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		 Building on her government's gains in the last three years, President 
		Gloria Macapagal-Arroyo yesterday presented to Congress
		
		her administration's program for the next six years and asked all 
		sectors to take bolder steps to curb the budget deficit, arrest 
		corruption, and improve the living conditions of the average Filipino.
		 
		In her first
		
		State of the Nation Address (SONA) as the 14th president 
		of the Philippines, Ms. Arroyo
		
		presented a 34-minute to-do list aimed at highlighting the 
		government's commitment to a new direction of putting the Filipino first 
		in all its undertakings, "and finally get things right." And as 
		expected, the president used the recent hostage incident in Iraq of 
		Filipino truck driver Angelo dela Cruz to drive home her point, and to 
		emphasize that her government cared more about people than critics. "You 
		have a government -- indeed, you have a country -- that cares. Your life 
		is held more dearly than international acclaim. And you have a president 
		who is your friend, and I cannot apologize for being a protector of my 
		people," the president said in her
		
		speech, which was applauded 36 times. The president used the 
		euphoria over the safe release of Mr. dela Cruz as a rallying point for 
		the Filipinos to unite to "put our economic house back in working 
		order." "Having saved one Filipino from a painful and pointless death, 
		we must seize the unity we attained to improve our government and save 
		our economy," she said.  
		KEY RESULT AREAS  
		Ms. Arroyo bared her government's targets in five key areas: job 
		creation and economic growth, energy independence and savings, social 
		justice and basic needs, education improvement and youth opportunity, 
		and the government's anti-corruption campaign. To boost the economy, the 
		president pledged to wipe out the country's chronic budget deficit 
		within her six-year term by running after tax cheats. The president also 
		pledged to cut the country's unwieldy bureaucracy and devote her new 
		term to raising millions out of poverty, although she gave few details 
		on how she would do it. Ms. Arroyo also reiterated plans to introduce 
		new tax steps to raise an extra
		
		PhP80 billion a year while saving an extra
		
		PhP100 billion a year, but gave no further details on tax. Her 
		Energy secretary yesterday said that she had signed an order to raise 
		tariffs on oil product imports to 5% from 3% to net an extra
		
		PhP4.4 billion.  
		Analysts said Ms. Arroyo needed to show her deficit-cutting plans had 
		teeth within months or risk further damaging downgrades by international 
		ratings agencies, which already rank the country's sovereign debt two 
		notches below investment grade. "We have to see progress on the actual 
		fiscal reforms over the next few months," said Nicholas Bibby, an 
		analyst at Barclays Capital in Singapore, adding that a downgrade by one 
		of the major agencies was possible this year. Ms. Arroyo asked Congress 
		to approve a bill on the privatization of debt-laden state power firm 
		National Power Corporation (Napocor), promising that it would not be a 
		"fire sale," and to pass a bill making the country's anti-corruption 
		ombudsman as strong as that of Hong Kong. She also promised to create a 
		more efficient bureaucracy by cutting staffing and giving the private 
		sector a greater role. "We will downsize the government, motivate excess 
		employees to become entrepreneurs and increase the pay of a lean and 
		mean bureaucracy," she said. After three years overshadowed by 
		legitimacy doubts, Ms. Arroyo had pledged to use her mandate for a fresh 
		six-year term and legislative majorities to wipe out the $3.6 billion 
		annual budget deficit, create six million jobs and put computers in all 
		schools.  
		'LIKE A MEDIOCRE TERM PAPER'  
		It is still far from clear whether
		
		politicians are ready to tackle the country's problems with renewed 
		urgency, pushing aside the bickering and bad blood that has lingered 
		since anti-graft protests turfed out Joseph Estrada and installed Ms. 
		Arroyo in 2001. Moves to raise "sin" taxes on tobacco and alcohol have 
		been stymied for years by entrenched opposition. Early proposals to 
		abolish the value-added tax in favor of a new tax on gross income have 
		been criticized as counter to a trend towards VAT-based tax systems in 
		other countries. Tax hikes also promise to be unpopular among the 
		country's 82 million people, a third of whom live in dire poverty, and 
		the Iraq withdrawal has raised doubts over Arroyo's ability to make 
		decisions that run against popular opinion.  
		
