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Monday, August 23, 2004
Central bank tells business, public to brace for higher prices
Oil price increases push import bill up
Companies with BoI perks must list with bourse
House bill seeks to ban monopoly, cartels
Filipino products still failing to meet US safety standards
SSS sets Oct 20 deadline for Equitable PCI bidders
Oil firms' high dollar demand may pull back peso
Custodians to hold nonbanks' debt papers
RCBC to sell bad loans to Lehman
Smart's remittance service under BSP scrutiny
Maynilad consults MWSS, other creditors for new rehab plan
PNOC unit awaits Japanese donor's decision on bidding
Base Metals asks court OK to mine in Picop concession
Stocks seen to rise as oil fears ease

Friday, August 20, 2004
Oil price increases push import bill up
Revamp draws mixed reactions
Big Three set PhP0.30/liter fuel price hike
1st half foreign direct investments more than double
Smart, Piltel say regulator owes them PhP600M
Oil firms, mall developer buck higher realty taxes
New PNOC head promises to deliver on energy plans
E-commerce rebirth seen
BPI accredited as 3rd party custodian
231 constructors in gov't blacklist
Exclusion of gov't officials from secrecy law sought
Central bank urged to hasten capital market reforms
Peso ends higher as dollar buying eases
Solicitor general comment asked on Meralco rate hike
Music profits up 61.51% in 1st half
Phisix ends up, tracks US stocks


August 18 - 19

August 16 - 17
August 12 - 13
August 10 - 11
August 6 - 9
August 4 - 5
August 2 - 3

 

 


 

Central bank tells business, public to brace for higher prices

The Bangko Sentral ng Pilipinas (Central Bank of the Philippines, or BSP) has advised businesses and consumers to expect goods and services to become more expensive in coming months, as world oil prices continue to soar. Even local borrowing costs can go up, particularly if the US central bank -- the Federal Reserve -- continues to fight rising prices in the US by indirectly limiting money in circulation through higher interest rates, said BSP officer-in-charge Amando M. Tetangco, Jr. in an recent interview. Central bank's overnight borrowing rate now stands at 6.7%, and overnight lending rate at 9%. These were last raised in July, when the central back matched a rate increase by the US Federal Reserve. For the first time this year, Mr. Tetangco conceded that the government's 4%-5% inflation target for 2004 could be breached since the price of Dubai crude -- the benchmark for local oil prices -- has gone up to about $40 per barrel. "If oil prices continue to increase and stay at $40 per barrel until the end of the year, we may exceed the inflation target," he said.

Previous BSP estimates considered a Dubai crude price of only up to a high of $33 per barrel. Inflation or the rise in consumer prices was already 6% year on year last June, its highest jump in the last three years. Despite rising oil prices, Mr. Tetangco said the central bank could keep key interest rates steady, and not unnecessarily raise borrowing costs. Anyway, inflationary pressures come mostly from the supply-side, and are outside the influence of monetary policy, he said. The BSP deputy governor also noted these pressures could cause big problems for businesses as well as the economy, but he also said the government was doing what needed to be done to contain rising prices. He said the central bank was coordinating with the departments of Agriculture, and Trade and Industry, to increase the supply of goods in the market, to bring down prices. "We can still afford to maintain interest rates, but we will review if there are [also] pressures from the demand side," Mr. Tetangco said. These pressures include a possible increase in wages.

The central bank has adopted an inflation-targeting approach to monetary policy, and changes key interest rates only when rising consumer prices threaten economic growth. Aside from soaring oil prices, Mr. Tetangco said the economy would also have to brace for a narrower interest-rate differential between US dollar and peso-denominated investments. And this could result in greater demand for dollars, at the expense of the peso exchange rate. The US Federal Reserve is widely expected to increase its interest rates by as much as 100 basis points by yearend to head off inflation in the growing US economy.

BSP monitors the difference in the yields for peso and dollar bonds as a guide for setting interest rates. With a narrow interest rate differential, fund managers and businessmen have less incentive to stay in peso bonds. Even New York-based investment bank Bear Stearns & Co. said the peso was likely to depreciate further. "Higher interest rates will surely follow, despite denials from the central bank and government. In the long run, this deterioration of price stability will be bad for the peso and US dollar exchange rate," it said in an August 6 report. Businessmen, for their part, expect rising inflation and budget deficit, and the peso's depreciation against the dollar to dampen confidence. "Businessmen identified increasing oil prices, accelerating inflation and the growing fiscal deficit as the main risks to the expected business upswing this year," BSP Assistant Governor Diwa C. Guinigundo said last Friday during the presentation of the results of the central bank's Business Expectations Survey for the third and fourth quarters. But survey results also showed that businessmen's confidence in the economy was on the rise.

NO CAUSE FOR CONCERN

Meanwhile, the increase in the price of beef and the anticipated increase in the price of pork may not be a cause for concern for the government in terms of managing inflation, Socioeconomic Planning Secretary Romulo L. Neri said. "I think inflation is still manageable at this point. [The increase in prices] may not be a cause for concern at this point, especially if there are those who are just stockpiling in preparation for the Christmas season," Mr. Neri said in an interview. Based on figures from the Bureau of Agricultural Statistics, an agency attached to the Department of Agriculture, beef rump sold at a high of PhP210 per kilogram as of August 17, PhP10 more than its price a week ago. The price of beef started to climb early this year after a bird flu scare forced many consumers to turn away from chicken.

Reports that the one of the country's closest neighbors, Malaysia, was recently struck by bird flu is expected to put further pressure on beef prices. As for pork, the Meat and Hog Dealers Association of the Philippines vice-president Joel Vicmudo said in a television interview over the weekend that prices could go up in the next few days as meat processors buy more pork to prepare for the holiday season. "The situation may be temporary since in this case, it's more of panic-buying as producers want to ensure they will have enough supply to meet consumer demand during the holiday season," Mr. Neri said. The National Economic and Development Authority earlier projected August inflation at 6.1%-6.3% because of the recent round of oil price increases. July inflation was 6%, and year to date is 4.3%. Even Mr. Neri expects inflation to breach the government's target range of 4%-5% for this year if oil prices were to continue to rise. -- Iris Cecilia C. Gonzales with a report from Jennifer A. Ng

 

 

Oil price increases push import bill up

By RIZARRENE S. MANRIQUE, Researcher

The country's total import bill grew significantly in June, boosted by a massive increase in payments for imported mineral fuels and lubricants. The National Statistics Office (NSO) yesterday said disbursements for foreign-made merchandise climbed by 18% during the month to $3.455 billion. Payments for imported mineral fuels, lubricants and related products grew by 119.3% to $517.54 million. The commodity's share to the total import bill rose to 15%, in stark contrast to only 8% in June 2003. In part, an increase in world oil prices jacked up the cost of importing oil commodities during the period. World oil prices have been touching record highs in recent weeks and oil-importing countries such as the Philippines are bearing the burden. "As we see from the breakdown [of the import bill], the growth in imports is particularly due to the rising oil prices. The country is oil import-dependent as local [oil] production is inadequate to meet the domestic demand. Our domestic supply of fuel is very limited, so we need to import," analyst Dianne Lorrina S. Sy of Unicapital Securities, Inc. said. A source who requested anonymity said it indicated a significant surge in demand for the commodity as well. "Oil-importing industries or companies could have stocked up on inventory to lock in cost inasmuch as they expect oil prices to further rise in the coming months," the source said.

Other commodity groups, meanwhile, posted increases in import value. Capital goods were valued at $1.238 billion, up 7.8% from $1.149 billion previously. It accounted for 36% of the aggregate bill. This group includes power generating machines, telecommunications equipment, and land transportation equipment except passenger cars and motorcycles, among others. "The increase in capital goods imports is a good indication that the manufacturing sector or the industries that are heavily importing these items are putting more into capital investments. We may not see the benefits that can be derived from these in the near term but in the medium to long term, there will more or less be an improvement particularly in capacity or production output," Ms. Sy said. Imported raw materials and intermediate goods consisting of unprocessed raw materials and semi-processed raw materials rose 4.6% to $1.264 billion from $1.209 billion a year before. Expenditures for consumer goods grew 7.4% to $246.19 million from last year's $229.43, while special transactions, including articles temporarily imported and exported, rose 79.4% to $189.46 million against the prior $105.62 million. Electronics and components were the top import items for the month. Their value went up by 6.7% year on year, to $1.431 billion from $1.342 billion. The second top import category in June was mineral fuels, lubricants and related materials; third was industrial machinery and equipment. The latter's import value rose by nearly 18% year on year to $143.13 million from $121.58 million. In fourth was transport equipment, although value actually fell by 17.7% year on year to $108.13 million from $131.51 million. Fifth was textile yarn, fabrics and made-up articles, although the June value also fell by 7.9% year on year to $96.66 million from $104.90 million.

Rounding up the list of top imports for June were iron and steel ($76.54 million); telecommunication equipment and electrical machinery ($71.77 million); plastics in primary and non-primary forms ($67.36 million); cereal and cereal preparations ($62 million); as well as organic and inorganic chemicals ($55.10 million). During the review period, inbound shipment of goods outpaced gross dollar revenue. June exports swelled only by 8.2% to $3.313 billion. This brought the country's trade balance position to a deficit. The balance of trade in goods deficit amounted to $142 million, reversing the yearago surplus of $132 million. Considering the six months to June stretch, the trade deficit added up to $1.204 billion.

