-recovery-amid-covid-19/story/
Consultant of UNDP for the Fifth Phase of the
Mayuga, J. (2019). “Environment dept. allots P10 million GEF Small Grants Project; Communications
for local biodiversity-friendly enterprises” (Business Mirror,
Consultant of the Laguna Lake Development
Feb 14). https://businessmirror.com.ph/2019/02/14/
environment-dept-allots-p10-million-for-local-biodiversity- Authority (LLDA); and Editor and Writer for
friendly-enterprises/ the Foundation for the Philippine Environment
(FPE) and the Peace and Equity Foundation
Non-Timber Forest Products Exchange Program (n.d). https://ntfp.
org/who-we-are/ (PEF), the country’s biggest private funding

Olave, M (2018). “Some Best Practices in SG5 Landscape and


agencies for environment and social
Seascape Work”. Small Grants Program (SGP-5) National Conference entrepreneurship, respectively.

57
Democracy
Under Siege
LAWFARE AGAINST THE FOURTH ESTATE

Deplorable Shutdown during the Lockdown:


Sen. Kiko Pangilinan and fmr.
Deputy Speaker Erin Tañada on ABS-CBN
Franchise and Closure

Asian Liberals condemn Network Shutdown


and Media Persecution
#JUNKTERRORBILL

Terror on Terror: Why House Bill No. 6875


Deserved a “NO” Vote
by Rep. Kit Belmonte

Liberal International: Duterte’s ‘anti-terror bill’


a vicious blow to Philippines’ freedom

58
Democracy Under Siege | Lawfare against the Fourth Estate

feature

Deplorable Shutdown
during the Lockdown
PANGILINAN: CONGRESS IS MANDATED TO
ACT ON ABS-CBN FRANCHISE APPLICATION
(10 FEBRUARY 2020)

Congress has the duty to give due process to


ABS-CBN’s application for franchise renewal.

We are mandated under the law to give proper


course to any application, which Congress has
granted smoothly to other networks.

(As provided for in Republic Act 3846, or “An


Act Providing for the Regulation of Radio
Stations and Radio Communications in the
Philippine Islands, and For Other Purposes,”
commercial broadcasting corporations have
to secure a legislative franchise, also called a
congressional franchise, for them to operate.)

Complaints against the network should be


formally lodged before Congress to be tackled Liberal Party Philippines

in the hearing, giving opportunity for all sides


to be heard. Together with the Filipino people, the Liberal
kikopangilinan.com
Party of the Philippines has been here before.
While networks are here for profit, they also In 1972, when the ousted dictator imposed
exist for public service and as watchdog of martial law, he also arrested his critics and shut
government. Their continued operations should down major media outfits like ABS-CBN.
not be at the mercy of the government in power
that they seek to guard. This confluence of events was obviously
deliberate, aimed at slowly maiming the
broadcast network: the President’s incessant
STATEMENT OF LP PRESIDENT SEN. FRANCIS and open attacks, the absence of movement
PANGILINAN ON QUO WARRANTO from the lower chamber to tackle the pending
VS ABS-CBN (11 FEBRUARY 2020) franchise renewal bills and recently, as if
aiming for the kill, a quo warranto petition two
Freedom-loving Filipinos should come together months before the franchise of the network
and resist authoritarianism expires.

59
Democracy Under Siege | Lawfare against the Fourth Estate

Stacking the government with his supporters, TRANSCRIPT OF COMMENT OF SEN. FRANCIS
cracking down on the opposition, and silencing “KIKO” PANGILINAN ON RESOLUTIONS
the media using all resources at his disposal ON ABS-CBN FRANCHISE (4 MARCH 2020)
are indications of the country’s slide into
authoritarianism. Mr. President, Article 6, Section 12 of the
Constitution provides:
Freedom-loving Filipinos should come together
and resist authoritarianism in all its forms. “All Members of the Senate and the House
of Representatives shall, upon assumption of
A nation cannot be governed by way of threats, office, make a full disclosure of their financial
insults, intimidation, and violence. and business interests. They shall notify
the House concerned of a potential conflict
Kasama ng sambayanang Pilipino, ang Partido of interest that may arise from the filing
Liberal ng Pilipinas ay nanggaling na dito. of a proposed legislation of which they are
Noong 1972, nang ipataw ng pinatalsik na authors.”
diktador ang batas militar, inaresto rin niya ang
mga kritiko niya at pinasarado ang mga major Mr. President, just for the record, this
media outfits tulad ng ABS-CBN. representation is not an author nor a sponsor
of Concurrent Resolutions 6,7, and 8, and
Malinaw na sadya ang pagkakasabay-sabay Senate Resolution 344, all tackling the matter
ng mga pangyayari, at layong unti-unting of the ABS-CBN franchise.
siraaan ang network -- ang mga walang tigil at But having said that, Mr. President, my
lantarang pag-atake, ang kawalan ng pagkilos wife, Sharon, is also a contract artist of ABS-
sa mababang kapulungan para talakayin ang CBN and kahit na po mawala ang ABS-CBN,
nakabinbing panukalang batas para sa franchise palagay ko hindi naman ho gugutumin ang
renewal at kamakailan lang, isang quo warranto ating butihing maybahay at kabiyak. Ngunit
petition dalawang buwan bago magtapos ang gaya nga ng nabanggit kanina, ‘yung mga
franchise ng network, na tila ang pakay ay maliliit na manggagawa ng estasyon ang
tuluyan na ang network. maaapektuhan.

Anu-ano ang mga indikasyon ng pagdausdos ng Hindi lamang po ito. Ang buong bansa ay
bansa sa diktadurya? Punuin ng mga kakampi maaapektuhan ‘pag nawala po ang ABS-CBN
ang burukrasya ng gobyerno, durugin ang dahil milyun-milyon ang umaasa sa ABS-
oposisyon, patahimikin ang media gamit ang CBN kapag mayroon pong bagyo, kapag
lahat ng mapagkukunang yaman na kanyang mayroon pong pagputok ng bulkan, pagka
hawak. mayroon pong trahedya o kaya kalamidad.

Dapat magsama-sama ang lahat ng Pilipinong The right to information as well as the
nagmamahal sa kalayaan, at tutulan ang lahat freedom of the press, Mr. President, is
ng porma ng paniniil. likewise an issue here. Just for the record, Mr.
President.
Hindi pwedeng pamunuan ang bayan ng
pagbabanta, pag-iinsulto, pananakot, at
karahasan.

60
Deplorable Shutdown during the Lockdown

STATEMENT OF SEN. FRANCIS “KIKO” STATEMENT OF ERIN TAÑADA, FORMER DEPUTY


PANGILINAN ON NTC CEASE-AND-DESIST HOUSE SPEAKER AND LIBERAL PARTY
ORDER OF ABS-CBN (5 MAY 2020) VICE PRESIDENT FOR EXTERNAL AFFAIRS, ON
NTC’S CEASE-AND-DESIST
NTC order is grave abuse of govt power, ABS- ORDER AGAINST ABS-CBN (5 MAY 2020)
CBN should bring matter before Supreme
Court The pandemic is a crucial time for all of us.
Now, more than ever, we need a free press
We condemn this arbitrary exercise of to help us reach our people with timely and
governmental power. relevant information. What will issuing a cease-
and-desist order to ABS-CBN achieve? Will it
Ito’y kalokohan. Sa gitna ng pandemya ito help stop the COVID spread?
inaatupag ng gobyerno. 2.2 milyong Pilipino
na ang nawalan ng trabaho bunga ng COVIC We just celebrated Press Freedom Day last
pandemic at quarantine. Ang krisis ng kalusugan Sunday, and this is how we repay information
ay krisis na sa paggawa at pangkabuhayan ng and democracy front-liners?
mga kapamilya, kaibigan, kapitbahay, at kakilala.
Stopping ABS-CBN’s operation would cut the Sa sama-samang pagharap at pagtutulungan
income of another 11,000 employees. Wala na lamang natin malalabanan ang pagkalat ng sakit na
bang puso ang pamahalaan? coronavirus. Ito ang dapat pagtuunan ng pansin,
hindi ang panggigipit sa mga mamamahayag.”
Pero binuksan ang mga POGO. Para lang ba sa
dayuhan ang puso ng pamahalaan?
STATEMENT OF THE LIBERAL PARTY OF THE
Ito’y panggigipit sa malayang pamamahayag. Isa PHILIPPINES ON THE ABS-CBN SHUTDOWN (6
sa pinakamalaking media outfit na nagbibigay MAY 2020)
ng impormasyon at balita ang nais nilang
isara habang kailangang-kailangan ngayon ng By ordering ABS-CBN to shut down its
mamamayan ang totoong balita at impormasyon operations, the administration has hampered
sa panahon ng kalamidad. Issuing a cease and our collective capability to respond to the
desist order to ABS CBN cripples our ability to current public health crisis, upended the lives
disseminate information that can save lives. of thousands of workers and their families,
and put at risk those of many others who rely
This is grave abuse of discretion. The justice on accurate, timely, and reliable information
secretary has said provisional authority can to navigate the age of COVID-19.
be issued by the NTC. The NTC action is
highly irregular as it has issued hundreds of They chose to do this despite a provisionary
provisional authorities to other broadcasting status that would have allowed ABS-CBN to
companies pending the approval by Congress continue their work. They chose to do this
of their franchise. Singling out ABS-CBN is despite the many tasks that any reasonable
grave abusive of discretion. administration would have prioritized. Inuna
pa nilang ipasara ang ABS-CBN— habang
ABS-CBN should bring the matter before the hinayaan namang magpatuloy ang mga
Supreme Court. POGO.

61
Democracy Under Siege | Lawfare against the Fourth Estate

Dalawang buwan na mula nang unang If you would recall, EO 464 was President
nagtalaga ng community quarantine. Arroyo’s Executive Order that prohibited
Isang buwan na mula nang inanunsyong executive officials from appearing before
magkakaroon ng mass testing para sa Congress. The Senate of the Philippines
COVID-19. As of today we’ve tested less that expressed its sense, or the Senate in a
1% of our population, many of our frontliners resolution, saying that EO 464 was contrary to
still lack the support and equipment they need, the Constitution, notwithstanding the fact that
and there are still no plans for post-COVID the matter was before the Supreme Court.
economic safety nets.
Idinidiin namin ang mensahe ng aming In another incident or another situation,
Party Chair VP Leni Robredo: Hindi ito oras the declaration of a state of emergency by
upang manggipit o unahin ang pansariling President Arroyo, also in 2006. It was a sense
interes. Ang kailangan natin: Mas pinaigting of the Senate resolution despite the fact that
na mass testing, social amelioration, suporta the case was brought before the Supreme
para sa frontliners, at maayos na daloy ng Court, the arrest of columnist Randy David
napapanahong mga ulat tungkol sa kalagayan and the raid on the Daily Tribune undertaking
ng bayan. Ito dapat ang priority sa panahon ng 2006 the Senate, in a resolution adopted,
COVID-19. declared or at least expressed its sense that the
arrest of Randy David and the raid on the Daily
That this government would shut ABS-CBN Tribune was unconstitutional and unlawful.
down in the midst of a pandemic - where
media is both a lifeline and a source of comfort For that, Mr. President, I believe there has been
- calls into question their motivations, their past incidence or there has been precedence
priorities, and their commitment to our where despite the fact that a matter is pending
people’s well-being. before the Supreme Court, the Senate of the
Philippines has expressed its sense by way of
adopting a resolution.
MANIFESTATION OF SEN. FRANCIS “KIKO” That’s why in this sense, I believe this is a
PANGILINAN ON SENATE RESOLUTION 395 matter of public interest and therefore I
URGING THE NATIONAL TELECOMMUNICATION support the resolution.”
COMMISSION (NTC) TO RECONSIDER ITS
SHUTDOWN ORDER AGAINST ABS-CBN (11 * Senator Risa Hontiveros is the principal
MAY 2020) author and sponsor of Senate Resolution
395. Other co-authors of the resolution are
“I just wanted to manifest that we support Senators Juan Miguel Zubiri, Franklin Drilon,
the resolution. There were instances in the Ralph Recto, Sonny Angara, Ma. Lourdes
past despite the fact that a case had been Nancy Binay, Win Gatchalian, Leila De Lima,
filed before the Supreme Court on matters of Manuel Lapid, Emmanuel Pacquiao, and Joel
national concern, national interest, or public Villanueva
interest that the Senate of the Philippines took
on a position and approved a resolution. Sen Pangilinan is also a co-author of Senate
Bill 1521 seeking to grant provisional franchise
If I recall correctly, 2006 for example, the to ABS-CBN until June 30, 2022, as Congress
Senate of the Philippines passed a resolution deliberates on the renewal of its franchise,
the sense of the Senate that EO 464 was illegal. which expired on May 4, 2020.