		
		The initial reaction to
		
		Ms. Arroyo's address by one senator suggested she had failed to win 
		over the doubters. "It reads like a mediocre term paper," administration 
		senator Joker Arroyo said in a statement. "Long in rhetoric, short in 
		substance. The president's advisers have failed her." Ms. Arroyo's 
		decision to withdraw from Iraq won her no respite from left-wing groups 
		strongly critical of her support for US policies and her failure to 
		eradicate poverty. "I don't think the people are about to give Gloria a 
		second chance," said Renato Reyes, one of the leaders of several 
		thousand protesters who set fire to a vulture-like effigy of Ms. Arroyo 
		near the Congress building. In her annual state-of-the-nation address 
		before both houses of Congress, Ms. Arroyo also called on legislators to 
		take up a possible shift from a US-style presidential system to a 
		parliamentary style of government starting next year.  
		'TOUGH LOVE FROM HERE ON'  
		She also said she would work to develop the impoverished nation and 
		spur economic growth, but warned that the country must "take bolder 
		steps forward," in her next six years in office. "Tough decisions will 
		have to be made. It is going to be tough love from here on," she said, 
		warning the upper-classes would feel the brunt of these reforms. "Our 
		most urgent problem is the budget deficit," Ms. Arroyo warned, saying 
		this could drive away investments, hurt job growth, and reduce the 
		government's ability to set up much-needed infrastructure. She thus 
		called on Congress to pass eight revenue measures. She also called for a 
		reduction of the bureaucracy, saying she would personally cut 30 
		agencies under the Office of the president. Ms. Arroyo received her 
		loudest applause from the legislators when she called for revising the 
		charter to allow for a parliamentary form of government.  
		Many legislators who favor this move say it will save time and money 
		in getting reforms enacted, make elected officials more accountable to 
		the public, and allow for more continuity in government. But critics 
		charge it is just a ploy for congressmen to entrench themselves in 
		power. In a conciliatory gesture to the opposition, Ms. Arroyo reached 
		out to the opposition, saying "I do not ask for unprincipled support. I 
		do ask for an end of unprincipled obstructionism because that always 
		succeeds in defeating our best efforts." Even before Ms. Arroyo 
		delivered her speech, her critics in Congress had already rejected her 
		new revenue measures. Senator Joker Arroyo remarked "in Congress, it is 
		hard enough for one tax measure to pass, much more eight." "I support 
		her but I will oppose these taxes. She can't expect us to be blind and 
		just agree to everything," said the senator, a nominal ally of the 
		president. Opposition Senate leader Aquilino Pimentel said, "her plan to 
		impose new taxes, we will fight against that." "We are telling them to 
		just collect what they need to collect with enforcement of existing 
		taxes," he stressed. About 3,000 leftist protesters tried to march on 
		the Lower House of Congress during Ms. Arroyo's speech but were pushed 
		back by club-wielding riot police. -- 
		Jeffrey O. Valisno with reports from Reuters and AFP  
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		... but remain wary of the mode of 
		Charter change
		
		'There were so many other issues that deserved a standing ovation. 
		But [lawmakers appeared to be] so eager on [charter change].' -- Jesus 
		L. Arranza, president of the Federation of Philippine Industries  
		Businessmen were upbeat yesterday following the president's
		