MISSING OPPORTUNITIES

"We can see that the country's trade deficit has ballooned, meaning exports are weakening relative to imports. This perhaps indicates a lower demand for our exports or that the exports of other countries in the region are more attractive," economist Lawrence de Leon of Accord Capital Equities Corp. said. Mr. De Leon hinted that the Philippines is missing a lot of opportunities as it failed to take advantage of demand other neighboring countries are exploiting at present. "Countries like Singapore, Malaysia and Thailand are posting double-digit exports growth. Further, some Asian economies are posting strong trade surpluses," he said. Despite this, prospects remain rosy in the coming months on the back of an expected rise in the volume of internationally traded goods. Ms. Sy said trends could be tied down to the international crude oil prices for the time being, but it is important to see if there is movement in volume as well. "[We have to monitor] one, if there is stability in the foreign exchange and, two, if demand for import or export is stable. Given these, we can expect the balance of trade to be stable." "For the rest of the year, we can expect imports to further pick up since the demand for consumer goods would increase as we near the Christmas season. On the export side, I would like to believe there would be a recovery as well. Hopefully, if the improvement in trade performance continues, maybe the trade deficit will not be as big as what we have seen in the middle of the year," she added.

Socioeconomic Planning Secretary Romulo L. Neri meanwhile, said bigger production in the coming months is expected as imports remained robust. "The information and communications technology sector, led mostly by call centers and business outsourcing offices, will continue to expand as shown by the 10% rise in imports of telecommunication equipment and electrical machinery," Mr. Neri said in a statement. But he noted that the growth of electronic exports may not be as fast as in other Asian countries for the rest of the year. Mr. Neri said he also expects a slowdown in the recovery of the technology sector. "Technology analysts are warning of a likely correction in global electronics, due to slower inventory drawdowns and slower second-quarter domestic growth in Japan and the US," he said. The National Economic and Development Authority chief remains optimistic that personal consumption will stay strong as imports of passenger cars and motorized cycles and home appliances expanded by 24.8% and 13%, respectively. Bienvenido S. Oplas Jr., an economist from private research group Think Tank Inc. said the increase in imports will be good for the economy. "These products being imported could translate into higher exports the country. It's possible that our exports could increase in the coming months," Mr. Oplas said. -- Beverly T. Natividad with a report from Jennifer A. Ng

 

 

Companies with BoI perks must list with bourse

The Board of Investments (BoI) has again vowed to compel companies that have availed themselves of its incentives to comply with a requirement to sell at least 10% of their shares of stock to the public within a 10-year period. While admitting that previous leaderships have attempted but failed to implement this requirement, officials said they would be "serious" this time. Trade and Industry Secretary Cesar A.V. Purisima, concurrent BoI chairman, noted that only about 200 firms are listed at the Philippine Stock Exchange, while some 5,000 companies have availed themselves of tax incentives "since the beginning." "I have instructed the BoI to review the companies that have availed of the incentives the past several years and ask them to fulfill their obligation of either going public or getting at least 10% ownership by the public. This is intended to enocurage more participation in the Philippine Stock Exchange," Mr. Purisima told reporters last week.

Trade undersecretary and BoI managing head Elmer C. Hernandez explained that since registered firms have taken advantage of the incentives, they were now "well-off" and could share their profits with the public. Both officials, however, said sanctions for erring firms have not yet been drawn up. "It's up to the board," Mr. Purisima said. Mr. Hernandez said possible sanctions were still being studied. "Right now the policy of the board is cancellation of the registration after due process," he said. The requirement for public listing is found in Rule 8 of Executive Order (EO) No. 226, or the Omnibus Investments Code of 1987, which is the basis for the grant of incentives by BoI. It states that BoI-registered enterprises "shall at anytime within ten (10) years from date of registration, be required by the Board to offer for sale to the public ten (10%) percent or more of its total subscribed capital stock, voting and non-voting, and any increase thereof." Without citing specific cases, Mr. Hernandez said "We've been reminding them [BoI-registered companies]... There is a provision in the law, when they applied for registration, they had an undertaking that they will comply with the provisions of EO 226." Mr. Hernandez noted that registered firms are deemed to have complied with the public participation rule without public listing by:

  • being owned 70% by publicly listed firms, or a parent company listed in the stock exchange;
  • exporting 70% of output;
  • selling "substantial" shares to rank-and-file employees directly or through employees' trust, retirement, or pensions funds; and
  • undertaking a build-operate-transfer project whose ultimate owner is the government.

BoI has repeatedly been requested by the Securities and Exchange Commission, the Philippine Stock Exchange, and securities analysts to compel registered companies to list, to perk up the capital markets.

In 1998, then BoI managing head Melito Salazar, Jr. wrote the PSE that "one major concern that should be addressed is the apparent difficulty encountered by prospective applicants, both in the qualifications for listing and documentary requirements to be submitted to PSE." Two years later, BoI managing head Vincent S. Perez said the agency would look at ways to encourage companies to list. Last week, Mr. Hernandez said, "Now we will push through with this." -- Felipe F. Salvosa II

 

 

House bill seeks to ban monopoly, cartels

A bill filed in the House of Representatives seeks to eliminate unfair trade practices by abolishing monopolies and cartels and promoting a level playing field for businesses. House Bill No. 1874, to be known as "The Fair Competition Law of the Philippines," was filed by House Speaker Jose de Venecia Jr. of Pangasinan. In his bill's explanatory note, Mr. De Venecia observed that present laws that guaranteed fair competition were inadequate and ineffective, given the continued dominance of businesses that wield substantial market power and political influence. In addition, there is lack of competition in key sectors. Among these, the oil industry that seems to be dominated by the big three oil companies -- Shell, Caltex and Petron -- and the telecommunication industry where two mobile telecommunications carriers -- Globe and Smart -- charge comparatively higher rates. "The lack of genuine competition in certain industries impairs public welfare and undermines the country's credibility to provide a business climate conducive to investment," Mr. De Venecia said. "With the government's thrust to promote small and medium enterprises in the countryside, strong anti-trust laws are necessary to increase competition in the marketplace," he said.

Under House Bill No. 1874, persons who willfully monopolize or attempt to monopolize any kind of service, merchandise, commodity, article or object of trade or commerce will be guilty of the crime of monopolization. The bill also disallows the formation of cartels. The bill defines a monopoly as "a form of market structure in which one or only a few persons, firms or companies dominate the total sales of a product or service." A cartel is defined as "a combination of producers of any product, joined together to obtain a monopoly over the product's production, sale and price." The bill will also impose penalties on unfair trade practices such as price fixing, bid rigging, limiting or controlling production, arranging to share markets or sources of supply, price discrimination, exclusionary arrangements, tie-in arrangements, boycotts, and interlocking directors, officers or employees. Price fixing refers to an agreement among competitors to fix the purchase or selling price of goods or commodities in order to forestall competition. Bid rigging refers to an agreement among firms not to bid against each other to supply products or services to national government agencies.

Agreements to control or limit production, markets, technical development or investments, as well as agreements to share markets or sources of raw materials are deemed unfair trade practices if these are intended to create a monopoly or cartel or forestall competition. Price discrimination refers to charging different prices for goods of like grade and quality with the intention of lessening competition. Exclusionary arrangements prevent seller from selling the goods and commodities of a competitor. The end-effect is to lessen competition and to create a monopoly in a particular business. The same end-effect is arrived at with tie-in arrangements, where the sale or supply of particular goods or services is tied to the purchase of other goods and services. Boycotts are concerted refusals to sell. Unless the boycotts are for a legitimate purpose, such as refusal to extend credit to defaulting debtors or to sell to defaulting customers or to deal with violators of intellectual property rights, boycotts will be considered an unfair trade practice.

Lastly, interlocking directors, officers and employees of two or more firms that are competing with each other will be penalized. Exceptions are when these directors, officers and employees belong to a parent company and its subsidiaries, family corporations, joint venture corporations, and affiliate companies where ownership is not less than 20% in one and no more than 50% in another. Another key feature of House Bill No. 1874 is the creation of a Fair Trade Commission composed of a chairman and four associate commissioners. The Fair Trade Commission will investigate complaints of unfair trade practices and file cases before the various regional trial courts or administrative agencies. In the course of investigation, the commission may issue subpoenas and require witnesses to submit documentary evidence. -- Judy T. Gulane

 

 

Filipino products still failing to meet US safety standards

Some marine products that the Philippines exported to the US last month were refused entry for failing to meet the sanitary standards. In a July report, the US Food and Drug Administration (FDA) said that out of the 39 import rejections issued, 14 were issued either because the products were "filthy" or "contaminated with salmonella or other bacteria." Among those cited were Star Exports' frozen flat headed goby, HJR International Corporation's frozen black tiger headless shrimp, Santa Cruz Trading's frozen octopus, TBN Food Products' Batangas Best Salted and Lingayen Salted Fish Sauces, Golden Hands Manufacturing Corporation's Kamayan Salted Fish Sauce and Joroa Aquatic Resources & International Trading Corporation's frozen tuna. The US and the European Union (EU), in particular, require exporters to follow their Good Manufacturing Practice and Hazard Analysis Critical Control Point systems in food processing. Trade and Industry Secretary Cesar A.V. Purisima said the government expects the industry to improve its production and sanitation process in the following months so that the industry can earn from marine exports.

