Wednesday, July 11, 2018

Duterte signs law that bans all forms of hazing

President Rodrigo Duterte has signed a law  that bans all forms of hazing.

Signed on June 29, Republic Act 11053 or the Anti-Hazing Act of 2018, is an amendment of the 1995 version.

The new law bans “all forms of hazing in fraternities, sororities, and organizations in school, including citizens’ military training and citizens’ army training.”

The law referred to hazing as “any act that results in physical or psychological suffering, harm or injury inflicted on a recruit, neophyte, applicant or member as part of an initiation rite or practice made as a prerequisite form of admission or a requirement for continuing membership.” /ee

Read more: http://newsinfo.inquirer.net/1009418/duterte-signs-law-that-bans-all-forms-of-hazing#ixzz5KxT6seSN
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

Tougher anti-hazing law signed by Duterte

President Rodrigo Duterte signed into law on Wednesday a new law that will give more teeth to the anti-hazing law.

According to House Majority Leader Rodolfo Farinas, the President signed Republic Act (RA) No.11053, also known as the Act prohibiting hazing and regulating other forms or initiation rites of fraternities, sororities, and other organizations.

RA 11053 amends RA 8049, the original anti-hazing law which was passed in 1995.

Bagong Henerasyon Party-List Rep. Bernadette Herrera-Dy, chair of the Public Information Committee, was the major author of the measure in the House of Representatives.

The new law addresses the perceived weaknesses in RA 8049 which merely regulated hazing or initiation rites. So week was the law that only one conviction was made in the 23 years since it was passed.

Public clamor for a tougher anti-hazing law snowballed last year following the death of University of Santo Tomas (UST) law student Horacio Castillo III while undergoing initiation rites conducted by members of the Aegis Juris fraternity.

Last March, Senate Bill (SB) No. 1662 and House Bill (HB) No. 6573 were consolidated and ratified by lawmakers, resulting in the final draft that was signed into law by Duterte.

The amended law provides for hasher penalties compared to RA No.8049. And unlike the latter, it also penalizes individuals who will try to cover up the alleged hazing activities of their colleagues.

RA No.11503 also covers emotional and psychological hazing, aside from physical hazing.

The law explicitly states that in no case will hazing be made a requirement for employment in any business or corporation.

The law also imposes a penalty of reclusion perpetua and a fine of P3 million upon those who participated in the hazing if the act results to death, rape, sodomy, or mutilation.

A penalty of reclusion temporal and a P1-million fine will be imposed on all those present during the hazing, and all those who will try to hide the fact that such act happened, and those who will obstruct any investigation that will be conducted.

RA 11053 provides for harsher penalties compared to RA 8049 as it also penalizes those who will try to cover up the fact that such a hazing happened.

Calls for a tougher anti-hazing law surfaced following the death University of Santo Tomas (UST) law student Horacio Castillo III while undergoing initiation rites conducted by members of the Aegis Juris fraternity.

Allowable initiation rites

The law allows school-based initiation rites as long as a written application with all necessary details are made to the proper authorities at least a week before the planned date. Details include the place and date, the names of all those who will participate, and all incumbent officers of the fraternity, sorority, or organization.

The written application should state that no harm shall be inflicted on anybody during the initiation rites, and that the activity should not last more than three days.

The law also requires the head of the school or at least two school representatives during the initiation.

Measures

All existing and new fraternities, sororities, and other organizations are required to be registered with proper school activities before conducting activities on- or off-campus, including recruitment of members.

All fraternities, sororities, and other organizations are also required submit the name of names of their faculty advisers who must not be members of the respective groups.

The law also compels the schools to take more proactive steps to protect its students from the dangers of participating in activities that involve hazing.

Any form of approval, consent, or agreement made by an applicant or neophyte prior any initiation rite or proceeding that may inflict physical or psychological harm will also be declared void and unbinding.

Responsible officials from the schools, uniformed learning institutions, the Armed Forces of the Philippines (AFP), or the Philippine National Police (PNP) may impose appropriate administrative sanctions after due notice or summary hearing on violators of the law.

Other penalties

Meanwhile, a penalty of reclusion perpetua and a fine of P2 million will be imposed upon all who participated in the hazing, all officers and members of the organization present during the act and knowingly cooperated to carry it out, the adviser of the organization who is present and failed to take action,

If those involved are members of the Philippine bar, they shall be The law explicitly states that in no case will hazing be made a requirement for employment in any business or corporation.

If they belong to any profession under the regulation of the Professional Regulation Commission (PRC), they shall immediately be subjected to disciplinary proceedings and may face a maximum three-year suspension or revocation of license.

No guns, just truncheons: 6,000 cops to secure SONA 2018

Over 6,000 police officers carrying only truncheons will be deployed to secure the Batasang Pambansa complex during President Rodrigo Duterte's third State of the Nation Address (SONA) later this month.

Metro Manila Police director Chief Supt. Guillermo Eleazar said Wednesday that anti-riot police will not carry guns, just batons as they will practice maximum tolerance amid expected protests during the President's annual report to the nation.

“Maximum tolerance. Wala kaming baril na dadalhin sa mga civil disturbance management but of course, 'yung mga security forces natin ay mayroon 'yun (baril) pero malayo sila. Hindi sila hahalo o malapit sa mga rally,” Eleazar said.

(We will not carry guns for civil disturbance management but of course, security forces will have guns but they will be far from the rally.)

He added that the Philippine National Police is also preparing for the possibility that Duterte will meet with protesters outside Batasang Pambansa, as he did last year.

Duterte confronts militants at SONA rally

Police will not place container vans and barbed wires on streets leading to Congress, as in previous practice to limit protesters' movement, Eleazar said.

Instead, 13 sub-security task groups headed by the Quezon City Police District will be positioned from Commonwealth Avenue to the Batasan area.

Police will also invite the Commission on Human Rights to send one representative per sub-security task group to observe the conduct of police work during the SONA protests.

The move, Eleazar said, would serve as their defense in the event there will be "malicious" criticism against the police.

Police will meet with militant leaders on Saturday to discuss security measures for the July 23 SONA.