		state of the nation address, saying they were ready to support her 
		reform programs and share part of the burden. Jesus L. Arranza, 
		president of the Federation of Philippine Industries (FPI), said the 
		president came across as "sincere," adding that he agreed that 
		businesses should adopt a policy of "tax acceptance" rather than "tax 
		avoidance." "Sincerity is contagious. I hope it filters down to 
		businessmen, government officials, and the common tao [people]," he said 
		in an interview.  
		Philippine Chamber of Commerce and Industry (PCCI) chairman Sergio R. 
		Ortiz Luis, Jr. said the president's push for "government reengineering" 
		should encourage the private sector to support her initiatives. "I think 
		it's a good signal to businessmen in the sense that it's not only 
		business that is going to sacrifice, [and that] it's [going to be] 
		pain-sharing and burden-sharing," Mr. Ortiz Luis said. Raul T. 
		Concepcion, chairman of the Consumer and Oil Price Watch, likewise said 
		businessmen were more than willing to help. "Let's walk the talk and we 
		will do it," he said in a television interview. His twin brother, Jose 
		S. Concepcion, Jr., who heads the Bishops-Businessmen's Conference and 
		the National Movement for Free Elections, echoed this view and said 
		various sectors would respond to the president's call. "We will be 
		involved in the fight versus corruption because this is something big 
		for our economy. [But we need] small victories, not a confrontation with 
		Congress. We will also monitor [government projects] so the people will 
		know where their money is being spent," he said in a television 
		interview.  
		CAUTIOUS  
		On the issue of constitutional amendments, Mr. Ortiz Luis said he 
		hoped the extraordinary applause given by legislators would not 
		necessarily mean there would already be a shift in the form of 
		government through a constituent assembly of both houses of Congress. A 
		constituent assembly is widely perceived as serving the vested interests 
		of incumbent lawmakers in the House of Representatives since they would 
		be the ones forming the body that would amend the Charter -- possibly 
		including provisions that now limit their terms.  
		The Senate, on the other hand, is aligned with many other groups that 
		back an elected Constitutional Convention -- composed of popularly 
		elected individuals who are supposed provide the widest socioeconomic 
		representation. "It's the most applauded, but I guess she will have to 
		look at it from the view of the crowd she was addressing," the PCCI 
		chairman said. "Let us not preempt kung ano ang magiging [what 
		will be the] result. [There] should be an educated campaign and 
		consultations should be made before a conclusion is arrived at." Mr. 
		Arranza said he was "surprised" that lawmakers gave the president a 
		standing ovation on her charter change stance. "I don't know what signal 
		it will give. Is it because they are involved [in the process]? Will 
		their terms be extended? Will there be a change in the form of 
		government?" he asked. "There were so many other issues that deserved a 
		standing ovation. But [lawmakers appeared to be] so eager on [charter 
		change]," the FPI chief said.  
		Peter Wallace of the Wallace Business Forum said it was "important to 
		recognize that the problem is not in the system. It's in the culture and 
		the attitude." He added that a parliamentary form of government would 
		not necessarily cure government inefficiency and corruption. Applying 
		the same analysis to taxation, Mr. Wallace said it was "too simplistic 
		to change it because it doesn't work." Mr. Wallace pointed out the 
		Philippines "doesn't have a good record of putting in place new 
		systems." He said "full computerization" of the net income tax system, 
		and value-added tax transactions should do the trick.  
		Also, changing the tax scheme on telecommunications companies will 
		bring "uncertainty" to the markets and is "quite frightening." "I'm not 
		at all happy with that. That would be penalizing a business for being 
		successful," Mr. Wallace warned. Mr. Ortiz Luis nonetheless praised the 
		president for highlighting the need for more infrastructure. "Another 
		thing that I like as a businessman is the way she spent more time in 
		explaining the need to implement infrastructure programs. In previous 
		[addresses] infrastructure was relegated to the backburner because they 
		were treated as a frivolous expense. Now, she's saying it's a necessary 
		expense," he said. Echoing the president, Trade and Industry Secretary 
		Cesar A.V. Purisima said infrastructure projects would be "fast-tracked" 
		to make the country "a preferred [destination] for doing business." "The 
		department will focus in attracting foreign and domestic investments 
		which will bring in needed capital and technological expertise," he 
		said. Seven industries will be prioritized, the Cabinet official said: 
		manufacturing, information technology, medical tourism, retirement 
		services, tourism, mining, and agribusiness.  
		MARKET REACTION  
		Meanwhile, traders said four-year Treasury bonds could be cheaper 
		today at just a few points above 11% in reaction to the president's 
		address. Four-year T-bonds fetched a rate of 11.375% in June. They were 
		trading at 11.3422% at the secondary market yesterday. Debt yields 
		started to drop last week on news that the budget deficit target for the 
		year was attainable. "There was nothing new in her speech, but I think 
		she was serious in implementing her revenue-generating plans. That's 
		still good news for us," a bond trader said Another trader noted, "there 
		is a sense of urgency in her tone," as the president committed new taxes 
		for Congress to approve. "What will matter now is how she will deliver 
		such plans," a trader said.  
		At the stock market, analysts said the president's speech failed to 
		move stocks because its contents were already anticipated. "It was a 
		non-event. The contents of the president's speech were already 
		anticipated," the analyst said. At the same time, Ms. Arroyo's speech 
		drew mixed reactions from economists.  
		Bienvenido S. Oplas Jr. of private research group Think Tank Inc. 
		expressed satisfaction with the tax measures proposed by Ms. Arroyo, as 
		well as her plan to maintain a "lean but mean bureacracy." "OK na rin 
		-- the government is looking at reducing the bureaucracy," he said. But 
		he also expressed disappointment over the failure of Ms. Arroyo to 
		detail the eight tax measures she wanted Congress to approve. "The 
		president will surely be met with criticisms if she focused on the eight 
		tax measures. Issues like taxes are very divisive and politically 
		unaccetable," he said. On charter change, he said he favored the lifting 
		of restrictions on foreign ownership of businesses as well as those that 
		relate to the practice of certain professions by foreigners. But he also 
		said key areas of reform pledged by Ms. Arroyo were nothing new. "Those 
		are general programs that have been pledged by past presidents and even 
		losing presidential candidates such as Fernando Poe Jr. and Bro. Eddie 
		Villanueva," Mr. Oplas said.  
		University of Asia and the Pacific (UA&P) economist Erico Claudio was 
		more cautious. "As a social scientist, the SONA would be very 
		interesting. But as an economist, I'd like to see how [those programs] 
		would be done. There were a lot of good ideas, but at the end of the 
		day, do you have the resources to do them?" Mr. Claudio said. "They are 
		very nice to hear, but let's see how they will be done." He said that 
		having the political will to translate the government's plan into action 
		would be crucial. "The targets are good, but [the government] should be 
		focused in achieving them," he said. As for reengineering the 
		bureaucracy, he said the plan would not come easy. "Reengineering is 
		easier said than done. It would require a lot of changes and, in a 
		democratic institution, it's more difficult because you have all sorts 
		of interest groups, unlike in a private company," he said.  
		SILENCE ON THE PROVINCES  
		In Davao City in southern Mindanao, traders said the assurance of a 
		constitutional change in the president's speech provided optimism that a 
		federal system of government would get the attention of the legislature 
		in the near term. Top leaders of the Davao City Chamber of Commerce and 
		Industry, as well as the Mindanao Business Council, both lobbying for a 
		shift to a federal form of government, were unavailable for comment on 
		the president's speech, but small- to medium-scale entrepreneurs at the 
		city's Chinese-Filipino business community said it was good enough 
		despite no new statements that specifically addressed Mindanao's 
		problems. Obviously, the president was expecting the island's security 
		situation to improve with the peace process, said trader Bob Te. "But 
		the shift to a more decentralized form of government is something many 
		Mindanaoans want to happen in the medium term, and that she covered in 
		her speech," he added. Others, however, remained wary of the promises 
		and objectives of the president. "The speech was predictable, like her 
		previous addresses before Congress," said Nilo Cabiles, an automotive 
		parts trader. "I was waiting for statements specifically on Mindanao but 
		there were none." "Those were politicians' promises and they do not 
		apply to us," added Lucita Napala, an employee of a private company. "I 
		didn't waste my time watching her speech. I didn't vote for her, anyway, 
		in the last elections." -- Felipe F. 
		Salvosa II with reports from Ira P. Pedrasa, Roulee Jane 
		F. Calayag, Jennifer A. Ng and BusinessWorld's Mindanao bureau 
		 
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		By FELIPE F. SALVOSA II, Reporter
		