In previous months, products intended to be sold in the American market were rejected by US authorities either due to the failure of manufacturers to indicate the manufacturing process or obtain import permits as required by US laws. The 39 refusal actions that Philippine firms received in July were lower than the 66 recorded in June. There were 48 registered refusals in May and 41 in April. Notably, 19 firms and individuals received rejection slips last month compared with 18 in June. -- Cecille S. Visto

 

 

SSS sets Oct 20 deadline for Equitable PCI bidders

By RUBY ANNE M. RUBIO, Reporter

The Social Security System (SSS) is calling on interested parties to bid for its 25.84% stake in Equitable PCI Bank that will be sold as a block. With a par value of PhP10 per share, the stake -- equivalent to 187.84 million shares -- is the same block the state-run pension fund for private employees earlier agreed to sell to Banco de Oro Universal Bank. In a statement, SSS President and Chief Executive Officer Corazon S. de la Paz said all prospective bidders must submit a complete set of pre-qualification documents and their bids together with the bid security to the special bids and awards committee office not later than 12 noon of Oct. 20. They may get copies of instructions to bidders, and annexes and bid forms after registration and payment of a non-refundable fee of PhP100,000 or its equivalent in US dollars beginning Aug. 25. The winning bidder who shall post a performance security prior to being declared as such, shall be obliged to execute a share purchase agreement with the SSS within seven days from the receipt of the notice of award. If it refuses to or fails to execute the share purchase agreement, the bid security as well as the performance security shall be forfeited in favor of the SSS. "The Equitable PCI transaction was the best deal that the SSS had made in recent years from which it expected to fully recover its PhP14.7-billion investment in the shares over the next six and a half years via reinvestment of the cash proceeds from the sale," Ms. de la Paz said. "Since Equitable PCI has not paid out any dividend in the last three years, keeping the stake precludes the opportunity for SSS to invest the potential proceeds in equally safe but higher yielding instruments. This opportunity cost is magnified in the current rising interest [rate] environment," she added.

In its meeting last Aug. 18, the Social Security Commission, which serves as the SSS board, approved the move to subject the shares to a "Swiss Challenge" where the result is subject to the right of Banco de Oro's wholly owned investment house subsidiary BDO Capital & Investment Corp. to match the highest bid. The SSS board said "notice is given that title to the Equitable PCI shares may be affected by the final decision in pending cases involving the shares." In its statement, the pension fund said, "SSS reserves the right to reject any or all bids, to waive any required formality therein, or to accept such bids as may be advantageous to the SSS without giving any reason therefor." Assuring the public that everything is above board, Ms. de la Paz said SSS would benefit from a more diversified investment portfolio as the pension fund for private employees has a large exposure in Equitable PCI at approximately 8.5% of its total reserve funds.

In a disclosure to the Philippine Stock Exchange, Banco de Oro said it does not support the decision of the SSS to subject the shares to a "Swiss Challenge" public auction. "Banco de Oro reiterates its position that the letter agreement is a binding contract between the SSS and the BDO Group. BDO will do all that is necessary to protect its interests," the bank said. According to the binding agreement letter dated December 30, 2003 that was signed by Banco de Oro president Nestor V. Tan and Ms. de la Paz, the pension fund for private employees agreed to sell its 25.84% stake in Equitable PCI at PhP43.50 per share. The stake is equivalent to four board seats. The deal was supposed to close no later than June 30 "unless extended by mutual agreement of the parties." Banco de Oro had said it "has entrusted the future" of its bid in the third largest lender and will await the decision of the Mandaluyong Regional Trial Court for the resolution.

Last June, BDO Capital & Investment Corp. asked the court to compel SSS to execute the Equitable PCI share sale and purchase agreement and immediately transfer its rights, title and interests in the shares. "Speculations have repeatedly arisen from all sectors about the future of the subject transaction. However, only our courts can now decide on the fate of this deal, and its resolution is still pending with our courts. Since this matter is already the subject of judicial proceedings, Banco de Oro chooses to respect the discretion of our honorable courts and not comment on such speculations," the bank has said. In its 15-page complaint filed last June, BDO Capital said SSS "failed and refused to comply with its obligations" under the agreement despite the opinion rendered by the Department of Justice favoring the sale.

Under the deal, Banco de Oro was to pay a downpayment of PhP1 billion for the SSS stake in Equitable PCI. The total value of the stake of SSS in Equitable PCI was estimated at PhP13.9 billion, which SSS would receive after six-and-a-half years. The balance of PhP12.9 billion will be paid through 6-1/2-year zero-coupon, non-amortizing notes. The SSS board later changed the payment terms to cash. BDO Capital said the price of the shares at PhP43.50 per share was "fair and reasonable" since the shares were being traded at a high of PhP34.50. The Philippine Association of Retired Persons sought a temporary restraining order from the Makati Regional Trial Court to prevent SSS and Banco de Oro from consummating the agreement selling. The retired persons' group said the transaction would provide a bad precedent and would violate public policy on the disposition of assets.

 

 

Oil firms' high dollar demand may pull back peso

Traders expect oil companies' follow-through US dollar demand to pull back the Philippine peso's performance this week. On top of their month-end dollar requirements, oil companies are also expected to raise their demand due to the rising crude oil prices, traders said. These firms import their fuel needs. The world market continued to experience historical highs as Dubai crude jumped to $40.27 per barrel on Wednesday. US crude oil futures ended above $47 a barrel. Price adjustments on local shores again hit consumers last week.

Others said the bearishness of the dollar may somehow prevent the peso from falling further. Trade deficit issues as well as threats by insurgents in Iraq have hounded the US market. "The US also imports oil products, but more economic fundamentals have weakened the dollar," a trader earlier said. Banco de Oro Universal Bank market strategist Jonathan L. Ravelas peso "was slightly weaker against the greenback by 0.10% week-on-week to PhP55.72 on concerns over the continued rise in crude oil prices causing an oil-driven demand for the dollars." He added that the previous week's close below PhP55.76 level "suggests that a resumption of the bullish peso/weaker dollar view is preferred, initially testing the PhP55.60 to PhP55.65 levels in the week ahead." -- Ira P. Pedrasa

 

 

Custodians to hold nonbanks' debt papers

The Bangko Sentral ng Pilipinas will require nonbank financial institutions to entrust to accredited custodians the registration and safekeeping of all the securities they sell and trade as had been required of banks. According to the draft circular approved by the central bank's policy-making Monetary Board last week, nonbank financial institutions are required to deliver to an accredited custodian securities such as repurchase agreements for safekeeping. Alberto V. Reyes, the central bank's deputy governor, said the move is to avoid the undocumented trade of securities, which would effectively help strengthen the Philippine financial system. The move to have independent securities custodians seeks to avoid double or multiple sales of securities as what happened in the 1994 Bancap scandal -- where a single set of Treasury bills was illegally sold three or four times to separate clients -- that led the financial system to a virtual collapse. "Securities, warehouse receipts, quedans and other documents of title which are the subject of quasi-banking functions, such as repurchase agreements, shall be physically delivered, if certificated, to a [central bank-] accredited custodian," the draft circular said. The new regulation also covers securities sold on a without recourse basis. So far, the central bank has already accredited four independent custodians -- London-based HSBC, US-based Citibank N. A., Germany-based Deutsche Bank and Ayala-led Bank of the Philippine Islands.

Independent custodians are third parties with no subsidiary or affiliate relationship with the issuer, owner or seller of securities. A qualified bank and institution must comply with the minimum capital accounts, and must have a risk-based capital adequacy ratio of not lower than 12%. The bank must also have a CAMELs rating of at least "4" to qualify as custodian banks. The CAMELs rating system, used by the Federal Reserve System, assesses banks based on management and financial conditions and compliance with regulations. CAMELs stands for capital adequacy, asset quality, management, earnings, liquidity and sensitivity to market risk. Mr. Reyes said the central bank also wants insurance companies to be covered by the new requirements. Hopefully, he said the new regulations will encourage more people to invest in securities. Another central bank official said the move to extend the regulations to nonbank financial institutions is meant to protect the public against double deals. "We want everyone protected," the official said. Central bank Governor Rafael B. Buenaventura has said having independent custodians will also help strengthen the capital market, which is in need of reforms.

 

 

RCBC to sell bad loans to Lehman

Rizal Commercial Banking Corp. (RCBC), the country's seventh-largest lender, closed a deal to sell about PhP3.9 billion worth of bad loans to US investment bank Lehman Brothers, its chairman said yesterday. "Yes, we will sign an agreement on Wednesday" to sell non-performing loans, bank chairman Cesar Virata told reporters. Philippine commercial banks' bad loans made up 13.77% of total loans at the end of June, up slightly from a revised 13.53% in May but lower than a year ago, the central bank said on Friday. Banks are rushing to sell their bad loans before tax and investment incentives offered to purchasers of these soured assets lapse after April 2005.