While there has been no reported threat related to the event, Eleazar said the PNP remains in full alert status.

"...Hindi tayo puwedeng maging kumpiyansa. Just like the previous SONA and other major events, laging nakahanda tayo,” Eleazar said.

(We cannot be confident. Just like the previous SONA and other major events, we have to always be ready.)

Megaworld’s subsidiary acquires Stateland Inc.

Megaworld Corp. has acquired real estate firm Stateland Inc. in a bid to expand its land portfolio and own other allied and related properties.

Megaworld said the acquisition, through its wholly-owned subsidiary Suntrust Properties, Inc., will allow it to expand its raw land portfolio by another 150 hectares on top of Stateland’s existing developments spread across more than 200 hectares.

“Our goal is to further expand our developments in Calabarzon (Cavite, Laguna, Batangas, Rizal and Quezon) area where the growth prospects are great,” Suntrust Properties, Inc. President Harrison Paltongan, who has also been appointed as the new president of Stateland, Inc., said in a disclosure on Tuesday.

Megaworld did not disclose the acquisition cost.

Stateland, Inc. is known for building affordable quality homes and well-developed communities in South Luzon, particularly in Cavite and Laguna, and some parts of Metro Manila.

The company is also a builder of upscale pocket townhouse developments in Metro Manila; residential and office condominiums in Makati City, Quezon City, San Juan, Mandaluyong, and Binondo; and several industrial and farm lot developments in Bulacan, Cavite, and Pasig City.

Stateland has also been known as one of the most active participants in the government’s shelter programs, pioneering in areas with potential growth and conducive to economic development.

COA flags lack of docs on concession deal over P65-billion LRT1 Cavite extension

The Commission on Audit (COA) has questioned the P65-billion contract covering the Cavite extension project for the LRT-1, saying it cannot complete is review due to lacking documents.

In a 2017 audit report on the Light Rail Transit Authority (LRTA), government auditors said it cannot complete its auditorial, legal, and technical review of the concession agreement due to the absence of documents such as the invitation to bid, the instruction to bidders, and project costs.

The COA explained that it was the LRTA's responsibility to complete the project's documentation to "ensure project history and continuity since staff turnover and change of administration is inevitable."

The LRTA is in charge of the LRT-2 which runs from Santolan in Pasig City to C.M. Recto Avenue in Manila.

It used to manage the Line 1 system which runs from Baclaran in Parañaque City to Roosevelt, Quezon City but management and operations of the line was transferred to private firm Light Rail Manila Corp through a P65-billion concession agreement dated October 2, 2014.

The COA noted that the LRTA has informed them that the required documents were with the Department of Transportation but these have yet to be submitted.

“While they informed us that they have requested the DOTr to submit the documents, there was no submission as of to date,” the COA said.

STATE AUDITORS CITE UNCOLLECTED AD SPACE, COMMERCIAL STALL FEES

The COA also flagged lease contracts under the current LRTA, headed by Administrator Reynaldo Berroya, which include deficiencies in rental payments and security deposits, expired contracts, questionable period and rate of the lease as well as the non-submission of documentary requirements.

State auditors found out that a total amount of P6.734 million needs to be collected as rental payment from various companies.

These include U’re Adportal Solutions, Prime Recall Advertising and Services, Trackmate Business Solutions Inc, Araneta Center Inc, and JV Pinoy Business and Ventures Inc.

The bulk of the collections would come from Trackmate which only paid P600,000 for train display monitors for four months when they should have paid P6 million, a deficiency of P5.4 million.

Araneta Center, meanwhile, only paid P1.158 million for 14 commercial stalls at the Cubao Station when it should have paid P2.314 million, or a deficiency of P1.156 million.

Discrepancies in security deposits were also noted as a total P5.3 million should have been collected from various companies.

Among firms with deficient security deposits are Ad Finity Media Marketing Corp, which owes LRTA P2.85 million for use of outdoor structural spaces; Araneta Center Inc, which owes P463,050; and Joymart and Isetann which has to pay P399,420.

The COA also noted anomalies in contracts like expired ones and computations that were not submitted.

It recommended that the LRTA collect the correct amount of rentals and get better terms on rental rates.

It also suggested that the LRTA require the payment of security deposits, comply with rules on the reasonability of contract terms, adjust disadvantageous rental rates and require the submission of documents from the concerned lessees.

Government auditors noted that the LRTA Business Development Division (BDD) committed to the submission of the contracts and other supporting documents and that the practice of month-to-month renewal was already discontinued.

The LRTA also said its BBD is currently conducting research on prevailing rental rates but they also justified their long-term contracts.

But the COA noted that the LRTA said it would conduct a study and “will aim” to comply with the recommendations on adherence to government guidelines.

Lopsided contract? COA pressures DOTr to justify P65 billion LRT-1 deal

The Commission on Audit demands the documents from the Light Rail Transit Authority (LRTA), which passes the buck to the Department of Transportation (DOTr)

The Department of Transportation (DOTr) is in a bind as the Commission on Audit (COA) increased pressure to obtain documents that would clarify years-old issues in the P65 billion privatization deal of the Light Rail Transit Line 1 or LRT-1.

The issues raised in COA’s compliance audit are similar to the points raised in the petition filed in 2015 by left-leaning groups, which asked the Supreme Court to invalidate what they called a "lopsided contract."

The 2017 audit report of the Light Rail Transit Authority (LRTA) revealed that the agency has made several requests to the DOTr to get the documents that COA wanted. DOTr has not responded.

State auditors want LRTA to submit these documents otherwise they said they cannot complete a technical and legal review of the multi-billion deal.

The P65 billion LRT-1 deal involved private firm Light Rail Manila Corporation (LRMC). Under the deal, the LRMC assumed operations of LRT-1 and undertakes the extension project that would add more stations up to Cavite.

It is a 32-year contract that has been in effect since September 2015, and the extension project is now underway.

Differential generation cost, deficit payments

For starters, state auditors said that the LRTA still has not given them copies of pertinent bid documents, project breakdown, contract review by the Department of Finance and other necessary documents.

The COA also said LRTA has not answered questions on whether the government and the private firm have both fulfilled their obligations as stated on the contract.