		First half exports from economic zones all over the country went up 
		by 19.4% to $15.334 billion from $12.838 billion in the same period last 
		year, data released by the Philippine Economic Zone Authority (PEZA) 
		yesterday showed. In a report, PEZA Director-General Lilia B. de Lima 
		said 36 privately owned special ecozones generated $11.944 billion in 
		exports, a 22.5% increase from last year's $9.750 billion. Service 
		exporters in fourteen information technology or IT buildings and parks 
		logged $85.225 million, a 52% jump over last year's $56.083 million.  
		Four government-run ecozones contributed $3.305 billion in exports, 
		9% higher than the $3.032 billion registered in 2003, the PEZA data 
		showed. Laguna Technopark in Sta. Rosa, Laguna, the consistent top 
		earner among the special ecozones, reported a 15.5% growth in exports at 
		$4.177 billion, up from $3.615 billion last year. Gateway Business Park 
		in General Trias, Cavite came in second with $2.254 billion, 369% higher 
		than last year's $480.537 million.  
		Rounding out the top ten were Amkor Technology ($1.086 billion, up 
		70%), Carmelray Industrial Park I ($494.196 million, up 49%), Lima 
		Technology Center ($397.476 million, up 65%), Carmelray Industrial Park 
		II ($351.554 million, down 82%), People's Technology Complex ($350.231 
		million, up 48%), Light Industry and Science Park II ($322.636 million, 
		up 47%), Light Industry and Science Park I ($312.889 million, up 36%), 
		and Leyte Industrial Development Estate ($312.305 million, up 109%).  
		Among the IT facilities, RCBC Plaza emerged as number one with 
		$25.441 million in revenues, up 163% over last year's $9.673 million. 
		Eastwood City Cyber Park raked in $21.131, down 17.5% from last year's 
		$25.611 million, followed by Pacific IT ($12.028, down 5%), PBCom Tower 
		($6.458 million, up 139.3%), and The Enterprise Center ($6.284 million). 
		Baguio City Economic Zone ranked first among the public ecozones, 
		reporting a 7.5% increase in exports to $1.398 billion from $1.3 billion 
		in January to June last year.  
		Cavite Economic Zone registered $988.426 million in exports, a 7% 
		increase, followed by Mactan Economic Zone ($759.767 million, up 7.6%), 
		and Bataan Economic Zone ($158.556 million, up 15.7%). Ms. de Lima said 
		the special ecozones directly employed 245,627 workers during the 
		period, up 18.9% from last year's 206,410. IT buildings and parks had 
		11,985 workers, almost 50% more than the 8,003 workers in the same 
		period in 2003. Public ecozones employed 4.4% more workers at 136,625 
		from 130,865 last year. If the estimated indirect employment for 591,355 
		workers is added, PEZA-registered business generated a total of 985,592 
		jobs from 863,195 last year for a 14% increase, she said. Indirect 
		employment includes employment generated by enterprises providing inputs 
		and services to economic zone export-producers and service exporters 
		such as subcontractors, brokers, cargo handlers and forwarders, canteens 
		and restaurants, banks, utilities, construction, and janitorial and 
		maintenance services. 
		 
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		By CARINA I. RONCESVALLES, 
		Reporter
		
		The 13th Congress yesterday opened its first session with the hope of 
		enacting measures aimed at addressing the country's financial problems. 
		"Our country is besieged with insurmountable problems. We have to set 
		policies and enact laws that would avert a looming fiscal crisis, set 
		the proper stage to create jobs, conquer poverty, eradicate graft and 
		achieve lasting peace," Senate President Franklin M. Drilon said in a 
		speech during the opening of the 13th Congress. He said the Executive 
		and Legislative branches of government need to buckle down to work 
		following the heated elections in May.  
		The country, the administration lawmaker said, is no longer in 
		"business as usual mode" and needs to go into "survival mode." "In the 
		economic front, a 6.2% economic growth in the first quarter of this year 
		is not sufficient. A fragile economy we remain today. The fiscal crisis 
		is at our doorsteps. With the consolidated public sector deficit (CPSD) 
		now standing at
		PhP235 billion, we should immediately find measures to narrow the 
		gap between government earning and spending," Mr. Drilon said. He also 
		said the Executive should explain the present revenue collection 
		efficiency before Congress enacts new tax measures, citing poor tax 
		collections with tax revenues representing only 12.3% of gross domestic 
		product (GDP) last year compared to 17% in 1997. "We must examine our 
		tax collection efficiency before we consider new tax measures. We must 
		determine whether a good portion of the revenues under our present laws 
		are indeed being collected. It is not acceptable to impose new taxes 
		especially on those who are already heavily burdened when there appears 
		to be so much revenue leakage and tax evasion going on," he said.  
		Other conditions that need to be met before the legislature enacts 
		new tax measures, he said, include the reenactment of the Bureau of 
		Internal Revenue (BIR) Lateral Attrition bill to provide rewards for 
		accomplishments and sanctions for failures; reexamination of the 
		spending priorities of the government; and streamlining of the 
		bureaucracy. President Gloria Macapagal Arroyo has announced several 
		measures which she wants passed by Congress: a shift to gross from net 
		income taxation for corporations and self-employed individuals; repeal 
		of the Value-Added Tax (VAT) law; collection of a tax on the windfall 
		income of telecommunications companies; an increase in taxes on tobacco 
		and alcohol products as well as petroleum products; limiting fiscal 
		incentives; a targeted tax amnesty; and the creation of a 
		performance-driven system for government agencies.  
		The tax proposals have earned criticism from business groups as well 
		as members of Congress. But Mrs. Arroyo insists the new taxes will save 
		the government from a looming fiscal crisis. Mr. Drilon also stressed 
		the need for fiscal responsibility to keep government borrowings at a 
		manageable level. "As a measure to instill fiscal responsibility, let us 
		consider putting a cap on government borrowings. It is rather appalling 
		that for every PhP100 of taxes collected, PhP40 will go to debt 
		servicing. Good sense tells us that the more we borrow, the more we 
		plunge into the debt pit," he said. Mr. Drilon has filed a debt cap bill 
		which provides a threshold level for public debt to assure that payments 
		do not affect expenditures for important social and physical 
		infrastructures. Once enacted into law, the Debt Cap Act mandates that 
		the CPSD -- the combined debts of the national government and the 
		government-owned and controlled corporations -- should not exceed the 
		nominal GDP in five years' time. It also mandates that the outstanding 
		debt not exceed 80% of GDP in the next five years. The budget deficit 
		reached
		PhP199.9 billion last year. The government hopes to keep it to
		PhP197.8 billion this year as it works for a balanced budget by 
		2009. 
		 