62
Deplorable Shutdown during the Lockdown

STATEMENT OF SEN. FRANCIS “KIKO” free flow of life-saving information and in


PANGILINAN ON THE HOUSE COMMITTEE OF keeping the jobs of thousands of people.
THE WHOLE APPROVING HB 6732 WHICH
GRANTS ABS-CBN A FRANCHISE However, we want our courses of action to be right
UNTIL OCTOBER 31, 2020 (13MAY 2020) – from the bill’s landing at the House plenary to its
transmittal to the Senate for our own deliberation
OK na rin, lalong-lalo na sa 11,000 empleyado – so that we will have a provisional franchise that is
ng ABS-CBN at sa milyon-milyong mga legally and constitutionally firm and unassailable.
kapamilya na nanonood dito at nakakatanggap
ng balita sa panahon ng pandemya. May According to the Constitution, Article VI Section
pansamantalang lunas na Band-Aid. 26. (2) No bill passed by either House shall
become a law unless it has passed three readings
Pero parang asong nakagapos sa leeg ang on separate days, and printed copies thereof
kumpanya. Hihilahin lang nang mahigpit in its final form have been distributed to its
at hindi na maaaring tumahol at sa halip ay Members three days before its passage, except
hihiyaw sa hapdi. when the President certifies to the necessity of its
immediate enactment to meet a public calamity
Bakit 5 buwan lang at hindi 25 years tulad ng or emergency.
lahat ng iba pang nabigyan ng mga prangkisa
ng Kongreso? Hangga’t hindi naaprubahan ang It is within the power of the House to set this right,
franchise, maituturing pa rin na pag-atake sa and soon.
media at press freedom at paghamak sa ating
demokrasya ang nasabing usapin. Also, the nod of the House and the Senate will also
not automatically allow the network to operate as
the bill has to pass through the final approval of
STATEMENT OF SEN. FRANCIS “KIKO” the President.
PANGILINAN ON POSSIBLE CONSTITUTIONAL
VIOLATION IN HOUSE’S SECOND READING OF While we look forward to the provisional
BILL ON SHORT-TERM ABS-CBN FRANCHISE franchise, we hope to tackle in the near future
(14 MAY 2020) measures granting the network a renewed 25-
year franchise to finally resurrect its operations.
“We witnessed last night how our co-equal
chamber has fast-tracked the approval of the
provisional franchise bill of ABS-CBN. SPONSORSHIP SPEECH OF SEN. FRANCIS
“KIKO” PANGILINAN
In a few hours after its filing, the Committee ON SENATE BILL 1530 - NON-EXPIRATION OF
of the Whole approved HB 6732 on first and LICENSE OR FRANCHISE BILL |
second reading, and is expected to vote on it on SENATE COMMITTEE ON CONSTITUTIONAL
third reading early next week. AMENDMENTS AND REVISION OF CODES
3 JUNE 2020
It was a display of how measures in the chamber
can easily hurdle, if the leadership wills it. Good afternoon, colleagues.

We want ABS-CBN to be back on air as we It is my privilege to sponsor Senate Bill No.


know its operation is crucial in ensuring the 1530 under Committee Report No. 100 entitled

63
“An Act Amending Section 18, Book VII, employees of the ABS-CBN Corporation
Chapter 3 of the Administrative Code of the and the workers among their suppliers in
Philippines.” their business eco system, especially amid a
pandemic that has already cost our people
A franchise is a privilege granted by Congress over 2 million jobs. The Department of Labor
to public services and utilities. These and Employment has said that in the coming
include power and water, transport and months, anywhere between 5 to 7 million of
communications -- services vital to the survival our kababayans will also be losing their jobs. We
and progress of a nation and its people. cannot add to that suffering.

By its very definition, legislative franchises Senate Bill 1530 authored by Sen. Franklin
are imbued with public service, with Congress Drilon proposes to amend Section 18, Book
bearing responsibility for granting and VII, Chapter 3 of the Administrative Code of
extending such franchises. the Philippines to include franchises, stating
that “where a licensee or franchisee has made
Today, we seek to rectify a small omission that timely and sufficient application for renewal of
has been corrected in practice but not in law. a franchise or license, the same shall not expire
until after finally determined by the relevant
Today, we seek to correct this error not only to department, agency, or branch of government.”
uphold the right to free speech and expression,
but equally important, the right of the people The bill amends an existing provision under
to correct, relevant, timely, and accurate the Revised Administrative Code to include
information. franchises, “making it incumbent upon the
issuing authority to act on an application and
Today, in the age of massive disinformation avoid situations where silence or inaction could
and misinformation at the speed of thought, we effectively bar the operations of an enterprise.”
seek to promote truth-telling. Because truth is
the handmaiden of democracy. Truth has saved In a hearing for this bill held last week, all
us from thieving and tyrannical governments. of our resource persons that included legal
Truth, as the Bible says, will set us free. luminaries and government agencies regulating
licenses and franchises support this amendment
This right to truth is especially important and agree that it will indeed bridge the gap
now as the pandemic continues to claim lives. between law and practice and law. We are also
Because truth and accurate information save enlightened on how this measure will help in
lives. And especially as our country continues the pursuit of the rule of law and democratic
to face typhoons, earthquakes, and volcanic accountability.
eruptions. We, our people need to know what
to do before, during, and after such calamities. Hence, Mr. President, dear colleagues, I urge the
This right literally saves the lives of those who swift passage of this measure.
rely only on free radio and TV. Especially in the
so many remote, isolated, hard-to-reach islands
of our archipelago.

Today, we also seek to protect and defend the


right to decent work of approximately 11,000

64
feature
Democracy Under Siege | Lawfare against the Fourth Estate

Asian Liberals condemn


Closure of ABS-CBN

The Council of Asian Liberals and Democrats (CALD), in a statement released last
May 4 and signed by it Chair, Bi-Khim Hsiao, strongly condemned the closure of
ABS-CBN and the systematic persecution of media.
CALD Statement No.4, S. 2020
CALD believes that the fast, fair
CALD is outraged by the cease and desist order and free flow of information, as
of the Duterte administration to prohibit ABS- successfully exemplified by the
CBN from broadcasting to deliver crucial news
Democratic Progressive Party-led
and information that is vital particularly when
the whole country is struggling to survive and government in Taiwan, is crucial
recover from the COVID-19 pandemic. particularly during a crisis.

ABS-CBN, the largest broadcasting network During a congressional hearing on 10 March,


in the country, was ordered to stop its NTC Commissioner Gamaliel Cordoba assured
broadcasting operations by the government’s House of Representative members that NTC
National Telecommunication Commission would issue a provisional authority to ABS-CBN
(NTC) after the network’s congressional so it could operate beyond 4 May.
franchise expired on 4 May. ABS-CBN officially
went off the air on 5 May at 7:52pm. However, like a thief in the night, the
government broke its promise and delivered a
President Duterte made several threats prior to huge blow not just on a particular TV network,
the shutdown. In April 2017, he said he would but on the fundamental freedoms and basic
file a complaint and would block the network’s human rights of Filipinos. Justice Secretary
franchise renewal. In December 2019, he said Menardo Guevarra said that Duterte has total
that he’ll see to it that ABS-CBN is out and control of the executive department and has the
later said it is better to sell the network. power to reverse the NTC order, but no such
actions were done.
Congress has the exclusive right and
jurisdiction on legislative franchises under ABS-CBN has the widest broadcasting reach
the Philippine Constitution and it has yet to in the Philippines and has been providing
deliberate whether to grant, deny, extend, vital news to keep the public updated on the
revoke or modify the franchise renewal pandemic. In some places, ABS-CBN is the
application of the network. only news source of the people especially

65
In this regard, the members of CALD are
With the culture of impunity in the
united in making the following calls to the
country, journalists and media Philippine government:
people have been killed and
continue to be at risk during the Curb the Virus, Not the Flow of Information

Duterte administration. CALD condemns in strongest terms the shut


down of ABS-CBN and calls for the government
during this pandemic. The network, together to allow the network to operate freely. CALD
with executives, employees and celebrity believes that the fast, fair and free flow of
talents, has also been instrumental in helping information, as successfully exemplified by the
Filipinos address their daily needs through Democratic Progressive Party-led government
relief operations and fund-raising initiatives. in Taiwan, is crucial particularly during a crisis.
This will definitely provide efficient delivery
CALD echoes the sentiments of the Liberal of services and effective coordination between
Party of the Philippines, a founding member of and among stakeholders to flatten the curve and
CALD, “That this government would shut ABS- address the social and economic challenges.
CBN down in the midst of a pandemic – where
media is both a lifeline and a source of comfort No to Abuse of Power
– calls into questions their motivations, their
priorities, and their commitment to our During this health crisis, there should be
people’s well-being.” no room for unnecessary vindictive agenda
on the part of Duterte and his government
Philippine Vice President Leni Robredo, against people and institutions that form the
Chairman of the Liberal Party of the cornerstone of democracy. The Filipino people
Philippines, said stopping the network’s must remain vigilant of the authoritarian
operations would leave 11,000 workers jobless actions of the government and must always
and would cut off the free flow of correct and stand firm to hold them accountable.
timely information that gives direction to the
country’s actions in tackling COVID-19. Defend Press Freedom

“There should be no space for harassment When information is silenced, truth is silenced.
and personal agenda at this time when we This media shut down is clearly a setback to
should be working together…this free flow the collective efforts, sacrifice and unity of the
of information literally saves lives,” Robredo country at a time when everyone, especially
emphasized. the leaders, should be focusing on beating
the pandemic and protecting its people. Also,
Sadly, there is a systemic persecution of the with the culture of impunity in the country,
media in the Philippines. ABS-CBN is only the journalists and media people have been killed
latest case, but other media institutions such as and continue to be at risk during the Duterte
Rappler, the leading online news website in the administration. The international community
country, is facing closure as well due to legal must closely monitor these alarming situations
and tax cases. to protect and defend press freedom.

66
Democracy Under Siege | #JunkTerrorBill

TERROR ON TERROR
REP. JOSE CHRISTOPHER “KIT” Y. BELMONTE,
6th District – Quezon City

“We are repressing our freedoms!


We are in fact destroying our democracy!
Why are we adding terror to terror?”1

WHY HOUSE BILL NO. 6875


OR THE ANTI-TERROR BILL2
DESERVED A “NO” VOTE

It was surreal to say the least.


I watched in awe as the two tallest
towers in the world crumble like lego
bricks. It was 11 September 2001.