State auditors also want clarification on the issue of differential generation cost (DGC).

According to groups who oppose the project, when power rates increase, it is the government which will shoulder the diference. They said that the scheme can become the basis of fare hikes later on, because the cost would be passed on to passengers.

According to COA, the contract indeed stipulated that the grantors – or the government – shall be liable for the DGC “brought about by extreme fluctuations in power.”

COA wanted a clearer definition of “extreme fluctuations of power” to “avoid arbitrariness in the determination of what it constitutes.”

There is also the so-called deficit payment, a scheme wherein if the government-approved fare is lower than the fare that the private firm wants, the government shall pay the difference.

The scheme run conter to the Build-Operate-Transfer or BOT law, said COA.

“Assuring the Concessionaire that any variance shall be paid may be construed as a government subsidy in the form of guarantee of revenue during the entire concession period which the BOT Law did not envision this,” said COA.

DOTC and DOTr

The responsibility to provide answers fall on the past administration’s Department of Transportation and Communications (DOTC). It was during their watch that the department and the LRTA entered into a concession agreement with LRMC under the public-private partnership (PPP) program.

But, it is the Duterte-era Department of Transportation (DOTr) which is now overseeing the project, and appears to be equally stringent on releasing documents.

“(LRTA) Management informed us that the documents pertaining to the Concession Agreement are with the Department of Transportation (DOTr) and they do not have the documents we have requested. While they informed us that they have requested the DOTr to submit the documents, there was no submission as of to date,” said COA.

COA told LRTA that as the grantor, they should have copies of the documents too. But LRTA still deferred to the DOTr.

“(LRTA) Management during the exit conference explained that they have made several requests to DOTr to provide the documents pertaining the concession agreement but despite of said requests, there was no response from DOTr,” said COA.

The clearing operations for the extension project have started, as COA raised red flags over procurement lapses in the housing segment of the project which would provide homes for informal settlers who will be displaced by the construction.

Megaworld acquires Stateland

Property developer Megaworld group has boosted its affordable housing portfolio with the acquisition of 42-year-old Stateland Inc. through wholly owned Suntrust Properties Inc.

The deal allows the group to expand its raw land portfolio by another 150 hectares and to own certain allied and related properties, on top of Stateland’s existing developments involving more than 200 hectares, Megaworld told the Philippine Stock Exchange yesterday.

“Our goal is to further expand our developments in Calabarzon (Cavite-Laguna-Batangas-Quezon) area where growth prospects are great. Stateland’s properties in nearby provinces of Cavite and Laguna are impressive, and we are more than excited for the opportunities to develop them,” said Suntrust president Harrison Paltongan, who was also named president of Stateland.

Stateland’s landbank and projects are mainly in South Luzon, particularly Cavite and Laguna, and some parts of Metro Manila.

Its latest project, which is flagship community, is Washington Place along Aguinaldo Highway in Dasmariñas, Cavite. This offers about 1,700 modern contemporary housing units in a 40-hectare master-planned community.

Among its other horizontal residential projects are the Mediterranean-inspired Villa San Lorenzo (4.34 hectares) in Imus, Cavite; San Francisco Heights (23 ha), Gran Avila (16.25 ha) and Casa Laguerta (7.46 ha) in Calamba, Laguna; English-inspired Chester Place (9.6 ha) in Dasmariñas, Cavite; North Olympus IV (57 ha) in Quezon City; Spanish- inspired Gran Seville (20 ha) in Cabuyao, Laguna; Avila Heights (10 ha) in Sto. Tomas, Batangas, and Summercrest Village in Tanza, Cavite.

Stateland is also into upscale pocket townhouse developments in Metro Manila. Its projects include the Royal Circle Townhomes in Parañaque City; Royal Garden Townhomes in Malate, Manila; Hillcrest Townhomes in Quezon City, and Royal Chateau in Pasay City.

In the last four decades, Stateland has also built residential and office condominium towers in Makati City, Quezon City, San Juan, Mandaluyong, and Binondo, Manila.



Read more: http://business.inquirer.net/253783/megaworld-acquires-stateland#ixzz5KxLmIlJU
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

LACK OF DOCUMENTS: COA unable to assess concession agreement covering P65-B LRT1 Cavite extension

The Commission on Audit has failed to review the concession agreement of the P65-billion extension the Light Rail Transit Line 1 (LRT1) due to absence of supporting documents.

The Light Right Transit Authority (LRTA) is pointing a finger at the Department of Transportation (DOTr) failing to to heed their requests for copies of the documents.

In its 2017 audit report on LRTA, COA said its audit, legal and technical review of the 2014 agreement for the Cavite extension and operations and maintenance project of the LRT1 was incomplete as of December 31, 2017.

“LRTA, the grantor/implementing agency of PPP (Public-Private Partnership) Project, has no documentation of the project and all the related documents that will ensure project history and better retention of information over the life of the concession agreement of 32 years,” the commission said.

The then-Department of Transportation and Communications signed the agreement with concessionaire Light Rail Manila Corporation (LRMC) on Oct. 2, 2014.

LRMC then took over the operations and maintenance of LRT1 on Sept. 12, 2015, leaving only the LRT Line 2 under LRTA supervision.

COA requested for such documents as the invitation to bid, instruction to bidders, Bids and Awards Committee Resolution recommending approval of the winning bidder, breakdown of the project cost, and National Economic and Development Authority Board approval of project cost.

The documents would have helped its review, but the commission did not receive a reply to its queries.

COA also sought clarifications from LRTA on several sections of the concession agreement, including the obligation of parties and the obligations of LRMC.

The commission said these documents would have helped scrutinize the PPP project and provide an insight into the construction, operation and maintenance, and commercial aspects of the LRT1 extension.

“Management should have in their possession the complete documentation of the project to ensure retention of information over the life cycle of the PPP project and preserve the project history,” COA said.

LRTA informed the state auditors that the documents were with the DOTr.

“Management informed us that the documents pertaining to the concession agreement are with the DOTr and they do not have the documents we have requested. While they informed us that they have requested the DOTr to submit the documents, there was no submission as of to date,” the audit report read.