A law known as the Special Purpose Vehicle Act provides for the waiving of some taxes and lowers fees usually collected in the sale or transfer of assets. The law waived the documentary stamp tax, capital gains tax and expanded value added tax. It also cut the registration and transfer fees by 50%. On Tuesday, the Philippine Bank of Communication will bid out PhP12.5 billion worth of non-performing loans, real and other properties. Government-controlled Land Bank of the Philippines has said it plans to sell PhP17 billion to PhP19 billion worth of assets within the next two months. Philippine National Bank also intends to dispose of PhP10 billion worth of assets. In July, Bank of the Philippine Islands, the country's second largest lender, sold PhP8.6 billion pesos worth of bad loans to Morgan Stanley Emerging Markets, Inc. -- Reuters

 

 

Smart's remittance service under BSP scrutiny

By IRIS C. C. GONZALES, Reporter

The Bangko Sentral ng Pilipinas (Central Bank of the Philippines, or BSP) will keep a close watch on the new cash remittance service offered by wireless operator Smart Communications, Inc. to ensure it adheres to existing BSP rules on fund transfers. BSP Deputy Governor Alberto V. Reyes said regulators have already required Henry Sy-controlled Banco de Oro (BDO), Smart's settlement bank for its new remittance service, to comply with rules covering money-transfer operations. He said that regulators have also asked the bank to explain in detail how the system will work. He said while remittance centers are already licensed abroad, these establishments still have to comply with BSP rules to ensure that funds entering the Philippines are not dirty or laundered money. "The remittance centers should observe the know-your-customer (KYC) rules. Although these are licensed abroad, they should still follow the KYC rules," he told reporters over the weekend.

Launched last Aug. 1, Smart Padala is a system that allows overseas Filipino workers (OFWs) to send money to recipients in the Philippines through a Smart remittance company partner. An OFW has to visit Smart's remittance partners abroad to implement the fund transfer. The remittance company then sends the peso equivalent through a Smart Money account it establishes for the beneficiaries in the Philippines, who will receive the text notification of money loaded to his account on his Smart cellular phone. The recipient can then go to any accredited Smart Padala center or selected outlets of McDonald's, 7-Eleven, and Tambunting Pawnshop to get the cash. Mr. Reyes said the new setup has its advantages as the funds will have to pass through the banking system and may thus boost the official remittance figures.

The BSP believes the actual amount of dollar remittances from more than seven million Filipinos abroad is much higher than what the BSP monitors as some funds do not pass through the banking system. Last year, dollar remittances amounted to $7.6 billion. BSP expects the amount to grow by 6% to some $8 billion as more Filipinos leave the country for lack of opportunities. Meanwhile, Mr. Reyes said the BSP's policy-making Monetary Board also approved BDO Cash Card but also subject to BSP's know-your-customer rules. The BDO Cash Card is a prepaid, reloadable, multipurpose electronic debit card, whose most important feature is that it is not linked to any deposit account. It offers an easy, convenient, secure and low-cost mode of payment, empowering both corporate and retail customers.

 

 

Maynilad consults MWSS, other creditors for new rehab plan

By CECILLE S. VISTO, Sub-Editor

The Lopez-led Maynilad Water Services, Inc. is consulting its other creditors, including the state-run Metropolitan Waterworks and Sewerage System (MWSS), on a new rehabilitation plan for the debt-saddled utility. This, after the government abandoned its earlier plan to take control of the water company as partial payment of its unpaid concession fees. The MWSS had also opted to draw the $120-million performance bond of Maynilad instead of its earlier commitment to limit the withdrawal to $50 million. "During the regular board meeting last Friday, Maynilad officials said they are consulting with all creditors to come up with a workable plan which will be submitted to the court early next month," said court-appointed rehabilitation receiver Rosario S. Bernaldo. Maynilad President Fiorello Estuar did not give details of the revised plan, which will be presented to the Quezon City regional trial court on Sept. 6. A hearing has been set on Sept. 9. Ms. Bernaldo said Maynilad officials are optimistic that they could come up with a corporate recovery blueprint for the debt-saddled firm with the assistance of creditors, mainly the MWSS. "The company is banking on government's word that it has no plans of liquidating Maynilad and that it will let Maynilad continue to operate in the hope of returning to profitability Maynilad has to coordinate with creditors, otherwise, the proposed rehabilitation plan will not be successful," she added. The first rehabilitation plan that Maynilad presented to court in November entailed stretching debt payments from 11 to 19 years.

A debt-to-equity swap, meanwhile, was the main strategy in the revised program filed in March. However, the so-called Amendment No. 2 -- detailing the government takeover -- was abandoned by MWSS. Maynilad lawyer Helena Calo said interested parties are reexamining the provisions of the first rehabilitation proposal but that nothing is final. In a hearing last Aug. 6, Judge Reynaldo B. Daway gave Maynilad 30 days to submit a revised rehabilitation plan that will take into account the possibility that MWSS will get in full its $120-million performance bond. MWSS earlier asked the permission of the Finance department to draw $30 million or 25% of the security to finance capital expenditures. Finance Sec. Juanita Amatong had said her department was still studying MWSS' request for a partial draw. Maynilad paid a little less than PhP50 million to renew the performance bond last month. The issuance of the performance bond was required under the 1997 concession agreement between Maynilad and MWSS and ensures that Maynilad paid its concession fees to the state-run water agency. Pending the presentation of a new rehabilitation plan, Ms. Bernaldo said Maynilad has been addressing some operational problems to improve its revenues. In particular, it has been aggressively addressing its non-revenue water woes.

 

 

PNOC unit awaits Japanese donor's decision on bidding

By BERNARDETTE S. STO. DOMINGO, Reporter

A unit of state-owned Philippine National Oil Co. (PNOC) is expecting a decision from the Japan Bank for International Cooperation (JBIC) before the month ends whether to rebid the PhP7.414-billion Northern Negros Geothermal Project. PNOC-Exploration and Development Corp., (PNOC-EDC) President Paul A. Aquino told BusinessWorld JBIC will come up with a decision by the end of August. "JBIC told us they will come up with a decision by the end of the month. That will set the tone for a rebid or a no rebid," he said. The geothermal arm of PNOC last month decided to rebid the PhP2.58-billion geothermal project in Palinpinon, Leyte after almost six months of review. The Palinpinon project is one of two projects awarded by the PNOC-EDC management during the time of former PNOC-EDC President Sergio AF Apostol. It was later found the project, along with the Northern Negros Power Project, were awarded without the required board approval. PNOC officials earlier expressed concern the rebid will delay the implementation of the project. The project involves tapping the geothermal steamfields in Mambucal Negros Occidental and the construction of a 40-megawatt base-load generating units to boost supply in the interconnected Visayas system. It will be operated as a merchant plant. Opponents, however, fear that geothermal exploration near Mt. Kanlaon, a national protected area, will result in the further denudation of the already dwindling forest cover and harm the area's biodiversity. But the government had stressed the need to develop geothermal resources, noting the project will save some $15 million in crude imports per year.

Earlier, Mr. Aquino said the firm did not want to rebid the contracts for the Palinpinon and Northern Negros projects, fearing the move would result in one-year delay. He said if PNOC decides to rebid the project, there is a possibility that Japanese firm Kanematsu, which won the bid for the Northern Negros Project, may go to the courts for a temporary restraining order. This will delay further the implementation of the project. "There are too many ramifications," he had said. The two power projects are among the initiatives of the government to head off a projected power shortage. The government foresees that by 2008, power shortage will hit Luzon and the Visayas if no new capacity is added. In Mindanao, a shortage is seen in 2009. However, the reserves of the island are expected to hit critical levels by 2006.

 

 

Base Metals asks court OK to mine in Picop concession

In an attempt to push through with mining activities in Agusan del Sur, Base Metals Mineral Resources Corp. asked the Supreme Court to uphold the Court of Appeals' decision giving the mining company right to continue operations inside a logging concession. On July 19, Base Metals filed a pleading before the high tribunal saying its mining operations do not impair the rights of Picop Resources, Inc., which holds a logging permit covering an area where the miner also operates. The case stemmed from the complaint of Picop that the area covered by Base Metals' Mineral Production Sharing Agreement is within Picop's logging concession as defined under its Pulp and Timber License Agreement. However, Base Metals insists that since it is after minerals under ground, its mining activities would not damage the surface rights of Picop. Furthermore, Base Metals alleges the mining activity in the area has been going on for 10 years with Picop's knowledge and consent and there has been no "adverse effects on the environment, or to petitioner's [Picop] logging operations." "The DENR [Department of Environment and Natural Resources] and the Superintendent of the Agusan Marsh and Wildlife Sanctuary had already cleared the area as open for exploration and mining activities." The minerals underground are not the same raw materials for the pulp and wood processing of Picop, it said. "The trees that may be cut in the pursuit of private respondents' [Base Metal] mining activity will merely be incidental and minimal -- and for which petitioner will be adequately compensated," the comment said.