This Al Qaeda attack was one


of the simultaneous attacks made
upon key facilities or infrastructures
in the United States, including the
Pentagon, and most likely the White As a result of this shocking
House, the U.S. Capitol, or Camp incident, the United Nations
David.3 Almost 3,000 people, citizens Security Council (UNSC) adopted
of 78 countries, died that day. Several on 28 September 2001 UNSC
more experienced its residual effects. Resolution No. 1373 condemning
By 2018, due to exposure to toxic the Al Qaeda attacks and any act of
fumes and particles emanating from international terrorism. It called on
the towers as they collapsed, about states to work together urgently to
10,000 died of what they call 9/11 prevent and suppress terrorist acts
related cancer. These events changed through increased cooperation and
the Manhattan landscape, and highly full implementation of relevant
impacted the economy, and our way international conventions relating to
of life.4 terrorism.5

1 Explanation of NO Vote, 03 June 2020


2 Now Republic Act No. 11479, as the bill was signed into law by Prior to this, the Philippines
Pres. Rodrigo Duterte on 06 July 2020 experienced attacks of its own: the
3 Passengers of a fourth hijacked flight resisted the terrorists, caus-
ing the flight to crash in a field in Maryland.
4 https://www.history.com/topics/21st-century/9-11-attacks 5 http://unscr.com/en/resolutions/1373

67
Democracy Under Siege | #JunkTerrorBill

peace negotiations with the Moro


We are living in extraordinary times. International Liberation Front. The
siege ended with the government
The COVID-19 pandemic has forced us
forces declaring the crisis over 19 days
to adapt to a “new normal” based on later on 28 September 2013, following
the dictates of self-preservation and reports of the death of 167 MNLF
public safety. Nearly five months into the rebels, and the arrest of 247 more.10

pandemic, we are far from flattening the


Recently, in May 2017, the
curve. And we choose to train our eyes city of Marawi was attacked by the
on terrorism itself. Maute Group, a group that pledged
allegiance to the international
Rizal Day bombings in 20006 left terrorist network Islamic State (ISIS).
22 dead, and around 100 wounded.7 The city was declared “liberated” five
In the province of Palawan, one of months later by Pres. Rodrigo Duterte
the country’s top tourist havens, on 17 October 2017, a day after news
over 20 individuals, including three broke that the government troops
Americans: missionary couple Martin have killed the terrorist leaders.11
and Gracia Burnham, and Guillermo
Sobero, were taken hostage from the In a 2009 article, United
Dos Palmas Resort.8 States-based independent, non-
partisan think tank, the Council on
In the Mindanao region alone, Foreign Relations (CFR) declared
25 bombing and grenade attacks that the Philippines is considered
occurred within a period of twelve a “terrorist safe haven” by the U.S.
(12) years, from 2000-2012.9 And State Department since the said
these unrests continue. classification was created in 2006.12
But was the Philippine government
On 09 September 2013, incapable of addressing this situation?
following his declaration of the In the same article, CFR found that
establishment of the United as of 2007, the Philippines has taken
Federated States of Bangsamoro several counter-terrorism initiatives.
Republik, Nur Missuari, founding Over 100 Abu Sayyaf members
chairman of the Moro National have been killed or arrested, and
Liberation Front, attacked convicted another 14 for their
Zamboanga City. This took place role in the Dos Palmas incident.
after then Pres. Benigno S. Aquino Through the Department of Foreign
III announced that the government Affairs (DFA), the government also
is already in its final stages of commenced digitization of passports.
The Philippine Legislature passed
6 Five simultaneous bombings in a park, a gasoline station, an airport
cargo terminal, a bus, and a train station in Metro Manila was planned counter-terrorism measures, such
and carried out by the international terror group Jemaah Islamiyah.
7 https://cnnphilippines.com/news/2019/12/30/rizal-day-bomb-
ing-security-pnp.html
8 https://www.philstar.com/headlines/2001/05/28/90809/sayyaf-reb- 10 https://www.gmanetwork.com/news/news/regions/325855/time-
els-seize-20-palawan-resort line-crisis-in-zamboanga-city/story/
9 https://rappler.com/newsbreak/iq/things-to-know-about-terrorism- 11 https://rappler.com/newsbreak/iq/timeline-liberation-marawi-city
philippines 12 https://www.cfr.org/backgrounder/terrorism-havens-philippines

68
Terror on Terror

as the Human Security Act of 200713


or Republic Act No. 9372,14 and RA Both houses of Congress failed to sufficiently
10168 or the Terrorism Financing deliberate on the measure. They failed to
Prevention and Suppression Act of
2012.15
ensure that while the government forces
go primarily after the combatants and
The HSA was highly curb terrorism, the security and safety of
criticized by civil society and human
the citizens are protected. They failed to
rights groups for being vague and
overbroad. While recognizing the guarantee that the bill of rights is upheld,
government’s strong and legitimate and that violators are held accountable.
interest to prosecute terrorists,
Human Rights Watch, in particular,
was wary about the use of overbroad College of Law, now Presidential
and potentially abusive legislation. Spokesperson Atty. Harry Roque
The organization, instead, pushed laments that the HSA imposes a
for efforts to strengthen the justice prior restraint to the exercise of free
system.16 speech, association, and privacy. It
should not enjoy the presumption of
According to its proponents, constitutionality as on its face, the law
the HSA was purportedly passed to violates fundamental constitutional
help the government, particularly rights. This, while in the exercise of
the law enforcers to deal with extraordinary powers granted by
this threat to national security.17 the State, the law mostly still require
It provides for the definition of sanction by the courts, and damages
terrorism, authorizing surveillance for unproven charges of terrorism.19
and communication intervention, Citing (1) the urgent need to
procedure to declare terrorist groups/ address terrorism in the country;
organizations, warrantless arrests, (2) the prohibitive Section 50
access to accounts for purposes of of the HSA;20 and (3) fears of
examination, and creating an anti- being grey-listed by the Financial
terrorism council. Action Task Force (FATF)21—the
money laundering and terrorist
In his article “The Human financing watch dog, the House of
Security Act and the IHL Law of Representatives hurriedly passed
the Philippines: of security and on third reading House Bill No.
insecurity”18, former professor of 19 Republic Act 9372, Section 50
the University of the Philippines 20 SEC. 50. Damages for Unproven Charge of Terrorism. — Upon
acquittal, any person who is accused of terrorism shall be entitled
to the payment of damages in the amount of Five hundred thousand
13 Ibid. pesos (P500,000.00) for every day that he or she has been detained or
14 ook effect on 15 July 2007. deprived of liberty or arrested without a warrant as a result of such an
15 https://www.officialgazette.gov.ph/2012/06/18/repub- accusation. The amount of damages shall be automatically charged
lic-act-no-10168/ against the appropriations of the police agency or the Anti-Terrorism
16 https://www.hrw.org/news/2007/07/17/philippines-new-terrorism- Council that brought or sanctioned the filing of the charges against
law-puts-rights-risk the accused. It shall also be released within fifteen (15) days from
17 Harry L. Roque, Jr., “The Human Security Act and the IHL Law of the the date of the acquittal of the accused. The award of damages
Philippines: of security and insecurity” in Global Anti-Terrorism Law mentioned above shall be without prejudice to the right of the acquit-
and Policy, Ramraj, Victor V., et al. (ed.), United Kingdom. Cambridge ted accused to file criminal or administrative charges against those
University Press 2012 pp 310-333 (2nd edition) responsible for charging him with the case of terrorism.
18 Ibid. 21 https://www.fatf-gafi.org/about/

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687522 on 03 June 2020, repealing the enrolled bill to the Office of the
(not amending) the HSA. The said President posthaste.
bill, a purported consolidation
of six bills filed by members of The bill passed is infirm based
the House of Representatives, is on the following: (1) reasonableness
not even a shadow of its old self. and timing; (2) compliance to
In what we may conclude as an international instruments cannot be
attempt to speed up and railroad the sole compelling reason; (3) the bill
its passage,23 the committee is a prior restraint on the exercise of
version of the bill that came out free speech; and (4) the bill is vague
for plenary deliberations is nearly and overbroad.
identical to Senate Bill No. 1083.24
No amendments were accepted REASONABLENESS AND TIMING
during the period of amendments,
most likely to rule out the need to We are living in extraordinary
convene a bicameral committee times. The COVID-19 pandemic
based on the prevailing Rules of the has forced us to adapt to a “new
House of Representatives,25 and send normal” based on the dictates of self-
preservation and public safety. To
22 Republic Act No. 1147
23 The bill was certified as urgent by Pres. Rodrigo R. Duterte in a date, the Philippines has significantly
communication to the House of Representatives dated 01 June 2020.
24 Passed by the Senate on 26 February 2020.
breached the 60,00026 mark for
kikopangilinan.com
25 Section 61. Measures from the Senate. - Bills and resolutions the total number of confirmed
from the Senate shall be referred to and shall be acted upon by the
appropriate committee in the same manner as bills and resolutions cases in the country, ahead of
presented by Members of the House.
the University of the Philippines’
In cases where the Senate bills and resolutions are substantially the
same as House bills or resolutions previously reported by a House
committee, these may be disposed of as such measures entered in the session and entered in the Journal: Provided, That the chairperson
record of matters already reported. of the committee that reported out the bill or joint resolution under
consideration and the principal author(s) thereof shall be Members of
If the House bill or resolution is on Second Reading, the House may, the House panel; and Provided, further, That equitable representation
during the period of amendments, adopt the provisions of the Senate of the Majority and the Minority in the panel shall be ensured.
measure as an amendment to the House bill or resolution.
Section 63. Conference Committee Reports. - The conference com-
If the House bill or resolution is on Third Reading, the House may mittee shall finalize a report within sixty (60) session days from the
reconsider its approval on Second Reading. Thereafter, the House may, date of its organization. Otherwise, the Members of the House panel
during the period of amendments, adopt the provisions of the Senate shall submit a report to the House explaining why the conference
measure as an amendment to the House Bill or resolution. committee is unable to prepare a report.

Bills or resolutions of the House with the amendments of the Senate, A conference committee report shall be signed by a majority of the
as well as Senate bills or resolutions which are substantially the same Members of both panels on the last page and every page thereof. The
as House bills or resolutions previously approved, may be disposed of report shall contain a clear and detailed statement of the changes
immediately as pending matters. The House may concur with the Sen- in or amendments to the subject measures. Copies of the original
ate amendments to the House bill or resolution or adopt the Senate measures approved by the House and the Senate shall be attached to
bill or resolution as the House version of the measure. the report. The report shall be filed with the Secretary General together
with an electronic copy thereof.
Section 62. Conference Committee. – In cases where the House does
not agree with the Senate on any amendment to any House bill or The consideration of conference committee reports shall always be
joint resolution, or where the Senate has approved a similar bill to a in order, except when the Journal is being read, while the roll is being
House-approved bill, and these measures have conflicting provisions, called, or the House is dividing on any question.
differences may be settled by conference committees composed of
representatives from both chambers. The consideration of the conference committee report shall not be in
order unless copies thereof are distributed to the Members: Provided,
In resolving the differences between the two measures, the House That in the last fifteen (15) days of each session period, it shall be
panel shall, as much as possible, adhere to and support the House deemed sufficient that three (3) copies of the report, together with
bill or joint resolution. If the differences with the Senate bill or joint an electronic copy thereof, are filed with the office of the Secretary
resolution are so substantial that they materially impair the House bill General.
or joint resolution, the panel shall report such fact to the House for the
latter’s appropriate action. A conference committee report shall be ratified by a majority vote of
the Members of the House present, there being a quorum.
The Speaker shall appoint the Members of the House panel in a 26 https://newsinfo.inquirer.net/1307813/phs-virus-cases-surpass-
conference committee whose names shall be manifested in open 61200-mid-july-outpacing-up-experts-guess

70
Terror on Terror

them up for not wearing their mask,


The measure is too broad we arrest them for helping others,
that it gives state agents we let them go hungry, we blame
them for the rising numbers. And we
the license to detain or put
choose to train our eyes on terrorism
under surveillance people instead.
who post grievances on
social media, or who write COMPLIANCE WITH INTERNATIONAL
OBLIGATIONS
articles that are critical of
government. There is no arguing that
terrorism needs to be addressed.
predicted escalation of at least However, the claim of urgency in
60,000 by end of July 2020. We have passing the bill clearly has no basis.
significant community transmission. The equally controversial HSA
The National Capital Region and passed in 2007 is still in effect, which
Cebu province, two of the seats of should sufficiently address the issue
economic activity in the country, of ensuring that the State passes an
are considered high risk with an anti-terrorism law. Likewise, in 2012,
estimated reproduction number of during the 15th Congress, RA 1016829
around 1.28 and 1.8, respectively.27 was passed, further strengthening
the Anti-Money Laundering Act
Nearly five months into the in compliance with the FATF
pandemic, the government has yet recommendation on terrorist
to fine tune its response strategy financing.30
with the significant increase in
transmission. Nearly five months In his statement at the 65th
into the pandemic, we have yet Session of the General Assembly
ensure that effective and responsive on 26 October 2010, then Special
protocols are in place, and we have Rapporteur on the Promotion
yet to increase the capacity of our and Protection of Human Rights
health care system. Nearly five and Fundamental Freedoms while
months into the pandemic, we have Countering Terrorism, Mr. Martin
yet to determine clear targets to Sheinin declared that: “whatever
enable us to determine the effectivity justification the Security Council
of government interventions.28 Nearly may have had in September 2001
five months into the pandemic, we for the adoption of resolution 1373
are far from flattening the curve. (2001), its continued application
nine years later cannot be seen as a
And yet, despite all these proper response to a specific threat
concerns, we shoot people dead for to international peace and security.
being outside their homes, we beat Resolution 1373 (2001) goes beyond