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		By IRIS CECILIA C. GONZALES, 
		Reporter
		
		Government regulators will ask Congress to restore to the interagency 
		Anti-Money Laundering Council (AMLC) the authority to freeze accounts 
		involving dirty money transactions. This was after the influential 
		Paris-based Financial Action Task Force (FATF) against money laundering 
		said restoring this power to the council would speed up the 
		investigation of suspected dirty money transactions. The Philippines 
		wants to be removed from the international roster of dirty money havens 
		maintained by the FATF. Money laundering, which is illegal in the 
		Philippines after Congress passed an anti-money laundering law in 2001, 
		is the traffic of funds from illegal activities such as drugs and 
		terrorism. Vicente S. Aquino, AMLC executive director, said yesterday 
		FATF's latest recommendation would require an amendment to the country's 
		anti-money laundering law which transferred the authority to freeze 
		accounts to the Court of Appeals.  
		The council will seek the support of the 13th Congress for the 
		necessary amendments. If AMLC were given the power to freeze bank 
		accounts, "we can freeze the account on the same day," Mr. Aquino told 
		reporters yesterday. In contrast, he said when the Court of Appeals 
		issues the freeze order, this goes through the judicial process and 
		could take time. On the other hand, if it is the council that issues the 
		freeze order, he said the AMLC may have to deal with restraining orders 
		issued by regional courts. But a Court of Appeals order to freeze 
		accounts can only be reversed by the Supreme Court. At present, the 
		Court of Appeals is looking at freezing various accounts amounting to
		PhP400 million, Mr. Aquino said. He declined to divulge details 
		on the process. The FATF also wants the council to focus its efforts on 
		monitoring cash transactions instead of non-cash transactions. The 
		Paris-based group said this would speed up the council's investigation 
		against money laundering. Mr. Aquino said the AMLC would also seek 
		Congressional support for this particular amendment. He assured that 
		government regulators are exerting all efforts to have the country 
		delisted from the FATF list.  
		Bangko Sentral Governor Rafael B. Buenaventura, who chairs the 
		council, said the Philippines is likely to stay in FATF list this year. 
		Council officials have said that if the country remains on the list, 
		dollar remittances of overseas Filipino workers, which amount to some $8 
		billion a year, would go through "heavier scrutiny." 
		 
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		By JENNEE GRACE U. RUBRICO, 
		Reporter
		
		The Securities and Exchange Commission (SEC) may relax provisions in 
		its proposed anti-money laundering rules to allow internet stock 
		trading, provided that a third party can vouch for the identity of the 
		buying or selling parties. SEC Director Jose Aquino told reporters 
		regulated institutions may open accounts or execute orders of clients 
		without first meeting them so long as someone else would meet with the 
		clients on their behalf. He said the corporate regulator may allow this 
		for brokers who engage in internet trading and whose clients are not in 
		Metro Manila.  
		Under the draft guidelines released by the SEC for the creation of 
		anti-money laundering manuals by institutions that are covered by the 
		dirty money law and are regulated by the commission, the opening of new 
		accounts for clients without face-to-face contact is prohibited. 
		Regulated intermediaries are required to do a company search before 
		establishing business ties with firms to ensure that these have not 
		been, or are not, in the process of being dissolved, struck off, wound 
		up or terminated. If significant changes to the company structure or 
		ownership occur, or suspicions arise as a result of a change in the 
		payment profile of a company, regulated intermediaries are required to 
		make further checks in the identities of the owners, SEC said. "How can 
		you execute the order of clients if they are trading with you by way of 
		internet? We are making possible transactions without face-to-face 
		[meetings] on the part of the broker provided that the face-to-face 
		meeting will still be done by a bank. It [transaction] will be coursed 
		through the bank," Mr. Aquino said. For transactions that would involve 
		clients that are outside the country, Mr. Aquino said "special 
		arrangements" will be made. He said the guidelines allow for special 
		arrangements provided that these meet certain conditions. If a broker 
		asks for an arrangement wherein a bank or any other third party will 
		conduct an inquiry and fill out the customer account information form on 
		behalf of the broker, this will have to be approved by the commission, 
		he said. If the commission finds out that the arrangement is abused, or 
		if the third party simply certified the customer account information 
		form without really conducting the inquiry, the SEC will cancel the 
		special arrangement, Mr. Aquino said. "If it will be discovered later on 
		that a bank of another region outside of Metro Manila only gave the 
		certification without asking the questions, we can disallow the 
		arrangement," he said. He said relaxing the draft guidelines would "make 
		the brokers happy, especially those with internet facilities." He also 
		said the SEC may also allow other brokers that do not engage in internet 
		trading to avail of the facility "as long as it is done properly."  
		SEC is one of three government agencies comprising the Anti-Money 
		Laundering Council, the body tasked to implement the anti-money 
		laundering law. Among the institutions covered by the anti-money 
		laundering law and regulated by the corporate watchdog are securities 
		brokers, investment houses, common trust fund companies, and pre-need 
		companies. Last month, the SEC released draft guidelines on the 
		preparation of the anti-money laundering manuals of institutions that 
		are covered by the law and are regulated by the commission. The new 
		guidelines would incorporate amendments in the Anti-Money Laundering 
		Law, international best practices and related provisions in Securities 
		Regulation Code for brokers. Mr. Aquino said only the provision on 
		face-to-face meetings with clients was questioned by the institutions 
		that are covered by the law and are regulated by the SEC. Besides 
		requiring face-to-face meetings with clients, the draft guidelines also 
		require these institutions to establish, document, and maintain a 
		written customer identification program as part of their anti-money 
		laundering compliance program.  
		For shell companies, the guidelines provide that regulated 
		intermediaries should obtain a board of directors' certification that 
		would detail the purpose of the owners in acquiring the company. 
		Regulated intermediaries are also required to check if the applicant for 
		business relationship is acting on behalf of another person as trustee, 
		nominee or agent. If the intermediary believes that the trustee, nominee 
		or agent is being used as a dummy, it is required to make further 
		inquiries to verify the status of the business relationship between 
		parties, SEC said. For transactions undertaken on behalf of non-account 
		holders, and where the transaction involves significant amounts, 
		customers should be asked to produce "positive evidence of identity 
		including nationality... the purposes of transaction, and the sources of 
		funds."  
		The draft guidelines also require the designation of at least two 
		persons for the safekeeping of all records. It also mandates regulated 
		intermediaries to report before the council transactions in cash or 
		other equivalent monetary instrument which are over P500,000 within one 
		banking day. This is following amendments in the law on the threshold 
		amount for reporting transactions, which used to be
		PhP400,000. The firms are also required to file a suspicious 
		transaction report before the council, regardless of the amount of 
		transaction, if there is no underlying legal or trade obligation, 
		purpose or economic justification; the client is not properly 
		identified; the amount involved is not commensurate with the business or 
		financial capacity of the client; the client's transaction is structured 
		to avoid being the subject of reporting requirements; circumstances 
		relating to the transaction deviate from the profile of the client or 
		its past transactions; or if the transaction is related to unlawful 
		activities. The guidelines also require institutions regulated by SEC to 
		have internal controls and procedures for preventing and impeding money 
		laundering. It adds that regulated intermediaries should provide 
		education and training for all its staff and personnel. 
		 