Lastly, the comment said the claimed presidential warranty of Picop for the "use and enjoyment" of the area is only a confirmation of the timber permit issued. As such, it "does not denote any hint of exclusivity in the same." And, according to the Court of Appeals, "it merely warranted the 'peaceful and adequate' possession of the areas which are the basic sources of the materials for the project." -- Ma. Elisa P. Osorio

 

 

Stocks seen to rise as oil fears ease

By ROULEE JANE F. CALAYAG

Traders are confident that the improvement in world oils price would be more than enough impetus for the Philippine stock market to perform better in the coming days. Grace Cerdeņa, senior analyst at 2tradeasia.com, said the improvement in the prices of world crude could support local sentiment today. Share prices redeemed their losses early last week as these generally moved up from Wednesday to Friday, further strengthening analysts' projections that the long drought in the market will come to an end soon. With the decline in oil prices, the stock market could generate a value turnover of PhP1 billion even if it fell back to less than PhP500 million a few days ago.

World crude futures declined from $49 per barrel to $47 after Shiite militants surrendered at the Imam Ali Mosque in Najaf, Iraq. But Irving I. Ackerman, president of I. Ackerman & Co., Inc., said the market needs some assurance that global oil prices will be managed accordingly. "World problems, particularly oil prices, hurt businesses. It is not only a global concern but also a local problem that cannot be dismissed lightly," said Mr. Ackerman. But he said there should be some hope for the market which he expects to move sideways from today.

NEW APPOINTMENTS

"We look forward to a brighter picture, especially as we turn a new leaf with the appointment of a new Securities and Exchange Commission (SEC) chair," he said. The new set of appointments made by Mrs. Gloria Macapagal Arroyo less than two months after she took office as the country's 14th President is seen by some as a display of decisiveness while others see it as payback for political favors during the May election. The initial appointments announced last Wednesday had firmed up expectations of investors that the Arroyo administration is serious in implementing reforms, particularly in the economic front. "The new appointments will be very good for the economy. If the new appointees will listen to the people, the market will benefit," said Mr. Ackerman.

Critics had accused the Arroyo administration of selecting only people who could serve its interests. But members of various business circles seemed to simply shrug off the accusations, since the Arroyo administration appears to have thoroughly screened the new appointees who show exemplary performance records. Mr. Ackerman, for one, noted that the appointment of Monetary Board member Fe Barin, a respected lawyer, to the SEC as replacement for outgoing Chairman Lilia R. Bautista is a boost to the stock market. "With new leadership comes a new picture. The stock market should move and solve problems that need to be addressed, now under Mrs. Barin, to benefit most people," said Mr. Ackerman. This is expected to lead to a stronger synergy between the Philippine Stock Exchange (PSE) and the SEC, especially as they work together in improving trading at the bourse.

CUSTOMS

The recent move of the Bureau of Customs to re-file 10 of 14 cases dismissed by the courts also signifies a changing political landscape. While it was a decision made late on Friday, investors may factor this in today as a positive development that could inspire them to focus on the stock market. For a long time, market players have been itching to see government agencies, especially the Bureaus of Internal Revenue and Customs to get their acts together and be steadfast in pursuing tax cheats who have been depriving national coffers of billions of pesos. The recent decision of the Bureau of Customs to chase those suspected of tax credit scams could attract foreign investors to take a new look at the country and park their dollars here. This may strengthen foreign investors' confidence in the market, assuring them that it is a safe haven for their investments. Total foreign buying in the last few weeks after Mrs. Arroyo won in the recent national polls has climbed consistently to PhP201.3 million on Friday. Courts earlier dismissed majority of the tax credit scam cases for either the lack of interest on the part of the bureau to pursue the complaints or lack of jurisdiction.

TELECOMS, ENERGY

Meanwhile, Mrs. Cerdeņa of 2tradeasia.com said large-cap telecommunication shares as well as select energy- and power-related shares will likely provide the cushion for the market. "Short-term traders might continue to dabble in second- and third-tier issues, until more solid macro policies are in place to lift barometers higher than the 1,600 target," she said. Investors are advised to trade selectively, buying on weakness and selling on strength. The stock portal sees immediate support at 1,570 and resistance at 1,600 to 1,610.

 

 

Revamp draws mixed reactions

By JENNEE GRACE U. RUBRICO, Senior Reporter
FELIPE F. SALVOSA II and JENNIFER A. NG, Reporters

The business community yesterday welcomed Malacaņang's announcement of new appointees to key positions in the government, saying the changes were "generally good." But some businessmen who spoke on condition that they would not be identified said some of the appointments were obviously "political payback" for certain personalities who helped the President win a fresh, six-year mandate. "In the main, the changes were good but there were some good people there before," said Peter Wallace, president of the Wallace Business Forum. Sergio R. Ortiz Luis, Jr., chairman of the Philippine Chamber of Commerce and Industry (PCCI), also said the appointments were, "in general, acceptable." He lauded Mrs. Arroyo for appointing Fe Barin, former chairwoman of the Energy Regulatory Commission (ERC), as the new head of the Securities and Exchange Commission (SEC), saying Ms. Barin was "competent" for the job. Mr. Wallace echoed this, adding the appointment of former Ayala Land executive Francisco Licuanan as presidential adviser for the development of the Clark and Subic economic zones was a good move. He also said former military men in government would help attain the President's objective of good governance with their "military discipline." Retired generals Thelmo Cunanan and Eduardo R. Ermita were appointed chairman of the Social Security System and Executive Secretary, respectively. Some sources from the business community, however, balked at the appointment of a number of politicians from the ruling coalition.

A source said the appointment of former Iloilo representative Augusto L. Syjuco, Jr. as head of the Technical Education and Skills Development Authority raised some eyebrows. Another source echoed this, also saying the appointments of former congressmen Florencio B. Abad of Batanes and Joseph Ace H. Durano of Cebu to Education and Tourism, respectively, were "disappointing." "I thought Education Sec. Edilberto de Jesus was doing a good job considering he came from the education sector," a source said. The source likewise noted that Vice-President Noli L. de Castro's appointment as Housing chief was "a pity." "Housing is a major area and you need to place competent people on the post," he said. Mr. de Castro was a former newsreader and was on his third year as senator when he was tapped by the President to be her running mate. Mr. Wallace, meanwhile, said the departure of Luis P. Lorenzo, Jr. from the Agriculture department was a big loss considering he performed well. Mr. Lorenzo, who was replaced by Arthur C. Yap, has cited that under his stead, the agriculture sector posted record growths. "It's a strange thing to do," Mr. Wallace said.

POLITICAL DEBTS

Mr. Ortiz Luis also said a number of businessmen were "generally satisfied" with the performance of Environment Sec. Elisea G. Gozun, who was replaced by Michael T. Defensor. Mr. Defensor was Housing czar and campaign manager for the President. Mr. Wallace pointed out that the current situation was critical as the President must make key reforms to turn around the economy. Thus, she must appoint people who are competent in their area of expertise and have the "ability to interact with Congress," he said. "This is not a time to pay political debts. The President must make bold steps to move forward," Mr. Wallace said. Economists also said political considerations may have carried much weight in the reshuffle. "My impression is that political considerations had a lot to do with the reshuffle," Erico Claudio, research adviser of private investment firm Unicapital Securities, said in an interview. While the replacements were not exactly "controversial," Mr. Claudio said he was baffled by the need to change guards, especially when no announcements of any major changes have been made in the government's political and economic strategies. Bienvenido S. Oplas, Jr., an economist from private research group Think Tank, Inc., also believed political considerations played a major part in the recent Cabinet reshuffle. He also expressed disappointment to see more faces in the government bureaucracy. "There's just too many bureaucrats in the government. I don't think the President has to appoint a multitude of advisers," Mr. Oplas said.

BARIN APPOINTMENT

Meanwhile, while Messrs. Wallace and Luis welcomed the appointment of Ms. Barin to SEC, some traders showed their misgivings. Officials whose businesses are being regulated by the SEC are concerned that Ms. Barin, who has been with the Monetary Board for a long time, might "think like a bank regulator" and stifle the capital markets. "She might think like a central banker and this would not be good for the securities market. You have to have a different mind-set to regulate the capital markets," an official of an investment house said. He noted that while the banking sector was heavily regulated, the capital markets had enough leeway to be "creative" with their products. The official said the profile of bank investors and securities market investors were different. Whereas bank clients just put their money in banks and leave it to them to decide how the money would be invested, capital markets clients were more hands-on and would decide on where they would put their investments after being presented with the "risk factors" of the investment products, he said. If the SEC would start regulating the capital markets the way the central bank regulates banks, it "might stifle the creativity and dynamism" of the industry, as it has a higher risk appetite than the banking sector, the official said. He also said the SEC should "just make sure that the rules are in place and that everybody plays by the rules."