29 Supra, note 15
27 https://www.up.edu.ph/covid-19-forecasts-in-the-philippines-ncr- 30 https://www.fatf-gafi.org/media/fatf/documents/reports/FATF%20
cebu-and-covid-19-hotspots-as-of-june-25-2020/ Standards%20-%20IX%20Special%20Recommendations%20and%20
28 Supra, note 21 IN%20rc.pdf

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the powers conferred upon the that are violating human rights and
Security Council and continues do not produce a proper response to
to pose risks to the protection of terrorism.” Authorities usually take
a number of international human measures without examining whether
rights standards.”31 old laws are producing any effect in
the fight against terrorism, enacting
In revisiting the state’s legislation that constitutes “a real
counter-terrorism legislations, danger to civil liberties.”33
Congress should have been more
circumspect in carrying out its In this case, the outcome
duty. For sure, our international was a measure that is tantamount to
obligations are not only in relation authorizing a modern-day version of
to UNSCR No. 1373, but also covers a witch hunt; another weapon in the
“all” other instruments in which guise of being a law.
we are state party, including the
Universal Declaration of Human
The measure also sets aside
Rights, and the Optional Convention
Against Torture, among others. checks and balances, and grossly
Likewise, we should also be mindful violates the Constitution not
of reports of the Special Rapporteurs
only due to its overbreadth and
who are experts in their fields. Mr.
Sheinin’s observations should have vagueness, but also its undue
been factored in updating counter- delegation of powers that
terrorism laws. otherwise would have been
reserved to the Judiciary.
Due to a claimed urgency,
both houses of Congress failed to
sufficiently deliberate on the measure. A CURTAILMENT OF FREE SPEECH
They failed to ensure that while the
government forces go primarily Soon after the HB 6875 was
after the combatants and curb transmitted to the Office of the
terrorism, the security and safety of President, the Philippine National
the citizens are protected. They failed Police, through its various social
to guarantee that the bill of rights is media accounts, posted propaganda
upheld, and that violators are held linking communism, activism, or
accountable.32 protests in general to terrorism.
No less than the National Security
In an interview with Rights Adviser and vice chairperson of the
International Spain in 2015, Mr. Anti-Terrorism Council, Hermogenes
Sheinin observed that “[p]anic Esperon, Jr. was quoted in his
produces very bad legislation. It press conference as declaring: “[k]
produces wrongly formulated laws ung tahimik naman sila, huwag sila
mababahala. Kung ang pakay mo bilang
31 https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-
4E9C-8CD3-CF6E4FF96FF9%7D/Terrorism%20A%2065%20258.pdf,
par. 39 33 https://www.liberties.eu/en/news/interview-with-martin-shei-
32 Section 37 House Bill No. 6875 nin-un-rapporteur/5222

72
Terror on Terror

aktibista ay magsaad ng iyong mga This perspective further strengthens


hinaing, social injustices, or request for concerns over Sections 5 to 9,36 in
better treatment or ideas, papayagan particular, criminalizing “threats,”
natin yan.” (If they are quiet or “proposal,” and “inciting” to commit
peaceful, they shouldn’t be worried. terrorism.
If your goal as an activist is to express
your grievances, social injustices, or In the case of Francisco Chavez
request for better treatment of ideas, v. Raul Gonzales,37 the Court ruled
we will allow that.). He cited Section that “… a governmental action that
434 of the measure. He, however, restricts freedom of speech or of
conveniently omitted the caveat to the press based on content is given
the exception clause stating that such the strictest scrutiny in light of
acts should not be intended to cause its inherent and invasive impact.
death or serious physical harm to a Only when the challenged act has
person, to endanger a person’s life, overcome the clear and present
or to create a serious risk to public danger rule will it pass constitutional
safety.35 muster, with the government having
This perspective clearly the burden of overcoming the
promotes thought policing, stifles presumed unconstitutionality.”
dissent, and puts at risk anyone who
will dare to voice out their grievances. The State should indeed
protect itself. But it should never be
34 Sec. 4. Terrorism. – Subject to Section 49 of this Act, done to stifle valid criticisms.
terrorism is committed by any person who within or outside the
Philippines, regardless of the stage of execution:

(a) Engages in acts intended to cause death or serious bodily 36 Sec. 5. Threat to Commit Terrorism. – Any person who shall
injury to any person, or endangers a person’s life; threaten to commit any of the acts mentioned in Section 4 hereof
shall suffer the penalty of imprisonment of twelve (12) years.
(b) Engages in acts intended to cause extensive damage or
destruction to a government or public facility, public place or Sec. 6. Planning, Training, Preparing, and Facilitating the Commission
private property; of Terrorism. – It shall be unlawful for any person to participate in the
planning, training, preparation and facilitation in the commission of
(c) Engages in acts intended to cause extensive interference with, terrorism, possessing objects connected with the preparation for the
damage or destruction to critical infrastructure; commission of terrorism, or collecting or making documents connect-
ed with the preparation of terrorism. Any person found guilty of the pro-
(d) Develops, manufactures, possesses, acquires, transports, visions of this Act shall suffer the penalty of life imprisonment without
supplies or uses weapons, explosives or of biological, nuclear, the benefit of parole and the benefits of Republic Act No. 10592.
radiological or chemical weapons; and
Sec. 7. Conspiracy to Commit Terrorism. – Any conspiracy to commit
(e) Release of dangerous substances, or causing fire, floods or terrorism as defined and penalized under Section 4 of this Act shall be
explosions penalized by life imprisonment without the benefit of parole and the
benefits of Republic Act No. 10592.
when the purpose of such act, by its nature and context, is to intimi-
date the general public or a segment thereof, create an atmosphere There is conspiracy when two (2) or more persons come to an agree-
or spread a message of fear, to provoke or influence by intimidation ment concerning the commission of terrorism as defined in Section 4
the government or any of its international organization, or seriously hereof and decide to commit the same.
destabilize or destroy the fundamental political, economic, or social
structures of the country, or create a public emergency or seriously Sec. 8. Proposal to Commit Terrorism. – Any person who proposes
undermine public safety, shall be guilty of committing terrorism and to commit terrorism as defined in Section 4 hereof shall suffer the
shall suffer the penalty of life imprisonment without the benefit of penalty of imprisonment of twelve (12) years.
parole and the benefits of Republic Act No. 10592, otherwise known
as “An Act Amending Articles 29, 94, 97, 98 and 99 of Act No. 3815, Sec. 9. Inciting to Commit Terrorism. – Any person who, without taking
as amended, otherwise known as the Revised Penal Code”: Provided, any direct part in the commission of terrorism, shall incite others
That, terrorism as defined in this Section shall not include advocacy, to the execution of any of the acts specified in Section 4 hereof by
protest, dissent, stoppage of work, industrial or mass action, and other means of speeches, proclamations, writings, emblems, banners or
similar exercises of civil and political rights, which are not intended other representations tending to the same end, shall suffer the penalty
to cause death or serious physical harm to a person, to endanger a of imprisonment of twelve (12) years.
person’s life, or to create a serious risk to public safety. [emphasis 37 G.R. No. 168338, February 15, 2008 – Francisco Chavez, petitioner
supplied] vs. Raul M. Gonzales, in his capacity as the Secretary of the Depart-
35 https://rappler.com/nation/hermogenes-esperon-jr-response-an- ment of Justice; and National Telecommunications Commission
ti-terror-law (NTC), respondents.

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VAGUE AND OVERBROAD intimidation the government or any


of its international organization, or
Some glaringly problematic seriously destabilize or destroy the
provisions of HB No. 6875 includes, fundamental political, economic, or
among others: (1) defining a terrorist social structures of the country, or
individual or organization;38 (2) create a public emergency or seriously
acts considered as constituting undermine public safety, shall be
terrorism;39 (3) terrorism by guilty of committing terrorism”.47
association;40 (4) criteria, procedure
and implications of proscription and Section 4 of HB 6875 may
designation;41 (5) warrantless arrests;42 very well be describing certain
(6) surveillance and wiretapping;43 government policies, such as its
(8) detention without charges for 14 shock-and-awe Project Double
days, extendible to another 10 days;44 Barrel,48 as acts of terrorism.
and (9) safe harbor provision for
implementors.45 The measure is too broad
that it gives state agents the license
The HSA enumerates crimes to detain or put under surveillance
as defined under the Revised Penal people who post grievances on social
Code as acts constituting terrorism media, or who write articles that are
when performed for the purpose of critical of government. And with
sowing and creating a condition of designation and proscription, one’s
widespread and extraordinary fear circle – organizations, clubs, friends,
and panic to coerce the government or even their personal physician may
to give in to unlawful demand, likewise be tagged as terrorists by
thereby providing for clear and association or by providing material
specific criminal act that may qualify support to other terrorists.
as acts of terrorism.46 On the other
hand, “terrorist acts” as enumerated The measure also sets aside
in HB 6875 simply provide for vague checks and balances, and grossly
acts which may be considered to fall violates the Constitution not only due
under crimes as provided for under to its overbreadth and vagueness, but
the Revised Penal Code, “…when the also its undue delegation of powers
purpose of such act, by its nature and that otherwise would have been
context, is to intimidate the general reserved to the Judiciary.
public or a segment thereof, create
an atmosphere or spread a message Under Section 29 thereof,
of fear, to provoke or influence by the ATC may simply issue a written
order to take into custody a person
38 Section 3 (l) and (m), House Bill No. 6875
39 Sec. 4-11, Sec. 14, ibid. suspected of committing acts of
40 Sec. 12-13, ibid.
41 Sec. 25-26, ibid.
terrorism. Worse, said person may
42 Sec. 29, ibid. (provision reminiscent of General Order No. 6 s. 1977 be detained for 14 calendar days,
authorizing the issuance of Arrest, Search and Seizure Order (ASSO)
by the Secretary of Defense.)
43 Sec. 16, supra note 37 47 Supra. 30
44 Sec. 29, ibid. 48 https://didm.pnp.gov.ph/images/Command%20Memorandum%20
45 Sec. 37, ibid. Circulars/CMC%202016-16%20PNP%20ANTI-ILLEGAL%20DRUGS%20
46 Section 3, Republic Act No. 9372 CAMPAIGN%20PLAN%20%20PROJECT%20DOUBLE%20BARREL.pdf