Rental space

COA also found deficiencies in the lease of contracts entered by LRTA and the various lessees of spaces at the LRT2 premises.

COA said the LRTA did not submit supporting documents for the lease contracts and allowed those with expired contracts to occupy their leased spaces.

The LRTA was also plagued by deficient security deposits and rental payments and questionable lease rates, according to COA.

The documents that LRTA failed to submit include mayor’s permits, income tax returns, registration certificates, and third party liability insurance.

Despite their expired contracts, six lessees were allowed by LRTA to occupy leased spaces at LRT2 stations while one lessee was unable to submit a contract agreement. The largest occupant of premises is Joymart/Isetann which paid LRTA P14.9 million in rental fees last year.

COA said it observed that 15 lessees did not pay security deposits, three did not pay the required amount, while one paid but auditors were unsure if the amount was correct as the LRTA did not submit the lease contract.

Among the lessees Ad Finity Media Marketing Corporation was required the highest security deposit of P2.85 million, but COA claimed the company did not actually pay the amount.

Five lessees are deficient by up to P6.7 million in rental payments, but the commission said it could not verify how the LRTA determines the rental rates.

In response to concerns raised by COA, the LRTA said it has directed the Business Development Division (BDD) to submit the lease contracts to the commission.

The BDD has also been tapped to research prevailing lease rates and remind lessees of their deficient security deposits.

The LRTA noted the expired contracts of the seven lessees had either been renewed or were in the process of being renewed. —VDS, GMA News

COA flags procurement lapses in LRT-1 Cavite extension housing segment

The P397-million housing project for informal settlers who will be affected by the LRT-1 Cavite Extension project was awarded without first conducting a feasibility study, says the Commission on Audit

The Commission on Audit (COA) said there were procurement violations in the P397-million contract to build houses for informal settlers to be displaced by the Light Rail Transit or LRT-1 Cavite Extension.

This finding is part of COA’s 2017 audit report on the Light Rail Transit Authority (LRTA), which used to manage both LRT lines 1 and 2.

The extension project is part of the P64.9-billion ($1.36-billion) PPP deal bagged by the Light Rail Manila Corporation (LRMC).

COA raised red flags in the P397-million housing component of the extension project.

"Several deficiencies were noted in the procurement and implementation of the contract costing P397.888 million for the Relocation Housing Facilities and Amenities Project for the Informal Settlers Affected by the Alignment of the LRT Line 1 Cavite (South) Extension Project in violation of RA No 9184," said COA.

Republic Act 9184 is the Government Procurement Reform Act.

Auditors said rules were not complied with when additional works or changes in the contract were implemented, such as additional geohazard assessment for the foundation of the houses. The required technical study of a Variation Order and Price Escalation Committee (VOPEC) was not done.

Auditors also said there were no documents to support the added works of building community facilities such as a basketball court, multi-purpose hall, playground, and classroom; and the electrification of the entire village.

In its response to COA, the LRTA said the additional works and cost were approved by the LRTA board, and that they were done to comply with the requirements of the Cavite government.

An inspection also showed that the P2.7-million field office did not fulfill all of the requirements. The field office is the bunkhouse and temporary facility for officials and workers as they build the 1,820 housing units.

The ocular inspection showed that the field office did not have internal paint and insect-proof windows as specified in the contract, and that the floor to ceiling height was less than what it should be.

“The Project Management Office informed that the corresponding value of the deficiencies will be deducted from the claims of the contractor,” said COA.

Deficiencies

Auditors said that when LRTA first entered the contract with HG-III Construction and Development Corporation in June 2015 for the housing project, several supporting documents were not submitted, such as original plans, specific computations for specific areas, extra work orders, and sub-contracts for improvements of the housing units.

In August 2016, the COA issued a notice of suspension which it lifted after the documents were submitted a month later.

“However, management did not submit clarification/explanation on the issues raised on the procurement of the project,” said COA.

Among the "deficiencies" observed by COA are the following:


  • Plans and drawings not signed by administrator but by project engineer, contrary to procurement law
  • Deep well drilling was subcontracted, contrary to Bid Data Sheet clause that states subcontracting shall be allowed for geohazard investigation only
  • The project was awarded without first conducting a feasibility study
  • Only a preliminary study was included, which created additional work orders
  • Soil testing and investigation worth P4 million was included in the infrastructure contract, when it should have been bidded out to a consultancy firm


COA asked the LRTA to “submit the pertinent documents and clarification/explanations on the several deficiencies noted” in the contracts.

In its response to COA, the LRTA said: “It is true that the variation order resulted after the conduct of the tests and investigation, but the change order involves both increase and decrease of works. Thus, no additional payment or cost was imposed to the government.”

Under the extension project, 8 new stations will be provided with 3 intermodal facilities across Pasay City, Parañaque City, Las Piñas City and Bacoor City.

LRMC president and CEO Juan Alfonso earlier said the extension project would begin by the end of 2018, and was targeted for completion in about 4 years or in 2021.

LRMC is a joint venture company of Metro Pacific Investments Corporation’s Metro Pacific Light Rail Corporation (MPLRC), Ayala Corporation’s AC Infrastructure Holdings Corporation (AC Infra), and the Philippine Investment Alliance for Infrastructure’s Macquarie Infrastructure Holdings (Philippines) PTE Limited.

LRMC assumed operations and maintenance of LRT-1 in September 2015, through a 32-year concession agreement with the transportation department and LRTA.

LRMC used to be headed by former public works secretary Rogelio Singson, who resigned from the LRMC in September 2017, after heading it for a year, to move to Meralco PowerGen Corporation as its president and chief executive officer.

COA chides LRTA for deficiencies in P397.88-M contract

The Commission on Audit has called the attention of the Light Rail Train Authority (LRTA) after finding violations of the government procurement law in its implementation of the P397.88-million contract for the relocation of informal settlers affected by the LRT Line 1 Cavite Extension Project.

In its 2017 annual audit report for the LRTA, COA also noted a number of deficiencies in the lease contracts it entered with lessees of commercial spaces of LRTA Line 2.