Meanwhile, an official of the Philippine Federation of Pre-Need Plan Companies said it was still premature to say if Ms. Barin would be a good SEC head, but he added his group would like to continue working with the SEC. "We would like to maintain regular dialogues with them," Juan Miguel Vazquez, president of the pre-need federation, said. Other officials were more optimistic. Bobby Cafe, first vice-president of pre-need company College Assurance Plans Philippines, Inc. (CAP), said, "from all indications, she comes with the qualifications." "We look forward to working with her even as we express our appreciation to Chairman [Lilia R.] Bautista for having been a fair regulator of our industry," he said. CAP is working closely with the SEC because it is under regulatory leeway. It had earlier reported a PhP17- billion variance in its trust assets as of end 2003. The company has only PhP8.4 billion in trust assets, compared with an actuarial reserve liability, or projected liabilities, of PhP25.5 billion. For her part, Ms. Bautista, who was appointed Philippine ambassador to Belgium, also welcomed Ms. Barin's appointment. "I have known Attorney Barin for a long time she is knowledgeable and hardworking and her appointment means closer coordination between the BSP and the SEC and may be a prelude to a more structured implementation of securities and bank products," she said. Ms. Bautista noted that the Bangko Sentral has jurisdiction over a number of entities under SEC.

 

 

Big Three set PhP0.30/liter fuel price hike

Oil giants Petron Corporation, Pilipinas Shell Petroleum Corp., and Caltex Philippines, Inc., have increased prices of their diesel, gasoline and kerosene products by 30 centavos per liter, following similar adjustments by small industry players. The new prices for Petron and Shell took effect at 12:01 a.m. yesterday. Caltex's prices were implemented on Wednesday. The increase was attributed by officials to escalating prices of oil in the world market due to the recall referendum victory of leftist president Hugo Chavez in Venezuela, the world's fifth-largest oil exporter, as well the continued dispute between the Russian government and oil giant Yukos. World oil prices hit a new record high Wednesday, with Dubai crude soaring to $40.27 per barrel, posting an average of $39.64 for this month from $34.65 a month ago.

Mean of Platts Singapore (MOPS) unleaded gasoline traded at $52.75 per barrel. The month to date average is now $51.46 per barrel from $46.52 in July. Diesel, meanwhile, increased to $53.54 per barrel. Major oil players Petron, Shell and Caltex account for at least 88% of the Philippine market. The 30-centavo increase came at the heels of fuel price increases imposed by four smaller oil players on Monday. The four companes had initially raised prices by 35 centavos per liter, but announced that they were rolling back prices by five-centavos on Tuesday following an appeal by Energy Secretary Vincent S. Perez, Jr. The same firms, however, retained a 50-centavo increase implement for their kerosene products. Mr. Perez had asked oil companies to limit price increases as part of a pronouncement to implement more frequent but smaller adjustments.

Eastern Petroleum Corp., Flying V, Seaoil, and Unioil Philippines said the fuel price increases were overdue as world oil prices were hitting all-time highs. An economist has said the price increases imposed by these small players would have little effect on the economy, considering that Independent Philippine Petroleum Companies Association members account for only a 15% market share. Accumulated price increases in the past weeks imposed by major and small oil firms would likely have more significant effects, he said. -- Bernardette S. Sto. Domingo

 

 

Oil firms, mall developer buck higher realty taxes

SM Prime Holdings and four major oil firms have warned the City of Manila against doubling the city's realty taxes, saying this will be an added burden to consumers already saddled by increasing costs of basic commodities. On August 17, Pilipinas Shell Petroleum Corp., Petron Corp., Total (Philippines) Corp., and Caltex (Philippines) Inc. filed a joint position paper before City Hall decrying the bid to increase taxes. SM Prime also criticized the proposal and urged the Manila city council to reconsider. The company, which owns one mall and three department stores in Manila, will be the hardest hit among mall developers in the area if the realty tax increase were enacted. "The proposed ordinance will increase our operating cost. At a time when the economy is struggling and domestic oil demand is expected to decrease, this increase will accordingly be passed on to the consumers," the four oil firms said in their position paper. SM Prime vice-president Cecille R. Patricio, in position paper filed on August 16, said "We believe that with the present condition of the economy, coupled with the unending increase in the prices of basic commodities and the various plans to increase and/or impose new tax generating laws, the least that the people, including the business sector, need right now is a 100% increase in the assessment levels of Real Property Tax."

The oil companies also pointed out that the increase "seems inopportune in view of the rising domestic oil prices" due to the volatile prices of world crude and refined petroleum products which just reached record highs. The past few months have seen major and independent oil companies raising prices of petroleum products, effectively pushing up costs of transportation and basic commodities. While the oil firms said that they understand Manila's need to generate revenues, the new tax scheme "does not make sense" in light of the current "worsening economic conditions." They said Manila halved the realty tax in 1996 in response to "adverse" economic situations and it can do so again as "undoubtedly, this reason still exists today." The current assessment values for residential, commercial, and industrial lands in Manila stand at 10%, 25%, and 25%, respectively, of their fair market value as stipulated in the eight-year-old City Ordinance No. 7905.

A new land value scheme being discussed by the City Council will raise the assessment values of residential lands to 20% of fair market value and that of commercial lands and industrial lands to 50%. The assessment level of commercial and industrial buildings valued at PhP10 million and above will double to 80% from the previous 40%. City council officials hope the proposal will be enacted before yearend and take effect January next year. The oil firms said that if the Manila City council's proposed adjustments are "unavoidable," two options should be considered: lower the proposed rates or impose a gradual increase over a period of at least two years. SM Prime Holdings' Ms. Patricio, meanwhile, suggested that an annual 25% tax increase be spread over four years. "Through a staggered increase in the assessment level, the financial needs of the City Government will be duly addressed without imposing a heavy burden to its people," Ms. Patricio said. -- Kristine L. Alave

 

 

1st half foreign direct investments more than double

Foreign investments jumped by 114% in the first half as political jitters from the May 10 elections subsided. Monthly figures were not provided, particularly for the period after the polls, but central bank officials explained the increase for the first semester was much more substantial than previous upturns. Latest data showed that foreign direct investments -- direct equity and portfolio investments -- registered with the Bangko Sentral ng Pilipinas (Central Bank of the Philippines, or BSP) stood at nearly $2 billion in January to June, up from $919 million in the same period last year. A BSP official said the country had benefited from a global economic recovery. At the same time, however, he said the government's swelling budget deficit, which stood at PhP199 billion last year, continues to scare off foreign investors. He said investors are wary of putting funds in the country because of the unstable peso and rising interest rates, affected largely by the budget deficit. Of the $1.967 billion in investments registered with the BSP in the first half, direct equity investments totaled $512 million. This was 106% higher than the $248 million reported in the same period last year.

Similarly, portfolio investments rose by 117% year-on-year to $1.455 billion from $671 million. Direct equity investments are investments by nonresidents in shares of stock, mostly in local firms that are not listed at stock market, or in foreign companies licensed to do business in the country. Such investments can be in cash, as assessed and appraised by the central bank, or in the form of expenses incurred by foreign firms working in government-approved service contracts such as those for energy-related projects. Portfolio investments, meanwhile, are investments by nonresidents in shares of stocks listed at the Philippines Stock Exchange (PSE), in government securities and in peso bank deposits with maturity of at least 90 days. Singapore investors accounted for the biggest share of direct equity investments during the six-month period with $243 million. Investors from the United States and the United Kingdom accounted for the largest share of portfolio investments, amounting to $400 million for each country. Of the total investment figure of $1.967 billion, US-based investors and fund managers accounted for $465 million, followed by investors from Singapore with $463 million. The Bangko Sentral said most of the investments went to various sectors, including transport and communication, real estate, construction and manufacturing. -- I. C. C. Gonzales

 

 

Smart, Piltel say regulator owes them PhP600M

Instead of collecting alleged debts, the National Telecommunications Commission (NTC) should refund sister firms Pilipino Telephone Company (Piltel) and Smart Communications, Inc. PhP635 million in overpayment for fees since 1999, an official of the two companies said. Both firms have been asking the NTC to reevaluate its basis for computing regulatory and supervision fees, said Rogelio Quevedo, head for legal and external carrier relations department for both Smart and Piltel. "We are seeking [a] refund on the credit of overpaid regulatory and supervision fees. It is actually the NTC which owes us [Piltel] PhP600 million," Mr. Quevedo said, adding that the commission also owes Smart PhP35 million. He said the NTC earlier corrected its computation for fees paid by telecom firms, which was used as the basis for the refund currently sought by Piltel and Smart. Mr. Quevedo filed Piltel's petition for refund in August 2003 at the Quezon City Regional Trial Court. In the case of Smart, he said there is already a pending case filed at the NTC. "We are asking them to recompute and reassess. Apparently the NTC cannot understand its own conflicting memorandum circulars," he said.