74
Terror on Terror

extendible for another 10 days, Finally, this dangerously


without the state agent incurring any overbroad measure that is prone
criminal liability therefor should it to abuse ironically gives the abuser
be a case of a mistaken arrest. This is a free pass with the “safe harbor”
in contravention of the Constitution, provision. Under Section 41 of the
specifically Article III (Bill of Rights) HSA, with the acquittal or dismissal of
Sections 1,49 2,50 and 14;51 and Article the charges, the person subject of the
VII Section 18 (on the suspension of case shall be awarded Php500,000.00
the writ of habeas corpus).52 per day of seizure of funds and
assets in the form of liquidated
Protecting the people from these damages. Proponents openly claim
external threats should not mean that this provision has allegedly
caused a chilling effect on the law
that they should be subject to
enforcement agencies in carrying
threats from by the very agents out their duties. Hence, Section 37
and agencies that are sworn and of HB 6875, removed provisions for
accountability, but provides good
mandated to do so.
faith defense for the law enforcers.
49 Section 1. No person shall be deprived of life, liberty, or property This provision will further embolden
without due process of law, nor shall any person be denied the equal
protection of the laws. state agents to go on an arrest and
50 Section 2. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and
seizure spree to harass anyone they
seizures of whatever nature and for any purpose shall be inviolable, may take a fancy to. They don’t need
and no search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after exam- to file a case. They can detain you for
ination under oath or affirmation of the complainant and the witnesses
he may produce, and particularly describing the place to be searched almost a month.
and the persons or things to be seized.
51 Section 14. (1) No person shall be held to answer for a criminal
offense without due process of law. There is nothing in the
(2) In all criminal prosecutions, the accused shall be presumed inno- measure that builds the capacity
cent until the contrary is proved, and shall enjoy the right to be heard
by himself and counsel, to be informed of the nature and cause of the of the law enforcement agencies to
accusation against him, to have a speedy, impartial, and public trial, to
meet the witnesses face to face, and to have compulsory process to
improve on their intelligence and
secure the attendance of witnesses and the production of evidence in evidence-gathering capabilities. No
his behalf. However, after arraignment, trial may proceed notwith-
standing the absence of the accused provided that he has been duly moves to further train personnel to
notified and his failure to appear is unjustifiable.
52 Section 18. The President shall be the Commander-in-Chief of all learn about and deal with terrorist
armed forces of the Philippines and whenever it becomes necessary,
he may call out such armed forces to prevent or suppress lawless
organizations. And nothing to ensure
violence, invasion or rebellion. In case of invasion or rebellion, when that negligence or malicious acts
the public safety requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas corpus or place the
Philippines or any part thereof under martial law. Within forty-eight of martial law or the suspension of the privilege of the writ of habeas
hours from the proclamation of martial law or the suspension of the corpus or the extension thereof, and must promulgate its decision
privilege of the writ of habeas corpus, the President shall submit a thereon within thirty days from its filing.
report in person or in writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its Members in regular or A state of martial law does not suspend the operation of the Consti-
special session, may revoke such proclamation or suspension, which tution, nor supplant the functioning of the civil courts or legislative
revocation shall not be set aside by the President. Upon the initiative assemblies, nor authorize the conferment of jurisdiction on military
of the President, the Congress may, in the same manner, extend such courts and agencies over civilians where civil courts are able to
proclamation or suspension for a period to be determined by the function, nor automatically suspend the privilege of the writ of habeas
Congress, if the invasion or rebellion shall persist and public safety corpus.
requires it.
The suspension of the privilege of the writ of habeas corpus shall
The Congress, if not in session, shall, within twenty-four hours follow- apply only to persons judicially charged for rebellion or offenses
ing such proclamation or suspension, convene in accordance with its inherent in, or directly connected with, invasion.
rules without need of a call.
During the suspension of the privilege of the writ of habeas corpus,
The Supreme Court may review, in an appropriate proceeding filed by any person thus arrested or detained shall be judicially charged within
any citizen, the sufficiency of the factual basis of the proclamation three days, otherwise he shall be released.

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considered terrorists. It is intended


In the middle of a pandemic, the to circumvent the constitutional and
State insists on prioritizing the legal structures that keep the vast
passage and enactment of a bill powers of the State in check, on the
pretext of fighting terrorism.
that creates a clear and present
danger to their exercise of the CONCLUSION
only freedoms that they can fully
As reaffirmed in the Global
exercise: their freedoms of speech
Counter-Terrorism Strategy, effective
and of thought. counterterrorism measures and the
protection of human rights are not
which results in damage to property conflicting goals, but complementary
or person of an innocent individual and mutually reinforcing. Therefore,
by erring law enforcers, are held the promotion and protection of
accountable. At best, it has a token human rights for all and the rule of
provision that valid dissent is not law is essential to all components of
contemplated. However, the caveat “… the Strategy.55
which are not intended to cause death
or serious physical harm to a person, Without a doubt, there is a
to endanger a person’s life, or to need to protect the citizens from the
create a serious risk to public safety” threat of terrorism. Such protection is
waters down this exclusion proviso. in itself upholding their basic human
right to life, liberty, and property. But
To make things worse, as protecting them from these external
HB 6875 is a special law, the acts threats, should not mean that they
enumerated therein are mala prohibita should be subject to threats from by
or acts that are not inherently evil or no means the very agents and agencies
wrong, but are, in fact prohibited by that are sworn and mandated to do so.
statute.53 In the 2016 case of Matalam
v. People,54 the court, speaking through Finally, in the middle of a
Associate Justice Marvic Leonen, pandemic, where the citizens are
held that ‘[w]hen an act is malum afraid, confused, and hungry; while
prohibitum, «[i]t is the commission their physical freedoms are shackled,
of that act as defined by the law, and and even their right to decent living,
not the character or effect thereof, adequate food, and other basic
that determines whether or not the needs are in peril, the State insists
provision has been violated.”’ on prioritizing the passage and
enactment of a bill that creates a clear
This bill was not merely and present danger, to their exercise
intended to help bring actual of the only freedoms that they can
terrorists to justice. It is intended fully exercise: their freedoms of
to widen the net of who can be speech and of thought.
53 https://www.merriam-webster.com/legal/malum%20prohibitum
54 G.R. Nos. 221849-50, April 04, 2016 - DATU GUIMID P. MATALAM, 55 https://www.ohchr.org/Documents/Issues/Terrorism/statement_
Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. GA26.10.10.pdf

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Terror on Terror

Duterte’s ‘anti-terror bill’ a


vicious blow to Philippines’
freedom —LIBERAL INTERNATIONAL
Joining a growing list of corona- the more important that we in the
dictators determined to exploit international community continue
the COVID pandemic to sure-up to follow and stand by all people
their support and raze liberal- active to restore democratic rights
democratic freedoms, Rodrigo and freedoms. Liberal International is
Duterte, notorious president of the working on all fronts also for Senator
Philippines, has successfully fast- de Lima. – Astrid Thors, LI Human
tracked human-rights compromising Rights Chairperson
legislation through congress,
effectively removing legal protections The draft law makes ‘incitement of
guaranteed in a liberal-democracy. others by means of speech, writings,
emblem’ a criminal offence despite
Exploiting his government’s failure to failing to define ‘incitement’ in the
respond effectively to the pandemic, bill’s text. The track record of the
Duterte now has the power to conduct Duterte administration in the past
surveillance without judicial oversight years (war on drugs, persecution of
on anyone deemed to be dissenting the opposition etc.) does not inspire
of the regime. The door is now confidence that it will not abuse the
wedged wide open for arbitrary arrest law to serve partisan or personal
and protracted prison sentences for interests.
anyone who might displease the
president. (News release of Liberal International, 10 June
2020)
This draconic law represents a
new threat to all persons working
for a free and democratic society,
in addition to the huge sufferings
endured by them already. In a recent
report (4.6.2020), mandated by the
UN Human Rights Council it was
noticed that between 2015-2019 at
least 248 human rights defenders,
legal professionals, journalists and
trade unionists have been killed
in relation to their work. It is all

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The Resiliency of the
Filipino Spirit
WOMEN POWER AND HUMAN RIGHTS

Empowering Women Means


Helping The World
by Vice President Leni Robredo

Keynote Speech during the


Diokno Human Rights Awards
by Vice President Leni Robredo

GONE WITH GLORY

A Guerilla and a Gentleman


by John Joseph Coronel

The Undelivered Speech of Sen.


Benigno “Ninoy” Aquino, Jr.

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The Resiliency of the Filipino Spirit | Women Power & Human Rights

EMPOWERING WOMEN MEANS


HELPING THE WORLD
BY VICE PRESIDENT MARIA LEONOR “LENI” GERONA-ROBREDO
(DELIVERED DURING THE WEBINAR, “AN OPPORTUNITY TO ADVANCE WOMEN’S
RIGHTS AND GENDER EQUALITY” ORGANIZED BY THE FRIEDRICH NAUMANN
FOUNDATIONFOR FREEDOM ON 29 MAY 2020)

Here in the Philippines, the


difficulties brought about by poverty
and marginalization have only
heightened under the pandemic.
Those who used to survive on
subsistence wages have had to rely
on government-provided aid to get
by. Those who lacked access to basic
services pre-COVID feel the effects
of the pandemic closer to their guts.
We know that, during times of crises
and national emergencies, cases
of domestic and family violence
increase, because victims are trapped
with their abusers in a single space.
Worse, many cases go unreported so
The world is definitely changed. victims cannot call out for help.
Economies have ground almost to
a halt. The traditional boundary There are even more troubling
between home life and work life reports indicating that, under the
has collapsed, and the way we Enhanced Community Quarantine
communicate is now filtered through (ECQ) or ‘lockdown’ as we call it, the
technology and other media. Many rules that were meant to protect us
of us here have probably spent have been prone to abuse. One such
the past months asking the big report narrates a woman being forced
questions: what will jobs look like? into sex by abusive police officers just
What will our schools look like? How so she can cross a border between
do families, friends, and neighbors cities to get a kilo of rice. Some of
celebrate with one another moving our nurses who serve at the front line
forward? How does this pandemic against the disease have been forced
magnify the persistent problem of to walk 10 kilometers to and from
inequality, particularly the inequality work because basic transportation
experienced by women? And how do remains shut down, and alternatives
we respond? remain absent in far-flung places.

106
Empowering Women Means Helping the World

The delivery of reproductive health formed the cornerstone of our


services to women is another success, and constant daily feedback
challenge we face. Even before the paved the way for improvement.
COVID-19 outbreak, the Philippines And, like many women who take
grappled with the highest rate of care of domestic work in their own
teenage pregnancy in the ASEAN homes, our work remains unfinished.
region, with almost 14% of Filipinas Protective equipment sets still need
below 18 years old getting pregnant in to be distributed; public transport
2018. Continuing reproductive health remains shut down, so we continue
programs will play a pivotal role to find—to provide free dormitories
in ensuring that the lives of young for front liners. We’re also expanding
girls in the poorest regions are not an app-based online community
burdened with the weight of raising a market to help out small vendors
child when the mother herself should who were hard hit by the lockdown,
still have her own future ahead of her. while ensuring that those who need
Amid all of these challenges, we must access to food and other basic needs
find our feet, and push forward. don’t need to risk going out of their
We cannot allow what we face to homes.
crush our spirit. As we have always
done throughout our struggle for Today, as we listen to our speakers,
equality, we have made much out of we will hear their stories—stories
little, and more than made do when of women providing leadership
we were given less. In our own efforts where it is absent, hope to those
to respond to COVID-19, my office— who have given in to despair, and a
the Office of the Vice President—has plan in a time where a clear view of
had to face a similar struggle. Our the horizon is as important to the
mantra, as always: Find the gaps and human spirit as food is for our bodies.
fill them. Find a way. I hope that the things we share here
reach all the worlds we inhabit—our
Two days after the shutdown of homes, our workplaces, and larger
public transportation was declared, communities.
we began providing free shuttle
services to medical workers, in I am confident that what we’ll talk
the end managing a total of eight about today will affirm our shared
different routes. The service lasted belief: The strongest societies are
a month. And it wasn’t easy. Every the most inclusive societies. These
day was a learning experience, but are places where the full measure
what we took away from this was of talent and experience from every
that an effective, organized means sector contributes to solving our
of mass transport was possible in the greatest problems. COVID-19 is the
Philippines. greatest challenge we have faced,
perhaps in the entirety of modern
And we didn’t do this alone. history. And as we have always done,
Working with the private sector was we will rise to meet this challenge and
crucial. Volunteers from everywhere eventually overcome.

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The Resiliency of the Filipino Spirit | Women Power & Human Rights

Ulat, Mungkahi Ukol sa


Pandemya, at Mensahe
ng Pag-asa
MARIA LEONOR GERONA-ROBREDO
Bise Presidente ng Pilipinas
29 Julio 2020

Sa puntong ito, halos isang buwan


na na mahigit isang libo bawat araw
ang dagdag sa mga COVID positive
cases ng bansa. Halos magdadalawang
libo na rin ang pumanaw, bukod
pa sa napakaraming naospital,
naubusan ng ipon, nawalan ng
trabaho, o nakakaranas ng paghihirap
at pangamba sa mga panahong
ito. Mahigit limang buwan na ang
lumilipas mula nang naiulat ang
unang kaso ng COVID-19 sa ating
bansa.