Auditors chided the LRTA for slowing down the auditorial, legal and technical review of the P65-billion Concession Agreement for LRT 1 Cavite Extension, saying that the state owned firm has continued to deny auditors access to much-needed documents.

According to COA the legal issues raised in the contract by the Office of the Government Corporate Counsel has also not been clarified by LRTA.

“Several deficiencies were noted in the procurement and implementation of the contract costing P397.888 million for the Relocation Housing Facilities and Amenities Project for the informal Settlers Affected by the Alignment of LRT Line 1 Cavite (South) Extension Project in violation of RA No. 9184,” COA said.

Under this program, the LRTA was tasked to construct 1,821 houses in a relocation area for informal settlers who will be displaced as a result of the ocnstruction of the new LRT line.

The relocation site will cost LRTA P397.888 million with the contract awarded in 2015 to the HG III Construction and Development Corporation.

Auditors lamented that various documents needed in the review of the contract has not been submitted even as they sought clarification “on several issues which we noted violated certain provisions of RA 9184” or the Government Procurement Law.

For failing to respond to the COA’s request, the management was slapped with a Notice of Suspension.

Other deficiencies in the contract were raised by COA auditors. Among these are the non-signing by the administrator of the plans and drawing; failure to comply to the Bid Data Sheet and non-submission of certification for the detailed engineering.

Audit examiners said the award of the contract was made “without first conducting the feasiblitiy study as required under RA 9184.

This is evidenced in the fact that soil testing, geotechnical/geological and geohazard investigation was included in the scope of the project and required a P4 million budget.

“The said soil testing and investigation should have been bidded out prior to the procurement of the housing of the housing project,” the audit report stated.

The variation order of the original contract indicated “non-compliance with the rules” set by the Implementing Rules and Regulation of RA 9184.

Auditors said that instead of allowing a variation order, a separate bidding should have been conducted for the Geodetic Survey in the Summary for the Construction of the housing units.

The LRTA management said the non-signing of the plans and drawings was due to the fact that the former administrator claimed he is no technical capacity to review it.

Officials also stressed that while variation order was sought after the conduct of the tests and investigation, it did not cost government any additional funding.

The COA also questioned the lease contracts granted by LRTA to operators of commercial spaces, saying that various deficiencies were observed.

Aside from allowing lessees with expired contracts to continue operating, LRTA management also failed to address deficiencies in the rental payments and security deposit requirement.

Auditors also noted that a canteen operator pays a meager monthly net of P5,250, free of electricity and water service charges.

“Physical conditions existing during ocular inspection of the leased spaces/premises not complying with the Quality and standard Specification set by the management,” COA added.

Megaworld acquires South Luzon-based company

MEGAWORLD Corp. is ramping up its land bank in Cavite and Laguna with the acquisition of a South Luzon-based real estate firm through one of its subsidiaries.

In a statement issued Tuesday, Megaworld said its wholly owned unit Suntrust Properties, Inc. recently acquired Stateland, Inc. The financial details of the deal were not disclosed.

The 42-year old Stateland has existing developments covering over 200 hectares primarily in Cavite and Laguna, as well as some parts of Metro Manila.

Stateland’s existing developments include horizontal residential projects, such as the 4.34-hectare Villa San Lorenzo in Imus, Cavite; the 23-hectare San Francisco Heights; 16.25-hectare Gran Avila, and 7.46-hectare Casa Laguerta, all in Calamba, Laguna.

The company’s latest project is its flagship community development called Washington Place along Aguinaldo Highway in Dasmariñas, Cavite. Washington Place spans 40 hectares and offers some 1,700 housing units priced at around P1.7 million to P5.6 million.

Stateland also has developments around Metro Manila, having built upscale pocket townhouse projects such as the Royal Circle Townhomes in Parañaque City; Royal Garden Townhomes in Malate, Manila; Hillcrest Townhomes in Quezon City; and Royal Chateau in Pasay City.

The company’s portfolio further includes residential and office condominiums in Makati, Quezon City, San Juan, Mandaluyong, and in Binondo, Manila.

Stateland is known to participate in the government’s shelter programs in areas with potential growth.

Aside from residential projects, Stateland has developed a number of industrial and farm lots in Bulacan, Cavite, and Pasig City.

The acquisition also includes around 150 hectares of raw land and other allied properties of Stateland, which will now be placed under Megaworld’s portfolio.

For its part, Suntrust has residential communities in Dasmariñas, Gen. Trias, and Silang in Cavite; Lipa, Batangas; Sta. Rosa and Calamba in Laguna; and in Bacolod City. The company also has condominium projects in Manila, Quezon City, Baguio City, and Davao City which cater to the middle to upper income segment.

“Our goal is to further expand our developments in CALABARZON area where the growth prospects are great. Stateland’s existing properties in nearby provinces of Cavite and Laguna are impressive, and we are more than excited for the opportunities to develop them,” Suntrust President Harrison M. Paltongan said in a statement.

Mr. Paltongan will now sit as the new president of Stateland.

Stateland will now be folded into Megaworld’s portfolio. Megaworld is the parent firm for tycoon Andrew L. Tan’s property investments, including Global-Estate Resorts, Inc and Empire East Land Holdings, Inc., among others.

Megaworld is under Mr. Tan’s Alliance Global Group, Inc., which also has core interests in liquor, gaming, and quick service restaurants.

The company grew its attributable profit by 11% to P3.2 billion in the first quarter of 2018, following a 10% uptick in revenues to P13.1 billion for the period.

Shares in Megaworld went up by a centavo or 0.23% to close at P4.41 each at the stock exchange on Tuesday. — Arra B. Francia

ABS-CBN among Philippines' 'best companies to work for in Asia'


ABS-CBN Corporation was named one of the Philippines' best companies to work for in Asia by a premiere publication for human resources professionals.

Also included on HR Asia's Philippine list are budget carrier Cebu Pacific, grocery chain Puregold, and consumer goods giant Unilever Philippines.

Archie Sabado, head of ABS-CBN's human resources, said the recognition validates the company's belief that people are key to the company's success.