The NTC said it is collecting unpaid fees amounting to PhP1 billion from Piltel and PhP100 million from Smart. NTC director Edgardo Cabarios was quoted saying that Piltel's regulatory dues had piled up in the past five years. Smart's debt, meanwhile, accounts for unpaid fees since 2002. Last year, Piltel tried to settle its dues with PhP9 million to cover supervision and regulatory fees. The NTC said, however, that this amount represents only the surcharge fees. -- Anna Barbara L. Lorenzo

 

 

New PNOC head promises to deliver on energy plans

ByBENNET S. STO. DOMINGO, Reporter

Energy Undersecretary Eduardo V. Maņalac yesterday said he would adhere to President Gloria Macapagal Arroyo's mandate for the Philippine National Oil Co. (PNOC). Mr. Maņalac was named new PNOC president after the President announced Wednesday 26 new appointments, including 16 with Cabinet ranks. It was the first revamp of the Cabinet after Ms. Arroyo won a fresh term in the May 10 elections "It's a new work. I would adhere to the President's strategy which she unveiled during her energy policy speech, that's what we will do," he told BusinessWorld. The PNOC is the implementing arm of policies drafted by the Department of Energy. Mr. Maņalac said he would conduct a media briefing before assuming his post as new PNOC president sometime next week.

President Arroyo laid out new energy policies during a speech before provincial power distributors last Aug. 6. Among these policy directions geared towards energy independence and savings, is the need to increase local reserves of indigenous oil and gas. Ms. Arroyo had mandated the PNOC to search for indigenous energy resources for the development and promotion of oil and gas exploration. She also instructed the PNOC-Energy Development Corp., a subsidiary of PNOC, to partner with the private sector to become the number one geothermal energy producer in the world.

For its part, the exploration arm of PNOC should be upgraded to improve success rates in discovering new oil and gas reserves, Ms. Arroyo had said. She added the PNOC Petrochemical Co., should be given a key role in the revival of the country's midstream petrochemical industry and pave the way for the construction of a naphtha cracker plant. The shipping arm of PNOC, for its part, was tasked to modernize its fleet through strategic alliances with the private sector to ensure delivery of petroleum products even to the remotest islands. Ms. Arroyo said the new policies were aimed at lessening energy importation that will lead to 60% self-sufficiency for the country by 2010. Mr. Maņalac will replace current PNOC president Thelmo Y. Cunanan, who in turn, was named chairman of the Social Security System.

 

 

E-commerce rebirth seen

E-commerce may see a rebirth in the Philippines with the growth of internet users in the country, said Philippine Long Distance Telephone Co. President Napoleon L. Nazareno. Retailers can also tap the growing mobile phone business for their e-commerce business with more than 26 million Filipino cellular phone users today. Mr. Nazareno, who addressed members of the Philippine Retailers Association recently, said it is time for local retailers to take a second look at e-commerce and take advantage of the development in the country's wired and mobile communications services. "As the internet community in the Philippines becomes larger, it will be increasingly unwise for retailers to continue ignoring this group of web-connected, well-informed and trend-setting individuals," Mr. Nazareno said. He said there are now over four million internet users in the country, double the figure reported in 2002. For PLDT's dial-up internet service alone, subscribers jumped nearly 200% from 2003 to the current 345,000 users. Internet users are also expected to increase as chains of internet cafes increase in the country. For instance, PLDT's Netopia internet cafe has already 100 branches nationwide and 4,200 workstations which services two million people. The mobile phone market is also a potential ground for the growth of e-commerce as Mr. Nazareno cited the electronic service of pre-paid reloading as an example. -- B. Lorenzo

 

 

BPI accredited as 3rd party custodian

The Monetary Board, the policy-making body of the Bangko Sentral ng Pilipinas (BSP), yesterday accredited Ayala-led Bank of the Philippine Islands (BPI) as third-party custodian. BSP Deputy Governor for bank supervision and examination Alberto V. Reyes said yesterday this brings to four the total number of independent custodians accredited by the board. Monetary authorities earlier accredited Deutsche Bank, Hong Kong Shanghai Banking Corp. (HSBC) and Citigroup. These institutions met the stringent requirements for a third party custodian, which will be the guardian of billions of pesos worth of government debt papers and other IOUs being traded in the market. As the keeper, the custodian banks will have to ensure that all transactions are backed-up by government securities and there is no double sale. Regulators are stepping up efforts to strengthen the local financial system, including the trading of securities to avoid what happened in the 1993 Bancapital scam which involved double sale of securities. -- Iris Cecilia Gonzales

 

 

231 constructors in gov't blacklist

By CECILLE S. VISTO, Sub-Editor

The government is warning the public against commissioning the services of any of the 231 blacklisted constructors nationwide. The Construction Industry Authority of the Philippines (CIAP), an agency under the Department of Trade and Industry, said the licenses of nearly 80 of the project builders have been indefinitely suspended for various reasons ranging from project abandonment and considerable delay in the completion of projects to even falsification of documents. Other constructors have been suspended for as long as four years or until July 2008.

CIAP officer-in-charge Kathryn Josephine T. Dela Cruz said the list of banned builders is regularly released mainly to guide government agencies. However, the private sector could also rely on the list to ensure that it is not dealing with so-called "ghost constructors." "This report aims to serve as reference for the prequalification or eligibility screening, bidding and award of construction contracts by government tendering agencies," said Ms. Dela Cruz. A CIAP unit, the Philippine Domestic Construction Board (PDCB), collates the list gathered from various government agencies and industries. The Philippine Constructors Accreditation Board (PCAB) monitors the performance of constructors dealing with the private sector. Notably, companies included in the list could no longer participate in government biddings. Under Republic Act 9184 or the Government Procurement Act, government agencies must require project proponents to present a certification that they are not on the blacklist of PDCB.

The new procurement law also mandates bidders to have garnered at least a 70% grade, based on the evaluation of PDCB. The Board rates companies based on five criteria, namely, workmanship and materials, ability to meet deadlines, facilities, resources deployment and environmental safety and health concerns. Over 2,000 constructors have been rated by PDCB. The consolidated list of banned constructors, released early this month, did not contain prominent builders. However, foreign firms like China Jiangsui International Economic Technical Cooperation Corp. and Xiamen Special Economic Zone Trade Co., Ltd. were included. Their licenses have been revoked. A number of firms were blacklisted on the request of government agencies like the Department of Public Works and Highways.

 

 

Exclusion of gov't officials from secrecy law sought

By JUDY T. GULANE, Reporter

Government officials who have enriched themselves in office will not escape the prying eyes of the law if Makati City Rep. Agapito A. Aquino will have his way. Mr. Aquino has filed House Bill No. 2101, which seeks to exempt government officials and employees, whether elected or appointed, from coverage of the Bank Secrecy Law. Mr. Aquino noted that while the purpose of the Bank Secrecy Law is "very commendable," it has nevertheless stalled investigations of government officials and employees who have been suspected of amassing wealth while in office. House Bill No. 2101 will amend Section 2 of the Bank Secrecy Law by removing the confidentiality of deposits of elected or appointed public officials, which will allow these deposits to be examined, inquired or looked into by any person, government official, bureau or office. The bill specifies public officials as including the President, Vice-President, members of Congress, members of the judiciary, the Ombudsman and his deputies, the chairmen and members of the constitutional commissions and members of the Cabinet including the undersecretaries and assistant secretaries. They also include the bureau directors of the different departments, the commissioners and deputy commissioners and examiners of the Bureau of Internal Revenue and Bureau of Customs, and officers and members of the Armed Forces of the Philippines and the Philippine National Police.

The Bank Secrecy Law or Republic Act 1405 was enacted in 1955 to encourage people to deposit their money in banks, and to enable banks to extend loans. Section 2 of the law ensures that deposits, including investments in bonds, are of an "absolutely confidential nature," and cannot be examined except upon the following conditions: a written permission of the depositor, an impeachment, an order of a court in cases of bribery or dereliction of duty of public officials, and when the money deposited or invested is subject of a litigation. Mr. Aquino said the amendment he wants inserted in Section 2 will equip government authorities "with the tools needed to go after crooks in government." He told BusinessWorld that as author of House Bill No. 2101, he is very willing to have his bank deposits looked into if needed.

 

 

Central bank urged to hasten capital market reforms

Equitable PCI Bank, the country's fourth largest lender, yesterday urged the Bangko Sentral ng Pilipinas to place on the fast track reforms that would help develop the domestic capital market. Equitable PCI president and chief executive officer Rene J. Buenaventura said the country needs to deepen its capital markets to help spur domestic credit activity. "Similar to other emerging economies, a true credit culture is not yet fully developed in the Philippines. Some decisions are influenced by business relations, family ties, and other various considerations," he told delegates at the recent Asia Pacific Bond Market conference held in Hong Kong. Mr. Buenaventura joined top investment bankers and government officials as they discussed the challenges facing the Asian bond market, which remains without any unified regulatory framework. He outlined a list of reforms he deemed necessary to spur the growth of the capital markets, similar to what central bank Governor Rafael B. Buenaventura raised in the past.