		   | 
	 
 
  
	
		
		
		But utility says debts, refund 
		continue to be a burden 
		
		
		By BENNET S. STO. DOMINGO, Reporter 
		
		Lopez-led Manila Electric Co. (Meralco) yesterday said it posted a 
		net income of
		PhP1.4 billion for the first half, more than double the year-ago 
		period's
		PhP66.092 million on better sales. Still, the company said it 
		continues to be burdened by huge debt obligations and an ongoing refund 
		to customers. "At its face value the reported net income of PhP1.4 
		billion is a pittance compared to our financial obligations. This also 
		includes the heavy burden the ongoing refund has on our financial 
		position," said Meralco Vice-President for corporate communication Elpi 
		O. Cuna, Jr. Estimated cash outlay for customer refunds for the last six 
		months is at
		PhP2.4 billion and about
		PhP4.7 billion in 2005, Meralco said.  
		The firm said it is finalizing a refinancing plan that will help it 
		manage its debt obligations for the next two years which stand at
		PhP24.2 billion as of June 30. Around
		PhP8.7 billion of this amount is due in the second half, 
		including short-term debt amounting to
		PhP4.8 billion, Meralco said. Mr. Cuna said the firm is expected 
		to spend around
		PhP5.75 billion for its capital expenditure for 2004. "Our 
		capital expenditure program is of primordial importance since this will 
		ensure that our company will be able to provide the level of service 
		expected by our customers," Mr. Cuna said.  
		During the 1994-2002 period, Meralco invested
		PhP60 billion in plant and equipment to keep up with the growth 
		in customers and demand. Net income for the same period of about
		PhP29 billion, however, was "wiped out" by the retroactive rate 
		rollback ordered by the Supreme Court, the firm said. The first-half 
		profit increase is attributed to a 3.8% rise in sales volume, the firm 
		said in a statement. It added the amount represents an annualized return 
		on rate base of 6.9% after tax. During the first semester, Meralco said 
		the commercial sector posted the highest growth rate at 5% over the same 
		period last year, logging 4,226.98 million kilowatt-hour (kWh) followed 
		by the residential class with 4,369.58 million kWh for a 4% growth. The 
		industrial sector showed a 2.3% growth at 3,360.87 million kWh. 
		Streetlights, however, dipped to 5.8% at 69.13 million kWh, Meralco 
		said.  
		   | 
	 
 
  
	
		| 
		
		 Oil giant Petron Corp. registered a net income of
		PhP1.36 billion in the first half, up 6% from
		PhP1.28 billion during the same period last year, officials 
		yesterday said. The firm also reported that total revenues reached
		PhP66.1 billion in the six months to June, up 19.5% from
		PhP55.32 billion in the year-ago period. President Khalid D. Al-Faddagh 
		said Petron saw profits of
		PhP3.1 billion in 2003, a 7% increase from
		PhP2.9 billion in 2002. The firm attributed the increase to 
		efficient operations and initiatives to generate additional revenue 
		streams. This year, Petron is targeting a net income of
		PhP3.1 billion to
		PhP3.3 billion, Mr. Al-Faddagh said. "Considering that results 
		for the first half of the year showed an upward trend, we believe our 
		initiatives will reap benefits. We are hopeful that our initiatives will 
		continue to support a favorable trend in our finances for the rest of 
		the year," he said.  
		Petron said first-half earnings reflect an increase in year-to-date 
		total sales volumes of 2.3% to 25.8 million barrels. Domestic sales also 
		rose 14.3% to nearly 24 million barrels. Export fell to 1.9 million 
		barrels from 4.2 million barrels last year due to the volumes diverted 
		for local consumption. As of June, state-owned National Power Corp. and 
		industrial sales volumes increased by 20% to 27%, respectively, Petron 
		said. The firm, however, said net income fell for the second quarter to
		PhP572 million from
		PhP836 million compared to last year due to a routinary shutdown 
		of its refinery in March and May. Mr. Al-Faddagh said the shutdown 
		resulted in a decrease in Petron's average crude run to 100,000 barrels 
		a day from 125,000 barrels last year. The firm also reported an increase 
		of 37.4% in market share compared to 33.8% in 2003.  
		Chairman and Chief Executive Nicasio I. Alcantara said the decision 
		of rival Caltex Philippines, Inc. to shut down its refinery in October 
		was a boon to Petron. "We took away 2% to 3% market share from Caltex." 
		Petron is also mulling to build 200 additional stations nationwide over 
		the next five years and put up additional company-owned and -operated 
		service stations in strategic locations. The firm said it has allotted
		PhP1.3 billion out of
		PhP1.8 billion in capital expenditure for major projects such as 
		refinery upgrade and new service stations. -- Bennet 
		S. Sto. Domingo 
		   | 
	 