"It is also a celebration of all the hard work and purposive initiatives that we have carefully crafted for the benefit our Kapamilyas," he said.

According to HR Asia, the companies are selected from different industries based on a survey that assesses companies' working environment, practices on human resources, employee engagement, and the resulting job satisfaction.

The publication's list covers 12 markets across the region including Hong Kong, Singapore, and China.

Megaworld’s Suntrust acquires Stateland

Megaworld Corporation’s wholly-owned subsidiary Suntrust Properties, Inc. has acquired 42-year old real estate company Stateland, Inc. for P3.3 billion to boost its land bank and strengthen its presence south of Metro Manila.

The publicly-listed Megaworld did not divulge the acquisition cost but Stateland, a private company, said the Andrew Tan company acquired them for P3.3 billion.

In a statement, Megaworld said Stateland, a private company, is known for building affordable quality homes and well-developed communities in South Luzon, particularly in Cavite and Laguna, and some parts of Metro Manila.

Megaworld said the acquisition will allow them to expand its raw land portfolio by another 150 hectares and to own certain allied and related properties, on top of Stateland’s existing developments spread across more than 200 hectares.

“Our goal is to further expand our developments in CALABARZON area where the growth prospects are great,” said Suntrust President Harrison Paltongan who has also been appointed as the new president of Stateland.

He added that, “Stateland’s existing properties in nearby provinces of Cavite and Laguna are impressive, and we are more than excited for the opportunities to develop them.”

Through the years, Stateland has been known for developing well-planned, flood-free communities. its latest project, which is also its flagship community, is Washington Place along Aguinaldo Highway in Dasmariñas, Cavite, that offers around 1,700 modern contemporary housing units in a 40-hectare masterplanned community.

Other horizontal residential projects of Stateland include the Mediterranean-inspired Villa San Lorenzo (4.34 hectares) in Imus, Cavite; San Francisco Heights (23 hectares), Gran Avila (16.25 hectares) and Casa Laguerta (7.46 hectares) in Calamba, Laguna; English-inspired Chester Place (9.6 hectares) in Dasmariñas, Cavite; North Olympus IV (57 hectares) in Quezon City; the Spanish-inspired Gran Seville (20 hectares) in Cabuyao, Laguna; Avila Heights (10 hectares) in Sto. Tomas, Batangas; and Summercrest Village in Tanza, Cavite.

The company is also a builder of upscale pocket townhouse developments in Metro Manila such as the Royal Circle Townhomes in Parañaque City; Royal Garden Townhomes in Malate, Manila; Hillcrest Townhomes in Quezon City; and Royal Chateau in Pasay City.

In the last four decades, Stateland has also built residential and office condominiums in Makati City, Quezon City, San Juan, Mandaluyong, as well as in Binondo, Manila.

The company also built several industrial and farm lot developments in Bulacan, Cavite and Pasig City. Stateland has also been known as one of the most active participants in the government’s shelter programs, pioneering in areas with potential growth and conducive to economic development.

I won’t step down for Leni Robredo – Duterte

Robredo willing to lead opposition coalition

Hours after Vice President Leni Robredo openly accepted the role of leading a united opposition, President Duterte belittled her capability of governing the country.

“I will not resign because it will make her president. My resignation is addressed to the people so that they can choose the leader they want. I don’t think she will be ready to govern the country,” the President said in a speech at the Clark Freeport Zone in Pampanga yesterday.

“Reason? Incompetence – that she is not capable of running a country like this, the Philippines,” he added.

When pressed further, the Chief Executive clarified he was willing to cut short his term not for the Vice President to succeed him but to give the Filipino people a free hand to choose their next leader under a federal government.

 

 


Duterte also challenged Robredo to join him in resigning from their posts if the people approve in a referendum the shift from presidential to a federal form of government, after saying he is not interested in becoming a transition president.

Prior to this, Duterte urged Congress and the consultative committee (Concom) anew to put a provision in the draft charter that a new leader should be elected at the start of the transition, which he said could be done as early as 2019.

“Better still, I will invite them or her to resign with me. Not really to resign but agree to cease being president and vice president. And I am asking Congress and the (Concom), I do not have (agenda) on the president,” he said.

Duterte expressed belief that those who are criticizing him over his strict leadership style are the ones who want to prolong their stay in power.

“Believe me, those who say that ‘Duterte will be a dictator,’ they are the ones who will become a dictator. They have the ambitions. All they do is invent malice in their minds,” he said, before taking potshots at those who belong to the opposite side of the political fence.
During the press briefing, Duterte said he wanted to make clear his agenda to douse speculations that he wants to prolong his term and become a dictator.

“I said, if the transition government is approved, I am suggesting everybody, to Congress and the (Concom), if they wish to, they can amend and make a provision there that I will be co-terminus with the effectivity of the (new) constitution under a federal type,” he said.

“Once it is implemented… they can provide a provision that the Office of the President can be declared vacant but you have to call for an election. It cannot be a succession because I have no other agenda except that I would like the Filipino to choose a new leader specially that it is a new structure…,” he added.

Duterte is conscious that the Filipino people might want to tap a new leader under a new government.

“They might want to get an experienced official or person who would have the competence and enterprise to form a government structured for (a) federal type of government,” he said.

Duterte said he is merely making a suggestion, and that lawmakers can accept it or not.

But Speaker Pantaleon Alavarez said Congress cannot give in to the President’s wish to cut short his term as the highest official of the land in 2019.

Alvarez was quick to point out that the President cannot just do as he wished because there are things that he has committed and taken oath to as Chief Executive.

“Congress cannot do what the President wants. The President has a contract with the Filipino people that he has to be in office for six years and he cannot just step down as he wants to, even with the shift to the federal form of government.

Taking a stand
 “There were initiatives of different (opposition) groups to unite and they asked me if I can lead, I said yes, but the terms have to be discussed,” Robredo said yesterday at a press conference following her decision to lead the united opposition.

She said she had been vocal about her stance against Duterte’s policies such as the war on drugs, Charter change and the burial of the late dictator Ferdinand Marcos at the Libingan ng mga Bayani.