For one, the bank executive said there is a need to develop an accurate credit profile of borrowers so that an effective corporate bond market can develop. He said it is necessary to have a current local credit rating process patterned after global practices and strong regulatory support to foster price transparency. He said this would allow efficient credit premium discovery and enable market participants to effectively price in credit risk. Mr. Buenaventura said the Asian bond market remains remains complicated and challenging due to lack of regional institutions and a unified regulatory framework. He said another key factor is the development of a deep, plausible market in the Philippines, which could be achieved by developing a fixed-income exchange. He said this would ensure liquidity and a government yield curve to serve as benchmark for local market issuance. The banker said the government should continue to support the domestic market to rationalize the state borrowing program and encourage more players in government notes and treasuries. He urged the central bank to "fast-track reforms that would let banks and other holders of long-term capital market instruments hedge both interest rate and credit risk." "A true credit culture still needs to further take root in the Philippines and must be fostered if the market for corporate debt securities is to grow vibrant enough to help propel economic growth," he said. -- Iris Cecilia C. Gonzales and Ira P. Pedrasa

 

Peso ends higher as dollar buying eases

The Philippine peso yesterday closed stronger by two centavos as US dollar demands from oil companies started to wane. "They already stocked up yesterday. When they realized that they can't break the PhP55.85 barrier, they already unloaded. Banks just took profit in the afternoon," a trader said. The other day, the peso ended weaker as the dollar requirements of oil companies surged amid rising global crude prices, which hit above $47 a barrel recently.

At the Philippine Dealing System, the country's electronic currencies exchange, the peso averaged weaker by almost nine centavos to PhP55.809 from PhP55.722 the other day. Opening at PhP55.79 against the greenback, the peso slipped to as low as PhP55.85. After hovering within a nine-centavo range, it finally closed at its intraday high of PhP55.76. Total volume of transacted dollars decreased to $153 million from $155 million previously. "Demands were really heavy at the PhP55.80 and PhP55.85 levels just for their follow-through buying, but the peso eventually appreciated," another trader added.

Another trader also said the peso was likely pulled by the Japanese yen, while most currencies remained stagnant due to market fears over rising costs of oil. Most Asian countries import their fuel and oil products. The Japanese yen, at the last count, posted a new high at 109.28, coming from 109.85 yesterday. Meanwhile, the Thailand baht barely moved near the 41.50 level. -- Ira P. Pedrasa

 

 

Solicitor general comment asked on Meralco rate hike

The Court of Appeals has directed Solicitor General Alfredo L. Benipayo to comment on the motion for reconsideration filed by the Energy Regulatory Commission (ERC) concerning Manila Electric Co.'s (Meralco) rate increase. On Aug. 13, the ERC asked the Court of Appeals to reconsider its decision voiding Meralco's 17-centavo per kilowatt-hour rate plea. The court nullified the rate hike, saying ERC should have first required the audit of Meralco's books and accounts before it was allowed to break down or unbundle its charges and then to raise them. In an Aug. 17 resolution, the court's 15th division said the solicitor general has 10 days from notice to file the comment. The ERC, in a 38-page motion filed before the Court of Appeals, said there is no valid reason to set aside the ERC decision as it considered the Commission on Audit (CoA) audit before granting the Lopez-led firm a 17-centavo increase.

According to the ERC, "to charge now that ERC gravely erred in not involving CoA in the appealed cases is grossly unfair to it, as it is without any factual basis. "A CoA audit was indeed conducted in the appealed cases, not to mention the actual assets inspection undertaken for the purpose of computing respondent Meralco's appropriate revenue requirement and rate base and determining the reasonable rates that it is authorized to charge its customers," the motion stated. As a matter of fact, ERC, in the motion, said Meralco did not get the tariff adjustment it asked for. It was lowered after ERC considered the operating expense and disallowances from rate base. In spite of obtaining a CoA audit, ERC insisted that such audit is not a prerequisite for rate adjustments. In the motion, ERC said it acted on its own when it requested for an audit. The assistance CoA provides may not be made obligatory and mandatory because, ERC said, as no law and jurisprudence sanction these. According to the CoA, auditing utilities for rate-fixing purposes is not one of its principal concerns. -- Ma. Elisa P. Osorio

 

 

Music profits up 61.51% in 1st half

The net profit of Music Semiconductors, Inc. in the first half rose to PhP20.98 million, up 61.51% from PhP12.99 million in 2003. However, the investment holding company failed to sustain its net sales, which dropped to PhP126.68 million from PhP131.59 million. But operating profit for the period grew to PhP23.37 million from PhP20.31 million earlier. Second-quarter results were mixed. While net profit rose to PhP5.81 million from PhP5.57 million, net sales slumped to PhP56.99 million from PhP79.69 million. The cost of goods it sold also slipped to PhP20.77 million from PhP27.25 million. The company's operating expenses for the second quarter was marginally down at PhP29.29 million against PhP30.45 million in 2003. Operating profit recorded the biggest decline. It dropped to PhP6.92 million from PhP22 million from April to June 2003.

Music, formerly MUSIC (or Multi User Specialty Integrated Circuits) Semiconductors Corp., was incorporated in January 1992 as a subsidiary of Dutch parent MUSIC NV. Music Corp. became the parent company in November 1993 after the acquisition of a major stake in the company by Asian investors and an exchange of shares by existing shareholders. -- R. J. F. Calayag

 

 

Phisix ends up, tracks US stocks

By ROULEE JANE F. CALAYAG

The Philippine stock market moved to a different beat yesterday with bargain hunting and gains in Wall Street revving up trading. Ending a two-day hiatus, investors bolted out of the sidelines, spurred by renewed optimism that saw share prices bounce back to greener territory. Elena Ponceca, research chief at Unicapital Securities, Inc., said one of the reasons that led stocks to close higher was the favorable showing of US stocks. "The local market looked to the US market," said Ms. Ponceca. The Dow Jones Industrial Average was up 110.32 points or 1.11% at 9,972.83 on Wednesday.

The Philippine Stock Exchange composite index (Phisix) tracked Dow Jones' gains, rallying 16.90 points or 1.09% at 1,573.23. It opened at 1,558.01, and reached a high of 1,574.38 and a low of 1,557.98. However, although prices spiralled to a new high after wiping off significant losses gained in early consecutive trading sessions, the value was still below par. Only 691.8 million shares worth PhP412.3 million were traded. Yesterday's value retracted to below PhP500 million after inching closer to the P1hP-billion mark last week as it hovered between PhP600 million and PhP900 million. Dealers said the thin value indicated that there was still an underlying concern over the country's economic prospects which seem to be growing dim with the unending oil price hikes. The positive performance of the American Depositary Receipts (ADRs) of Philippine Long Distance Telephone Co. (PLDT) could also have boosted trading at the local bourse. Ms. Ponceca said PLDT's ADRs serve as a benchmark for the Philippine market. She also noted strong bargain hunting, another factor that helped push up share prices level after two days of losses. "Second- and third-liners were picked up," said Ms. Ponceca.

PESO

The momentum gained by the Philippine peso against the greenback also helped buoy sentiment, lending strength to languishing share prices. "The improvement in the peso also made investors more inclined to trade actively," added Unicapital's research director. The series of good economic developments in the past five days may also have boosted market participation. The Bangko Sentral (central bank) last week said bank lending grew at a faster rate in June, picking up by 3.8% to PhP1.49 trillion from last year, and faster than the 1.7% growth recorded in May. The improvement was attributed to various sectors such as manufacturing, wholesale and retail trade, and transportation, storage and communications sectors. "This could have spurred interest in banking issues," she said. The strong dollar remittances of overseas Filipino workers (OFWs) which shot to a high of $4 billion in the first semester also inspired investors. "In the next few months, we may see an improving trend with the global economic trend, particularly in the US and Japan," showing positive signs, added Ms. Ponceca.

AGRICULTURE

The agriculture sector, which accounts for a fifth of the country's economic output, also brought some good news to the market as it recorded a 6.61% year-on-year growth during the first semester. The growth was attributed to an increased production in unhusked rice, corn, sugarcane and aquaculture. "The first-half growth in the agriculture sector could offset some weaknesses in manufacturing and could help sustain growth in the local economy," said Ms. Ponceca. She noted that some pundits only see the economy as stagnant. "Although the manufacturing sector showed disappointing results in the past nine months, the economy is growing even below the forecast," said Ms. Ponceca, adding that the improvements, though minimal, are what matters especially when plotting the economy's growth from the first quarter.

IMPORTS

In other news, the National Statistics Office yesterday said merchandise imports in June rose 18% to $3.45 billion from $2.93 billion a year earlier. Merchandise imports for the first six months of the year grew at a slower rate of 7.2% to $19.94 billion from $18.61 billion last year.

BENGUET

Meanwhile, the stock exchange yesterday suspended trading of Benguet Corp. shares due to the company's failure to comply with reporting requirements. The mining firm failed to submit its annual report for 2003 and had yet to pay the basic and daily fines for the delay in the submission of the requirement.

INDICES

The all shares index inched up 3.29 to 1,004.30. Gainers beat losers, 38-27. Forty-six of the 111 issues traded remain unchanged. Conglomerate Ayala Corp. toppled PLDT from the top spot in the list of actively traded stocks, up PhP0.10 to PhP5.50 on 12.59 million shares. All the indices advanced except for the small and medium enterprise counter which was unchanged. Leading the performers was the commercial and industrial index which rose 21.03 to 2,506.84. Property came close, advancing 11.98 to 517.03. It was followed by the mining sector which recovered from sluggish trading. Mining went up 10.28 to 1,904.76. Oil recorded a marginal increase of 0.05 to 1.59.