 
  
	
		| 
		
		 Lopez-led Bayan Telecommunications, Inc. (BayanTel) said the 
		completion of its debt restructuring agreement with creditors would help 
		the company to build shareholder value and eventually allow it to go 
		public. "We can clearly look at that option now. We look forward to 
		addressing that challenge once the restructuring is behind us," chief 
		consultant, Tunde Fafunwa, said. BayanTel is required to go public under 
		its telecom franchise. Mr. Fafunwa said there will be no conflict when 
		BayanTel lists its shares even if majority of these is held by the Lopez 
		Group since it is not a subsidiary of Benpres Holdings Corp. He added 
		that because of its debt problems, BayanTel needs to build an image that 
		would be attractive to investors. "We have to create equity value for 
		our shareholders. The market as a whole do not understand the quality 
		and success that BayanTel has had," Mr. Fafunwa said.  
		A Pasig regional trial court last month approved the restructuring of 
		$325 million in BayanTel debt, payable in 19 years. Under the plan, all 
		creditors will be treated on equal footing. The court said debts which 
		would not be covered by BayanTel's restructuring plan should be 
		converted into "an appropriate financial instrument that shall not be a 
		financial burden" to the firm. In the past three and a half years, 
		BayanTel managed to sustain its operations solely through internally 
		generated cash. Following the court's approval of its restructuring 
		plan, BayanTel said it is targetting
		PhP5.7 billion in full-year revenue on the growth of its voice 
		and data business. In the first half, BayanTel revenues hit
		PhP2.66 billion, 7% higher than the
		PhP2.47 billion it posted for the same period last year. BayanTel 
		also said earnings before interest, taxes, depreciation and amortization 
		rose 18% to
		PhP931 million, as against
		PhP787 million from January to June 2003. -- 
		Anna Barbara L. Lorenzo  
		   | 
	 
 
  
	
		| 
		
		 After a series of defaults, the government has started paying on time 
		the maintenance fees for the Metro Rail Transit III (MRT). The 
		Department of Transportation and Communication has paid Japanese 
		creditor Sumitomo Corp. a total of $4.3 million over the last three 
		weeks, following the provisions of their restructuring agreement. 
		Payment totaling $2.6 million was turned over on July 8 and another $1.7 
		million was given on July 16. Both amounts were both for unpaid 
		maintenance rental fees. Another installment is due on July 31 and local 
		credit rating agency, Philippine Ratings Services Corp. (PhilRatings), 
		said it will closely watch whether government could consistently meet 
		its obligations to Sumitomo. "PhilRatings shall closely monitor possible 
		sources of payment for these installments, as well as the status of 
		obtaining the consent and waiver of project lenders to the RRFA 
		[Restructuring, Repayment and Forebearance Agreement] which had been 
		extended from the original deadline of June 2, 2004 to July 31," said 
		the local affiliate of Standard & Poor's. "Implementation of a possible 
		rate hike for the MRT in the short term and developments on negotiations 
		for other payables [that is, unpaid collection amount and unpaid 
		value-added tax] as provided for in the RRFA likewise bear close watch," 
		PhilRatings added.  
		On June 2, the government failed to pay some $4 million it owed the 
		Japanese contractor. The lapse resulted in the downgrade of MRT III's 
		asset-backed securities to PRS A rating from PRS Aa rating. The failure 
		to remit, PhilRatings noted, demonstrated the government's inability to 
		meet payment deadlines it had committed itself to. The June 2 deadline 
		was thereafter extended to July 31. As of June 17, the Bank of New York 
		said a total of $13.3 million is available in the collection, reserve 
		and liquidity accounts that can cover coupon payment on the notes due on 
		Aug. 7, Feb. 2005, Aug. 2005, Feb. 2006 and a portion of the payment due 
		in Aug. 2006. -- Cecille M. Santillan-Visto 
		 
		   | 
	 
 
  
	
		| 
		
		 CEBU CITY in Central Visayas -- TMX Phils., Inc., maker of Timex 
		watches, will invest $10 million in the construction of a distribution 
		center at the Mactan economic zone next year. TMX President and General 
		Manager Robert Oliver said the distribution center will cater to buyers 
		worldwide. At present, the US serves as the company's mayor distribution 
		point. "This [new distribution center] will enable us to go directly to 
		our customers worldwide," he said in a press conference yesterday. With 
		the expansion, Mr. Oliver said they will hire an additional 200 workers. 
		TMX is currently one of the biggest employers at the zone. "This is an 
		additional big operation for the company here in Cebu. It will be a 
		state-of-the-art technology which will be capable of global 
		distribution," he said. He said the company chose to establish the 
		distribution center in Cebu because of the support of the Philippine 
		Economic Zone Authority and the available infrastructure at the zone.
		 