Sa malaking bahagi ng panahong


ito, minabuti ng Tanggapan ng
Pangalawang Pangulo na gawin ang
makakaya upang tumugon sa kahit
anong paraan basta may maitulong,
gaano man kalimitado ang aming
budget o mandato.

Humaharap ako sa inyo ngayon


upang iulat ang mga natutuhan Liberal Party Philippines
namin sa panahong iyon: Ang
feedback mula sa mga eksperto, sa panganib dahil kailangang
mula sa mga doktor, at mula sa mga magtrabaho, ng mga drivers, ng
pinakaapektado—ang hinaing ng mga mga locally-stranded individuals na
nasa komunidad, ng mga frontliners, napipilitang matulog sa hagdan o
ng mga napipilitang sumugod bangketa.

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Ulat, Mungkahi Ukol sa Pandemya, at Mensahe ng Pag-asa

Sa harap ng ganitong kalaking MGA MUNGKAHI


krisis, lalo lang tayong malalagay sa
panganib kung matitibag ang mga Una, linisin at pabilisin
institusyon nating pampamahalaan.
Ituring sanang karagdagang 1 ang pagkalap ng datos
ukol sa COVID-19. Kung
ambag ang pahayag na ito—mga magagawa ito, magiging
rekomendasyon at aral mula sa halos mas matibay ang pinagmumulan ng
limang buwan na naming pakikipag- mga desisyon, polisiya, at programa
ugnayan sa ating mga kababayan para para mapigilan ang paglaganap ng
labanan ang COVID. virus.

Hindi mapipigil ang pandemya kung Marami nang mga eksperto ang
basta mag-aabang na lang tayo ng naglabas ng iba’t ibang platform
bakuna. Kailangang maampat ang para maging repository ng datos.
pagkalat nito sa lalong madaling Ang kailangang gawin, piliin ang
panahon. Nagsisimula ang lahat pinakamainam dito, at gumawa
sa tamang datos, na pundasyon ng isang ecosystem ng pagtugon
ng tamang desisyon. Mula dito, kung saan standard ang pagka-
matutukoy ang kung sino at aling mga sentralisado.
lugar ang dapat tutukan pagdating
sa mass testing, contact tracing, Isa pa: Kung mali at buhol-buhol
at suporta sa mga komunidad at ang pag-input ng data, babagal ang
ospital. Kung magiging tama ang validation; babagal din ang proseso
tugon sa aspekto ng healthcare, ng decision-making. Halimbawa: Sa
mako-control ang community data na nakakalap, may discrepancy
transmission, magiging mas mabilis, sa mga nagpositive at confirmed
ligtas, at strategic ang pagbubukas ng cases. May mahigit 113,000 cases ang
ekonomiya, maiiwasan ang pagkawala nagpositive sa testing, ngunit nasa
ng trabaho, at hindi na dadami pa ang 80,000 pa lang nito ang confirmed
dadanas ng kahirapan. Mababawasan cases. Ibig sabihin, kailangan
ang pangamba ng pagsasara, at hindi talagang humabol ang verification,
na kakailanganing umabot sa punto dahil maraming positive ang hindi
ng pagle-layoff sa mga empleyado, agad naisasama sa opisyal na data.
o mas malala, sa pagtiklop ng mga
negosyo. Dapat magkaroon ng
communications campaign para
Ito ang broad strokes ng plano. ang mga nagpapagamot mismo ang
Wala akong duda na mulat ang tumiyak na wastong impormasyon
pamahalaan dito. Pero malaki ang ang naitatala tungkol sa kanila.
krisis, at maraming dapat gawin, kaya
kailangan nating lahat maging mas Malawak ang kakayahan ng
maliksi sa pagtukoy sa mga puwang, pamahalaang magpalaganap ng
at maging mabilis at malikhain impormasyon, kaya umaasa tayong
sa pagpuno nito. Heto ang ilang magagawa ito sa lalong madaling
mungkahi: panahon.

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The Resiliency of the Filipino Spirit | Women Power & Human Rights

Ikalawa, at karugtong Ikaapat, ukol naman sa

2 nito: Isama ang mga


pamantasan at academic
institutions para tumulong
4 mga locally-stranded
individuals: Nagpadala na
tayo ng rekomendasyon
sa validation process ng DOH. sa kinauukulan na bigyan sila ng
Maraming gustong tumulong, pero libreng swab test bago bumiyahe.
may mga pagkukulang sa volunteer Hinahanap din ang mas organisadong
management process. Ilista ang mga pagpo-proseso ng mga LSI—at hindi
handang tumulong at ang kanilang ‘yong napipilitan silang matulog
kakayahan, at agad na silang iugnay sa semento o sa ilalim ng tulay, o
sa mga unit na nangangailangan ng nagsisiksikan at nalalagay sa mas
tulong upang ma-maximize ang matinding peligro ng exposure sa
kakayahang ito. COVID. Kailangang maglaan ng
maayos na lugar kung saan puwede
Maraming paraan para ma-maximize silang maghintay ng biyahe nang
ang mga gustong tumulong. may sapat na espasyo at kung saan
Halimbawa na lang, puwede nilang din ine-enforce na minimum health
pag-aralan ang surveillance at pooled standards. Dagdag pa rito, kailangan
testing: Igugrupo ang mga tao at ding tutukan at bigyang-lakas ang
itetest nang minsanan ang grupong mga LGU para pag-uwi ng mga LSI,
ito. Kung nag-negative na, hindi magkakaroon sila ng maayos na
na sila kailangang isa-isahin pa. Sa pagkakakitaan. Puwede itong gawin
ganitong paraan, mas marami ang through cash-for-work programs na
matetest, pero mas makakatipid sa partikular para sa mga LSI.
mga testing kit.
Ikalima: Sang-ayon
Ikatlo, siguruhing mabilis
5 tayo sa pagkakaroon ng

3 ang turnover time ng mga


COVID-19 tests. Alamin
kung bakit nagkakabacklog,
isang “whole of nation
approach.” Maisagawa
sana ito higit pa sa pagkakaroon ng
kung saang mga laboratoryo ito mga bagong posisyon, bansag, o
nagaganap, at tulungan silang titulo ng mga tauhan. Ang totoong
makahabol. Sa ganitong paraan, on- whole of nation approach, maayos
time ding mahahabol ng mga contact ang pangangasiwa at kumukumpas
tracers ang mga dapat pang i-test. Sa sa iisang direksyon. Aling direksyon,
contact tracing, alam nating may mga at sino ang kukumpas? Dapat
model at teknolohiya nang gumagana, public health professional na tunay
tulad na lang ng sa Baguio. Para wala na nakakaintindi ng problema:
nang kanya-kanya, tumukoy na tayo Pandemya ang ugat ng lahat ng
agad ng iisang platform at technology, suliranin ngayon. Kapag napigil ang
iisang standard na proseso, at pandemya, isa-isa na ring malulutas
imungkahi sa mga LGU na ito ang ang iba pang hamon, kasama na ang
gamitin kaysa magkanya-kanyang sa ekonomiya.
diskarte.

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Ulat, Mungkahi Ukol sa Pandemya, at Mensahe ng Pag-asa

Ikaanim: Siguruhin ding na dito ang access sa counseling para

6 iisa ang kumpas ng


pampubliko at pribadong
sektor. Bukod pa sa usapin
sa mga healthcare workers sa mga
COVID ward. Magpatupad din dapat
ng sistema para hindi sila maburn-
ng data, pagdating din sa ayuda at out, tulad ng maayos na proseso ng
sa procurement ng mga kagamitan, pagrelyebo. Sang-ayon din tayo na
marami ang pagkakanya-kanya na dapat maging mas makatarungan ang
kung maiiwasan ay magdudulot pasahod sa kanila lalo na sa panahong
ng mas maliksing overall response ganito.
mula sa lahat. Dapat nang bumuo ng
risonableng consensus ayon sa iisang
stratehiya, at gumalaw ang lahat nang Ididiin ko lang: Pandemya ang
walang pag-aatubili, pangingimi, o
hadlang. ugat ng mga suliranin; kapag
mabisa itong matugunan,
Ikapito: Pangunahin

7 sa isang matibay na
matutugunan din ang iba pang
healthcare system ang hamon. Conversely: Habang
pagpapalakas sa mga
dumadami ang nagkaka-COVID
ospital. Siguruhin na equitable
at sistematiko ang pagbubuhos 19, lalo rin nating pinapatagal
ng resources sa mga ospital para ang paghihirap ng Pilipino.
makasabay sila sa demands ng
pandemya. Kung sisilipin ang Marami ang namamatay, at
national data, mukhang hindi pa hindi sila statistics lang. Bawat
overburdened ang healthcare system.
Pero iba ang sinasabi ng mga ospital
isa sa kanila, may kuwento, may
na nakakasalamuha namin. Marami pangarap; may pamilya sila, may
na silang kinakailangang tanggihan
nagluluksa para sa kanila. At
dahil wala nang espasyo. Natural lang
na dapat isaayos ang sistema para habang dumadami sila, lalo lang
makarating ang suporta sa mga lugar
tayong mahihirapang umusad
na pinaka nangangailangan nito.
tungo sa isang better normal—
At ikawalo, para sa dadami ang mga dadanas ng
8 ating mga healthcare
workers: Sila ang nasa kahirapan, dadami ang hindi
pinaka mapanganib makakaambag sa nation-
na situwasyon, at sila rin ang
pinakamahalagang sundalo sa
building, tatagal ang biyahe
laban kontra COVID-19. Natural patungo sa katuparan ng mga
dapat na pagtuonan ng ibayong
pangarap natin. Magkakaugnay
pansin ang lahat ng pag-aaruga, lahat
ng tulong, lahat ng kasangkapan at ang kapalaran ng bawat Pilipino.
serbisyong magagamit nila. Kabilang

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The Resiliency of the Filipino Spirit | Women Power & Human Rights

3
Sa ngayon, habang pinagsisikapan pagbabayanihan.
nating maampat ang pagkalat ng Ikatlo: Gamitin ang
pandemya, kailangang siguruhin buong puwersa ng
na may sapat na safety nets para economic cluster,
sa pinakanangangailangan, habang kasama ng akademya at iba
sinisiguro ding hindi na dadami pa pa mula sa pribadong sektor,
ang mawawalan ng kabuhayan. hindi lang para magpanday ng
mga risk assessment study, pero
MGA SAFETY NETS para tiyakin na nakabatay ang
mga desisyon sa pag-aaral na
Una sa mga hakbang na

1
ito. Sayang ang kaalaman kung
maaaring gawin para isasantabi lang din natin. Kung
dito ang pagsasabatas alam na natin kung alin ang mataas
ng stimulus package ang peligro, tiyakin nang ieenforce
sa lalong madaling panahon. ang mga karagdagang patakaran sa
Minumungkahi ng Pamahalaan na kanila, kung hindi man isususpinde
ipasa ang CREATE Bill para ibaba ang pagbubukas. Malalaman din
ang buwis ng iba’t ibang kumpanya, natin, mula sa mga industriyang
para maengganyo ang investors na mababa ang peligro, kung anong
pumasok sa Pilipinas. Magandang klaseng skills ang puwedeng
layunin ito, pero hindi ito sapat. pagsanayan ng mga empleyadong
hindi kayang mag-work-from-
Nailatag na naman ng mga home. Pag ma-upgrade ang
ekspertong ekonomista sa Kamara kanilang kaalaman, mabibigayan
sa anyo ng ARISE Bill. Kung sila ng ibang trabaho sa mga
maisasabatas ito, magkakaroon industriyang low risk.
ng dagdag at tiyak na pondo para
sa mga mga programa tulad ng
wage subsidies ng DOLE at cash-
for-work ng TUPAD. Malinaw
4 Ikaapat: Gumawa na
ng buffer stock ng lahat
ng mga materyales na
na mas nakatuon sa pinaka kailangan ng bawat pamilya sa
nangangailangan ang ARISE; mas panahon ng pandemya: Bitamina,
inclusive ito, at mas pro-poor. sabon, alcohol, face masks, at iba
Gamitin sana ang puwersa ng pa. Siguruhing hindi maaantala
mayorya upang ipasa ang batas sa ang supply chain. Tutukan ang mga
lalong madaling panahon. local producers: Suportahan sila ng
teknolohiya para mas marami pa
Ikalawa: Puwede