“I have always been vocal from day one, that’s the reason why I was removed from the Cabinet. Even when I was still a part of the Cabinet, if I felt that my voice was needed on various important issues, I took a stand against these,” she said.

Robredo resigned as chair of the Housing and Urban Development Coordinating Council in 2016 after Duterte barred her from attending Cabinet meetings.

Last week, Robredo said she met with representatives of several groups which staunchly oppose Duterte like Tindig Pilipinas, Akbayan, Magdalo and the Liberal Party, which she chairs.

It was during this meeting, she said, that they asked her if she could be the leader of the opposition. Robredo said she answered: “Of course, yes.”

The Vice President said there are many policies of the administration that she opposes.

“It started with our opposition against extrajudicial killings. Now, there’s this anti-loitering drive, which effect is similar to the anti-drug war, the condition of our economy and many more,” Robredo said.

“There is a proposal to look for the least common denominator – what is it that we would all agree on and we would have a strong voice,” Robredo said.

She said members of the opposition are also discussing the possibility of forming a united opposition slate for the May 2019 midterm elections.

“We haven’t decided yet whether we’ll have a full slate or just half, or just a few candidates, the discussions are still ongoing,” she said.

“We still need to thresh out a lot of things because those who will join the united opposition slate must adhere to the terms of unification,” she said.

No to transition leader
Yesterday, Robredo opposed Duterte’s proposal to elect a “younger” new leader to oversee the transition of the government into the proposed federal system.

“When we ran for public office we take the challenge to serve the people for six years. We cannot just stop in the middle of the game and say we don’t like anymore because we’re tired already. You cannot just give your mandate to anyone anytime you want,” Robredo said at the same press conference.

Presidential spokesman Harry Roque on Monday said Duterte wants the consultative committee (Concom) formed to propose amendments to the Constitution to come up with a provision stating that a transition leader should be elected.

Roque said the President would no longer want to have a role in the transition government because he was already “tired” and to dispel notions that he is using Charter change (Cha-cha) to remain in power.

Duterte has repeatedly said he is ready to step down once a federal government is established.

Meanwhile, Robredo reiterated her call on government leaders not to rush the proposed Cha-cha and address the more pressing issues faced everyday by Filipinos such as the unabated rise in the prices of basic goods.

“Charter change is not the answer to the price increase, it’s not the answer to poverty,” she said.

Robredo said while the Duterte government continues to pour in huge amounts of money for its federalism caravan, it failed to hear the voices of the people, who remain clueless on the implications of the proposed new system of government.

She said her constituents in Bicol told her that a federalism caravan of the Department of the Interior and Local Government was attended by some prospective senatorial candidates for the 2019 midterm elections.

“I have nothing against federalism but we need to help the people understand what it really means because it might just be used as a vehicle to advance private interest,” the Vice President said.

Protests set
Militant workers are preparing for a massive campaign against Cha-cha, which they claimed could pave the way for weakening of labor rights in the country.

Rene Magtubo, Partido ng Manggagawa (PM) chairman, said workers are deeply concerned over the proposed charter submitted by Concom.

“Aside from the loophole that allows for term extension for the sitting president, the draft charter dilutes the rights of workers guaranteed under the present Constitution. Instead of strengthening labor and human rights, they are degraded in the anemic language of the draft constitution,” Magtubo pointed out.

Magtubo claimed the committee dropped from the draft charter provisions on workers’ rights to collective bargaining, peaceful concerted action including strike, humane working conditions, participation in policy making processes and labor’s just share in the fruits of production.

“No wonder the phrase ‘The State shall afford full protection to labor’ in the present Constitution was lost in the draft. Even as we assert that the present Constitution can be vastly improved, we will not allow it to be degraded in the meantime,” Magtubo said.

Concom sorry
 Concom spokesman Ding Generoso told reporters yesterday afternoon they did not intend to omit provisions protecting the rights of workers and apologized to labor group Federation of Free Workers (FFW).

“We apologize for a mistake in the labor section on the social justice article of the Constitution,” Generoso said.

Generoso said there was no intent to change the provision but that they could have just mixed up some provisions from the labor sections of the proposed constitution to the Bill of Rights.

The Concom issued the apology after labor group FFW said in a statement that the new charter under a federal form of government is “anti-labor” and that they could not endorse such proposal.

In response, Generoso said the Concom members decided yesterday to “restore every word in the 1987 Constitution” as far as workers’ welfare is concerned.

He said the Concom has added two more subheads to the labor section, which deal with the protection of overseas Filipino workers and the promotion of employment opportunities for all.   –  With Helen Flores, Mayen Jaymalin, Robertzon Ramirez


Read more at https://www.philstar.com/headlines/2018/07/11/1832525/i-wont-step-down-leni-robredo-duterte#O7ZEkuLzjTDtEvS6.99

Goodbye to all that?

President Duterte has been shouting himself hoarse, insisting at every opportunity that he’s ready to step down as early as next year to pave the way for the shift to federalism.

He may have to shout a bit more, to drown out the noise of skeptics who think the administration and its allies are plotting a fast break, through the federal charter, for a presidential reelection and term extensions all around.

Duterte’s detractors note that he has promised to step down if someone would show him proof that God exists. This is not inconsistent with his avowed readiness to quit. But his critics point out that producing a selfie with God would take an eternity – which is how long Duterte actually wants to hold on to power.

While such observations are made chiefly in jest, inconsistent statements from certain officials and various players in the latest Charter change effort are reinforcing suspicions that federalism is in truth meant to keep Duterte in power beyond 2022.

*      *      *

Yesterday, for example, retired chief justice Reynato Puno, who chairs the consultative committee that drafted the federal charter, said the Concom, upon the President’s “special request,” would revise the transitory provisions and ban him from seeking reelection. But all other incumbent elective officials from Vice President Leni Robredo down can run again.

So what was that clarification by professor Julio Teehankee, given last Friday evening, that he “misspoke” and that Duterte actually could not run again under the federal charter?

Teehankee issued the clarification two nights after he told us on “The Chiefs” on Cignal TV’s One News channel that Duterte could run again after 2022 under the federal charter, and seek reelection in 2026, for a total of eight more years in power.