2
silang magawa, at mas maraming
ring magbigay ng makabili na gawang lokal.
tax incentives para
sa mga kumpanyang Ikalima: Atasan ang
magbibigay ng ayuda sa mga
apektado ng pandemya. Mabisang
paraan ito para mailahok ang
5 buong pamahalaan—
ahat ng unit at
ahensya, mula taas
pribadong sekto sa pambansang hanggang baba ng burukrasya—

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Ulat, Mungkahi Ukol sa Pandemya, at Mensahe ng Pag-asa

na i-patronize ang mga local ito: I-empower ang mga MSMEs.


businesses. I-prioritize ang mga Tutukan ang mga key industries
gamit na dito mismo ginagawa sa tulad ng agriculture. Sang-ayon ako
Pilipinas, kahit pansamantala lang. sa Plant, Plant, Plant. Ngunit hindi
Hangga’t maaari rin, i-prioritize ang ito sapat. Kailangang buhusan ng
pagtangkilik sa mga Micro, Small, pondo ang sektor ng agrikultura
and Medium Enterprises. Malaking para sa makabagong kagamitan
ambag ang mga ito sa pagsigurong tulad ng cold storage facilities
dadaloy ang enerhiya ng ekonomiya at drying facilities, at para sa
sa mga negosyo at komunidad. imprastruktura tulad ng farm-to-
market roads.
Ikaanim, ukol sa Social

6 Amelioration Program.
Noong una itong
inilunsad, binigyan
Mas mainam, mas pangmatagalan,
at mas marami ang matutulungan
kung nagmumula ang anumang
ng slots ang bawat munisipiyo at proyekto sa batayang pilosopiya:
lungsod. Maraming mga LGU ang Empowerment ng Pilipino para
namroblema dahil kulang ang panghawakan ang sarili nilang
binigay sa kanilang slots. Kailangang kapalaran. Ang pinakamahalaga:
gawing mas sistematiko ito; linisin siguruhin na ipapatupad ang mga
ang government data, at patalasin batas nang patas para sa lahat—nang
ang isang central database para sa walang pinapaboran o ginigipit, at
poverty statistics. Sa ngayon, may nang laging nakatuon sa karaniwang
iba-ibang registry para sa mga basic Pilipinong makikinabang sa trabaho
sectors, para sa talaan ng maralita, at kabuhayang malilikha.
para sa targeting ng mga social
protection at social welfare services. Gaya ng sa ekonomiya at ayudang
Pag-isahin ito, i-validate, at ibangga panlipunan, susunod din ang
sa talaan ukol sa COVID-19, upang tugon sa mga hamon sa edukasyon
matukoy kung sino ang dapat kung maiaayos ang tugon sa mga
i-prioritize sa SAP. Sa ganitong problemang pangkalusugan. Kung
paraan, walang palakasan, at mapa- maayos ang datos, matutukoy
prioritize natin ang mga tunay na natin nang may kumpiyansa kung
nangangailangan. saan ligtas magbukas ng mga
pampublikong paaralan. Para sa mga
Sa mga susunod na panahon, private schools: Now is not the time
kailangang harapin ang mga to burden them with unreasonable
suliranin sa ekonomiya. Siguruhing restrictions and requirements.
matutulungang makabangon muli
ang mga nagsarang negosyo, o di Ang kailangan nila, tulong at
kaya mag-engganyo ng pagbubukas empowerment—hindi patung-
ng bago; palakasin ang mga ito, para patong na papeles para payagan
makalikha ng trabaho. Tiyak kong silang magsimula ng distance
alam ng mga economic managers learning. Bukod dito, inihahain din
ang mga hakbang para magawa natin ang ilang mungkahi:

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TUGON SA EDUKASYON Ikalima: Gumawa ng

Una, siguruhing 5 pag-aaral at tukuyin na


agad ang mga lugar kung

1 mayroong internet hub


ang bawat barangay
upang magkaroon ng
saan walang community
transmission ng COVID. Sa mga
lugar na ito, lalo na sa mga mahirap
access ang mga estudyanteng ang internet access, pahintulutan
walang sariling gadgets sa mga ang limitadong pagtuturo sa mga
resources na mahahanap online. classroom.
Dito rin sila puwedeng magkaroon ng
mga tutor na magiging isa pang antas Ikaanim, para sa mga
ng suporta, lalo na kung may puwang
sa kaalaman o may ibang kailangang
tutukan ang mga magulang.
6 namatayan: Bukod sa
karaniwang ayuda
tulad ng pagamot at
SAP, kailangang intindihin ang
Ikalawa, mag-target malawakang epekto sa mga naiwan.

2 ng mga pinaka
nangangailangang
Dagdag sa pagluluksa, nawalan sila
ng breadwinner o nabaon sa utang.
estudyante upang Kapag pinabayaan natin ang mga
mabigyan ng gadget o device para naiwan, lalo na ang mga anak na
hindi maantala ang kanilang pag- nag-aaral, tatawid sa susunod na
aaral. henerasyon ang pinsalang dulot ng
pandemya.
Ikatlo, capacity building

3 para sa mga teachers.


Maraming guro ang
Isang paraan para tugunan ito:
Palawakin ang mga scholarship
may malalim na program para matulungan ang
karanasan sa subject matter nila, mga tinamaan ng COVID: Silang
pero nahihirapang makahabol sa napilitang simutin ang ipon, mga
demands ng distance learning. nabaon sa utang dahil sa gastos sa
Kailangan silang tulungan; ospital, o mga nawalan ng trabaho at
kailangang ilapit ang pagsasanay sa kabuhayan. Bigyan ng scholarships
kanila, para hindi na ito manganak ang mga namatayan. Kailangang
ng mga puwang sa kaalaman ng mga tukuyin ang mga dependent ng
estudyante. mga pumanaw, at magbukas ng
scholarship fund para sa kanila.
Ikaapat: Gumawa ng

4 modules na magtuturo
sa mga magulang kung
paano magsagawa ng
Malinaw ang pangambang bumabalot
sa lahat. Kita ito sa mukha ng mga
nakasalamuha namin sa ating COVID
home schooling. Kasama na dito ang response efforts. Binibigkis tayo
paghahanda ng weekly or monthly ngayon ng pangambang ito—pero
curriculum na puwedeng ang binibigkis din tayo ng panindigang
magulang mismo ang magturo sa maalpasan ang ating mga suliranin.
kanilang anak. Idinidiin ng pandemya ang aral:

114
Ulat, Mungkahi Ukol sa Pandemya, at Mensahe ng Pag-asa

Magkakarugtong ang diwa nating ng COVID. Malinaw sa akin, hindi


lahat. Magkakarugtong ang kalusugan pasaway ang Pilipino, kundi laging
at kaligtasan natin, at karugtong handang tumulong sa kapwa. Hindi
naman nito ang bawat aspekto inutil ang Pilipino, kundi may tapang
ng buhay natin, mula ekonomiya at talino na humarap sa anumang
hanggang edukasyon. Nakatahi ang hamon. Hindi talunan ang Pilipino. At
laylayan sa alinmang sentro, mula tiyak na magtatagumpay tayo laban sa
Batanes hanggang Jolo. pandemyang ito.

Nasa iisang panig tayong lahat, at ang Uulitin ko: Kinaya na natin ang
pagkamulat sa katotohanang ito ang marami pang ibang hamon, at
susi sa pagharap sa hamon ng COVID. kakayanin natin ito.
Nakikita natin ito sa halimbawa ng
mga bansang nagkaroon ng mabisang
tugon sa pandemya. Hindi kalabisang
mangarap na kaya rin natin ang
ginawa ng Taiwan, ng South Korea,
Vietnam, ng New Zealand—mga
bansang gumawa ng malinaw at tiyak
na hakbang, itinuon ang resources sa
tunay na kailangan, at nagtulungan.
Kaya din natin iyon. May sapat tayong
kakayahan, sapat dapat na resources,
at sapat na kaalaman.

Malikhain tayo. Maabilidad tayo.


At sa dinami-dami ng pagsubok
na pinagdaanan natin—sa lahat ng
sakuna, sa digmaan at diktadurya,
sa pananakop—may isang bagay na
tiyak: Nakaalpas lang tayo dahil hindi
tayo nagkanya-kanya; dahil pinalawak
natin ang saklaw ng malasakit natin;
dahil itinuring nating kakampi ang
bawat Pilipino, ipinaglaban natin sila,
minahal natin sila.

Nakita ko ito mismo sa napakarami


nating mga kababayan na lumapit
sa aming Tanggapan para magbigay
ng donasyon, para mag volunteer
na magdala ng PPE at pagkain sa
ating mga frontliner, para mag-
ambag ng kanilang panahon at talino
para makatulong sa gitna ng krisis

115
Thea Resiliency of the Filipino Spirit | Gone with Glory

A GUERILLA AND A
GENTLEMAN
BY JOHN JOSEPH S. CORONEL

A mere ten hours after the attack on Pearl two grenades were hurled killing nine
Harbor on 7 December 1941, the Japanese people and injuring almost a hundred
invasion of the Philippines began. more.

The country had an estimated population Of the survivors, one of the most
of 17 million in 1941. There were more severely injured was Senator Jovito
than 900,000 civilian and 57,000 R. Salonga. The bombing rendered
military deaths resulting from the war him permanently blind in one
(World War 2 Database, n.d.). Other eye and deaf in one ear; he lost
sources estimate casualties at over a the dexterity of the fingers, some
million (University of Alberta, n.d.). of which remained irreparably
distorted, and his arms bore the dark
“At least 250,000 Filipinos fought with scars of this even darker chapter in
American forces in World War II and after Philippine history. Until his death
the notorious Bataan Death march in April in 2016 at the age of 96, more than a
1942 and the withdrawal of most U.S. hundred shrapnel were permanently
forces, the fight against the Japanese was embedded in his impaired body.
left mostly to locals. Ordinary Filipinos
hidden in the jungles and mountains led But that was not his first brush with
the resistance” (WUNC, n.d.). death. Nor was it to be the last. This is
the story of the former.
One such ordinary Filipino was a poor
but brilliant law student turned guerilla. After several surgeries, Salonga
He would survive the war, live long to himself narrated that, “None of my
experience even greater successes albeit 34 doctors gave me a more than a five
much greater sacrifices, and become a percent chance to live.” Surviving the
great statesman, a most intellectually Plaza Miranda bombing was not his
brilliant and principled Filipino political second lease on life. It was his third.
leader and moral compass.
Ka Jovy, as Salonga was fondly
But it was during this time when he was called, was only 21 years old when
an unknown that served as the crucible, the Japanese invasion of the
which forged his character that prepared Philippines began on 8 December
him for the even bigger threats and 1941, a mere ten hours after the
challenges ahead. attack on Pearl Harbor. He
postponed his law studies at the
On 21 August 1971, during the Miting University of the Philippines and
de Avance of the Liberal Party at the joined the underground resistance
Plaza Miranda in Quiapo, Manila, movement.

116
A Guerilla and a Gentleman

Salonga himself mentioned that the he was a bemedaled war hero were
Plaza Miranda bombing was one of central in his every political campaign
two momentous events that brought from the first time he ran for
him to the verge of death. The first congress in 1949 immediately after
was in April 1942 when, after being the war, which started his climb to the
captured by the Kempeitai, the presidency in 1965, up to the historic
dreaded Japanese military police, he snap presidential elections of 1986,
was tortured in the presence of his which was immediately followed by
aging father. his disgraceful ouster.

Salonga was caught spreading war- “United States Government archives


related news from Allied sources for 35 years show that repeated Army
to counteract Japanese propaganda investigations found no foundation
(Bueza, 2016). During the celebration for Mr. Marcos’s claims that he led
of Kigen Setsu (Foundation Day of a guerrilla force called Ang Mga
Japan) on 11 February 1943, he was Maharlika in military operations
pardoned despite being sentenced by against Japanese forces from 1942 to
the military court for 15 years of hard 1944,” Jeff Gerth (1986) of the New
labor and released along with other York Times reported.
prisoners whose names were drawn in
a lottery (Bueza, 2016). “Between 1945 and 1948 various
Army officers rejected Mr. Marcos's
As columnist, Ceres Doyo (2016), two requests for official recognition
observed, “Martyrdom may not be of the unit, calling his claims
Salonga’s crown, but blood he had distorted, exaggerated, fraudulent,
copiously spilled while in pursuit of contradictory and absurd. Army
dreams for his homeland.” investigators finally concluded that
Maharlika was a fictitious creation”
Later the war hero and veteran would (Gerth, 1986).
state that “Freedom is the bedrock
of human dignity, the one value Salonga had been a bitter and fierce
we should never compromise or critic of Marcos even before Martial
surrender. Freedom is the catalyst Law. Together with other prominent
in all our efforts toward national LP leaders like Ninoy Aquino and
development; it is the precondition Gerry Roxas, he warned the people
and the objective of our collective of the tyrannical path the country
endeavor. For a nation of sheep can was leading into. After the 1972
never be great.” declaration of Martial Law, Salonga,
a bar topnotcher, defended his fellow
Interestingly enough, the critics of the regime.
archnemesis of Salonga was not a
foreign invader but rather, a Filipino In 1980, the defender became the
dictator who was an army officer defendant as the prisoner of war of
during the war. Ferdinand Marcos’s foreign invaders became a prisoner of
claims that he led a guerilla force and conscience of a homegrown tyrant.

117
The Resiliency of the Filipino Spirit | Gone with Glory

Because of the public outcry, our destiny in our own hands


Salonga was later released and and faced the uncertain future
was offered a scholarship in with boldness and hope and
Yale University; he returned faith.”
to the country in 1985 (Dizon,
2016). While in exile, he Salonga was senate president
vigorously campaigned for from 1987 to 1992, the second
the restoration of Philippine longest in the country’s
democracy. history. Both as President of
the Senate and the Liberal
Salonga whose birth centennial Party, he campaigned for the
was last June 22 fought side abrogation of the US-RP Bases
by side with Filipinos and Treaty. I would opine that it
Americans during the Second was not that he fell out of love
World War. After that, he was of America but he loved the
able to study in two of the Philippines more.
“We are writing a top universities in the United “We are writing a glorious
glorious chapter in our States, Harvard and Yale. And chapter in our history,” he
here lies the paradox. declared on 16 September 1991,
history,” he declared “and today, we have finally
on 16 September 1991, Even when he was in exile summoned the political will
“and today, we have in the US during the Marcos to end 470 years of foreign
dictatorship, Salonga had military presence.”
finally summoned the
argued that the United States
political will to end is keeping Southeast Asia It was a costly decision, and
470 years of foreign from becoming a nuclear-free backers from the business
military presence.” zone and that the two major community withdrew their
bases on Philippine soil pose a support for Salonga’s 1992
threat of nuclear annihilation presidential bid. He was also
(Reeves, 1985). on a political collision course
with then President Corazon
Culling from his experiences as Aquino who favored the
a guerilla and a prisoner of war, retention of the bases.
Salonga remained steadfast
with his belief that the more In January 2011, the National
than four and a half centuries Institute for Policy Studies
of foreign military presence (NIPS) published a special
in the archipelago must come edition magazine to celebrate
to an end. “We cannot and do the election of Benigno
not deserve freedom unless we Simeon “Noynoy” Aquino III
are prepared to fight for it, to as the 15th president of the
suffer for it and, if necessary, country and to commemorate
to die for it,” Salonga asserted. the 65th foundation
“In our history as a nation, our anniversary of the Liberal
best years were when we took Party. The magazine featured

118
A Guerilla and a Gentleman

a tribute to Ka Jovy which without dignity, and most of accomplish in a single lifetime,
I authored. He was already all, power without principles” especially given his simplicity
seriously ill during that time. (Coronel, 2011). and humility. There are many
Five years later, he peacefully reasons and causes, but he did
passed away. The men and women of the learn early on the primacy of
greatest generation, as Tom life and liberty.
I observed, noting another Brokow described the ordinary
paradox, that, “The more he Americans who fought during As he once articulated,
took destiny in his own hands, the second world war, returned “Freedom is never granted. It
the more that the forces of home from Europe, Asia and is always asserted and affirmed.
destiny seemed to have taken the rest of the globe and they Its defense is an everyday
control over him. Because transformed America; they endeavor—sometimes in the
he loved freedom, he was gave so much and asked for so field of battle, oftentimes in the
imprisoned and tortured by little (Amazon, n.d.). contest of conflicting wills and
an invading foreign army. ideas. It is a daily struggle that
Because he was a man of In so many instances and not may never end—for as long as
peace, he was maimed by just as war hero, this Filipino we live.”
political violence. Because from the greatest generation
he took the side of tolerance, returned home wherever the Salonga remains known,
he was incarcerated by a circumstances dictated where respected, admired and loved
dictator. Because he loved the home would be and from for many reasons, and given
Philippines and Filipinos more where he would be coming the many dimensions of his
than his own life, he was forced from—from a war prison multifaceted persona. He was
into exile in a foreign land. camp slash torture chamber, a brilliant lawyer, a scholar
Because he sought the highest from a hospital after a near and intellectual giant, a pillar
office of the land in order to death experience, from a of civil society, an unwavering
be a servant of his people and dictator’s prison cell, from patriot, a great statesman, an
not a slave of interest groups, exile to a foreign land, and accomplished legislator and
he was abandoned by his own from the top universities the best president this country
allies and he was punished for in the Philippines and never had.
his stubbornness. America. And in so many
other instances, whether he But of the many things he
“At first glance he can be viewed was at rock bottom or while accomplished, probably not so
as a victim of circumstances- walking the corridors of known are his exploits as an
-a good part of his life spent power, Salonga transformed ordinary person—a young man
reacting to the series of this country for the better, a fighting an invading foreign
unfortunate events that came country that demanded and army. During this brief
his way. But on the contrary, got so much from he who episode in his life, Salonga
he was always in control. He asked for so little for himself. exemplifies the freedom
took his destiny in his own fighters of the past whose
hands precisely by rejecting From being a guerilla in stories remain relevant today
what would have been the his youth to his dying day, when the cherished values they
alternative—comfort without Salonga gave and gave and fought for are under threat.
courage, material wealth gave, leaving behind a legacy
without integrity, social prestige so great for just one man to It’s all about freedom.

119
The Resiliency of the Filipino Spirit | Gone with Glory

THE UNDELIVERED SPEECH


OF SEN. BENIGNO “NINOY”
AQUINO, JR
UPON HIS RETURN FROM THE U.S. ON 21 AUGUST

in America, but I feel it is my duty, as it is


the duty of every Filipino, to suffer with
his people especially in time of crisis.

I never sought nor have I been given


assurances or promise of leniency by the
regime. I return voluntarily armed only
with a clear conscience and fortified in the
faith that in the end justice will emerge
triumphant.

According to Gandhi, the willing sacrifice


of the innocent is the most powerful
answer to insolent tyranny that has yet
been conceived by God and man.

I have returned on my free will to join the Three years ago when I left for an
ranks of those struggling to restore our emergency heart bypass operation, I
rights and freedoms through nonviolence. hoped and prayed that the rights and
freedoms of our people would soon be
I seek no confrontation. I only pray restored, that living conditions would
and will strive for a genuine national improve and that blood-letting would stop.
reconciliation founded on justice. Rather than move forward, we have moved
backward. The killings have increased,
I am prepared for the worst, and have the economy has taken a turn for the
decided against the advice of my mother, worse and the human rights situation has
my spiritual adviser, many of my tested deteriorated.
friends and a few of my most valued
political mentors. During the martial law period, the
Supreme Court heard petitions for Habeas
A death sentence awaits me. Two more Corpus. It is most ironic, after martial law
subversion charges, both calling for death has allegedly been lifted, that the Supreme
penalties, have been filed since I left three Court last April ruled it can no longer
years ago and are now pending with the entertain petitions for Habeas Corpus for
courts. persons detained under a Presidential
I could have opted to seek political asylum Commitment Order, which covers all so-

120
The Undelivered Speech of Sen. Benigno “Ninoy” Aquino, Jr.

called national security cases and which OR SET ME FREE. I was sentenced
under present circumstances can cover to die for allegedly being the leading
almost anything. communist leader. I am not a
communist, never was and never will
The country is far advanced in her times be.
of trouble. Economic, social and political 2. National reconciliation and unity
problems bedevil the Filipino. These can be achieved but only with justice,
problems may be surmounted if we are including justice for our Muslim and
united. But we can be united only if all Ifugao brothers. There can be no deal
the rights and freedoms enjoyed before with a Dictator. No compromise with
September 21, 1972 are fully restored. Dictatorship.
The Filipino asks for nothing more, but 3. In a revolution there can really be no
will surely accept nothing less, than all victors, only victims. We do not have
the rights and freedoms guaranteed by to destroy in order to build.
the 1935 Constitution—the most sacred 4. Subversion stems from economic,
legacies from the Founding Fathers. social and political causes and will not
be solved by purely military solutions;
Yes, the Filipino is patient, but there is a it can be curbed not with ever
limit to his patience. Must we wait until increasing repression but with a more
that patience snaps? equitable distribution of wealth, more
democracy and more freedom, and
The nation-wide rebellion is escalating 5. For the economy to get going once
and threatens to explode into a bloody again, the workingman must be given
revolution. There is a growing cadre of his just and rightful share of his labor,
young Filipinos who have finally come to and to the owners and managers must
realize that freedom is never granted, it is be restored the hope where there is so
taken. Must we relive the agonies and the much uncertainty if not despair.
blood-letting of the past 6. On one of the long corridors of
that brought forth our Republic or can we Harvard University are carved in
sit down as brothers and sisters and discuss granite the words of Archibald
our differences with reason and goodwill? Macleish: “How shall freedom be
defended? By arms when it is attacked
I have often wondered how many disputes by arms; by truth when it is attacked
could have been settled easily had the by lies; by democratic faith when it
disputants only dared to define their terms. is attacked by authoritarian dogma.
Always, and in the final act, by
So as to leave no room for determination and faith.”
misunderstanding, I shall define my terms:
I return from exile and to an uncertain
1. Six years ago, I was sentenced to die future with only determination and faith
before a firing squad by a Military to offer—faith in our people and faith in
Tribunal whose jurisdiction I God.
steadfastly refused to recognize. It is
now time for the regime to decide.
Order my IMMEDIATE EXECUTION

121
Born of the need for a liberal
foundation that primarily serves
the needs of the Liberal Party of
the Philippines in terms of policy
and research as well as training
and capacity building, the Center
for Liberalism and Democracy
shall also serve as a nexus for local
and international networks, and
development agencies.

CLD aims to promote and advocate


the libeal principles of freedom and
democracy; justice, social equity
and human rights; and inclusive
and sustainable development.
It builds alliances and solidarity
with like-minded organizations
including political parties, civil society
movements, corporations and
corporate foundations, government
agencies, media, and academia in the
Philippines, Asia and the rest of the
globe.

The Center seeks to, among others,


1) to participate in the review and
formulation of pertinent policies in the
realms of party platforms, legislative
agenda, public and academic
discourses, and the like; 2) heighten the
people’s awarness of their civil, political
and human rights as well as the
political, economic and socio-cultural
institutions and processes and power
structures; and 3) to capacitate and
empower people to enable them to
actively participate in governance, and
in influencing political, economic and
social policies that affect their lives.
122
www.cld.ph

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