But because the clarification was made so belatedly, it fueled speculation that Teehankee had simply received a scolding for talking too much, and he was tasked to conduct damage control.
People also wondered how the person who chairs the Concom subcommittee on political matters, who brought a copy of the draft charter to The Chiefs, could make a mistake on such an important fundamental item tackled by his panel.

Puno did not issue any “clarification” on the issue. Yesterday, after the Concom had submitted the proposed charter to Duterte at Malacañang, Puno effectively confirmed that Teehankee got it right the first time. The reelection provision would be deleted from the transitory provisions, but only for this President, Puno said. So what was Teehankee’s clarification all about?

*      *      *

It hasn’t helped that Duterte has a history of changing his mind at the eleventh hour on major issues, including his running for president. If a reelection provision could be sneaked into a federal charter, would he run again?

Regardless of the honest answer to that question, senators – with the exception of a few Duterte diehards – appear bent on dropping Charter change at this time. It remains to be seen whether they can stop the super majority in the House of Representatives from rendering the Senate irrelevant and imposing joint voting on the federal charter.

The senators can then take their case to the people, who will have the final say on any attempt to tinker with the Constitution. At the rate questions are being raised regarding certain key proposals in the federal charter, Cha-cha might even succeed in unifying and strengthening the opposition.

Currently leaderless and weakened by corruption scandals imputed on the daang matuwid administration, a new opposition could emerge, presenting an alternative to both the current and previous political groupings.

Yesterday, Robredo, responding to a question, indicated she was ready to step up to the plate, becoming at last a leader of the opposition, and not just because of her membership in the now minority Liberal Party.

Robredo, however, has also blown hot and cold in this role. Leading the political opposition can be tricky for a vice president, who is the constitutional successor in case of the president’s incapacity or demise. Gloria Macapagal Arroyo when she was vice president also dutifully kept her mouth shut – at least in public – as corruption scandals doomed the presidency of Joseph Estrada, whom she served as social welfare and development secretary.

*      *      *

The qualifications of his constitutional successor GMA increased the temptation for Estrada’s ouster, either through impeachment or people power.

Duterte faces a similar situation with Robredo. Yesterday he said he would not step down just to make way for Robredo’s takeover. This contradicted his previous pronouncements that he was not threatened by the possibility that his vice president might take his place. Duterte has often said that Robredo could have his job any time, prompting her to remark yesterday that his mandate is not his to give away.

“I’m a great believer in God and destiny,” Duterte said yesterday. Of course anyone with his career trajectory has to believe in God and destiny.

He also seems to be a believer, like most politicians in this country, in surveys. And according to the second quarter survey of Social Weather Stations Inc. (SWS), his net satisfaction rating has dropped below 50 from “very good” to “good” for the first time.

Duterte’s ratings have been on a consistent slide, from the dizzyingly high 80s to 90s when he assumed office to the 65 percent satisfied and 20 percent dissatisfied, for a net rating of +45, in the SWS poll from June 27 to 30.

He suffered his steepest drop in densely populated, vote-rich Metro Manila, falling by 20 points from a net +54 in March to +34, or from 72 percent to just 59 percent satisfied, with the dissatisfied growing from 18 percent to 25.

This is bad news for prospective administration candidates as the midterm elections approach.

It also poses potential problems for Duterte’s push for federalism – already a tough sell even at the height of his popularity – and the other difficult measures that his administration is trying to shepherd through the legislative gauntlet and the court of public opinion, such as the Bangsamoro Basic Law.

His falling ratings may make it easier for Duterte to give up power. As his popularity slips, however, governance will also be tougher along with his reform agenda. Including Cha-cha and the shift to federalism.


Read more at https://www.philstar.com/opinion/2018/07/11/1832444/goodbye-all-that#aFzm3LlqQHRExqML.99

Malacañang proposes P3.757 trillion budget for 2019 Read more at https://www.philstar.com/business/2018/07/11/1832381/malacaang-proposes-p3757-trillion-budget-2019#IRe3zITL5cXO3ZTj.99

Malacañang has endorsed to Congress  the proposed P3.757-trillion national budget for next year.

Presidential spokesman Harry Roque Jr. said President Duterte approved the proposed budget presented by the Department of Budget and Management (DBM) during the Cabinet meeting Monday evening.

Under the proposed budget, the major allocations are P1.185 billion for personal services; P562.9 billion for maintenance expenditures; P752.7 billion for capital outlay; P640.6 billion allotment to local government units (LGUs); support to government-owned and controlled corporations (GOCCs), P187.1 billion; tax expenditures at P14.5 billion; and debt servicing, at P14.1 billion.

For 2019, the DBM said the government will implement the annual cash-based appropriations system projected at P3.468 trillion, which will focus on investments in infrastructure development and social services, consistent with the administration’s goal of making the Philippines attain upper middle income status and becoming a globally competitive economy by 2022.

Among the big ticket infrastructure projects under the Build Build Build program for 2019 are the P2.5-billion Metro Manila Flood Management Project Phase 1; P600-million LRT Line 1 North Extension (common station) and the P500-million Bonifacio Global City-Ortigas Center Road Link Project.

The government also eyes the construction of the North-South Railway Project Phase 3 (P58.2-billion); PNR North 2 (P39.9-billion); North –South Commuter Railway Project (P19.7-billion); Chico River Pump Irrigation (P2.2-billion) and the Arterial Road By-Pass Phase 3 (P2.2-billion);  New Cebu International Container Port (P1.9-billion); New Bohol (Panglao) International Airport (P754-million); Panay River Basin Integrated Development Project (P500-million); Mindanao Railway Project Phase 1 (P2.2-billion) Malitubog-Maridagao Irrigation Phase II (P 1.5-billion); Panguil Bay Bridge (P907-million) and Davao Airport (P 565-million).

Roque said the Cabinet also discussed the creation of the Department of Disaster Resilience, along with the second phase implementation of agrarian reform and the updates on the acquisition of the NovaSAR system.


Read more at https://www.philstar.com/business/2018/07/11/1832381/malacaang-proposes-p3757-trillion-budget-2019#IRe3zITL5cXO3ZTj.99