		With the added investment, Mr. Oliver urged the Bureau of Customs to 
		implement fully automated operations in order to fast-track transactions 
		with export-import companies. TMX Phils., an affiliate of TIMEX Corp. in 
		Connecticut, is a pioneer at the Mactan ecozone. It set up a watch 
		manufacturing plant at the zone in 1979. From mere assembly of 
		mechanical watches, TMX Phils. expanded to assembly of quartz and 
		digital watches as well as the manufacture of watch dial, lenses, cases 
		and other components. -- Jun P. Tagalog 
		 
		   | 
	 
 
  
	
		
		
		
		By ROULEE JANE F. CALAYAG
		
		Stocks closed weaker yesterday, following slight gains during the 
		last three sessions. From an optimistic outlook over the weekend, the 
		Philippine Stock Exchange composite index (Phisix) languished by 15.96 
		points to 1,543.26. President Gloria Macapagal Arroyo's two pre-SONA 
		speeches last week had given the market a glimpse of what she would 
		actually talk about. The
		
		State of the Nation Address (SONA), delivered by the President in 
		Congress at 4 p.m. yesterday, seems to have been discounted especially 
		as investors tried to discern her administration's stand on the proposed 
		additional taxes. The proposals are heralded as effective measures to 
		increase revenues and wipe out the public sector debt when Mrs. Arroyo's 
		term ends in 2010. But some investors were reportedly cold to the 
		proposals, opting instead for renewed and intensified revenue collection 
		measures.  
		ROW WITH GSIS  
		Worry over these proposed taxes exacerbated an already tense 
		situation at the Philippine Stock Exchange (PSE) which is currently 
		embroiled in a dispute with the Government Service Insurance System (GSIS) 
		over its intention to return its 9.1% stake at the bourse. Irving I. 
		Ackerman, president of I. Ackerman and Co., Inc., said the investing 
		public was jittery over the situation at the bourse as shown by the 
		trading volume that has been thinning for months. "This shows that 
		people are worried over what is happening at the exchange and the whole 
		situation in general," he said. Trading was unimpressive as the market 
		slid more than twice its 6.43 gain on Friday. Value turnover was also 
		slightly lower than last week's close at
		PhP333 million. The market's weak performance was also due to 
		additional net foreign selling at PhP32 million, Mr. Ackerman said. 
		"Although not disastrous, [yesterday] was another weak trading day. The 
		continued selling situation is a little difficult," remarked Mr. 
		Ackerman, while expressing optimism that the situation would improve 
		shortly. "By next week, we hope that certain moves that are being 
		planned would materialize properly to help the exchange get back on an 
		even keel," he added. But he refused to share details as these may 
		affect the market. "The volume of trading is extremely low due to the 
		problems that the exchange is undergoing. Perhaps things will change in 
		three to four days with the new moves," said Mr. Ackerman.  
		THREE FACTORS  
		Jose Vistan, Jr., research head of AB Capital Securities, Inc., said 
		that the market's weakness was due to three factors. "The weakness in 
		major markets abroad affected us," said Mr. Vistan, noting that the 
		local bourse could not be isolated from the effects of the performance 
		of leading exchanges overseas. Wall Street prices dropped on Friday as 
		rising oil prices fuelled concerns taht dampened global market 
		sentiment. An adjustment in earnings expectations was the other culprit 
		for the weakness experienced by the Philippine market. "Fund managers 
		are lightening their loads on equities to adjust expectations on 
		earnings. Disappointed by the first-half reports of some companies, they 
		are making adjustments in their outlooks which were too optimistic," he 
		added. Single-digit growths reported by some companies have dashed grand 
		hopes of double-digit earnings growth.  
		Listed firm Petron Corp. reported yesterday a 6% year-on-year 
		increase in its net profit which was at
		PhP1.36 billion for the first half. Its revenue was up 19.5% 
		year-on-year at PhP66.1 billion. The first-half net profit of Manila 
		Electric Co. (Meralco) was also weak at PhP1.4 billion, or higher by 
		only by 3.8% over the yearago level. The power firm said it has PhP8.7 
		billion debts that will fall due in the second semester. Its capital 
		expenditure for the whole year is at PhP5.75 billion. Metropolitan Bank 
		and Trust Co. was the only one among those that submitted early reports 
		that managed to post a double-digit growth. Its net profit for the first 
		half was PhP1.73 billion, up 10.56% year-on-year. Expectations of 
		continued technical corrections in the short term likewise accounted for 
		the decline in the Phisix. "The market has not yet made a great 
		correction since its significant rallies in May last year and April," 
		said Mr. Vistan. He added that this is basically due to lack of positive 
		leads to steer the market to new highs.  
		INDICES  
		Reversing an earlier trend, oil and mining indices managed to reclaim 
		lost ground. Oil was up 0.07 at 1.48 and mining inched up 5.86 at 
		1,610.30. Commercial-industrial slid 13.36 to 2,444.73, followed by 
		banks and financial services which declined 10.75 to 454.94. Less than 
		2,000 trades, involving 414.8 million shares worth
		PhP313.6 billion, were held. Decliners beat advancers, 39-22 
		while 40 issues kept to their previous levels. Philippine Long Distance 
		Telephone Co. was the most actively traded, accounting for 21.89% of 
		total turnover. It stayed strong at PhP1,210 on 56,980 shares valued at 
		PhP68.6 million.  
		POWER  
		Meanwhile, the President rallied a number of causes during her SONA. 
		She promised to focus on job creation and economic growth while 
		intensifying the drive against corruption. Mrs. Arroyo also showed a 
		strong resolve when she stressed the need to pass the eight tax measures 
		expected to raise PhP80 billion, in order to plug the budget deficit 
		which she described as a "most urgent problem." She said power plants 
		and transmission lines will get top priority. Her administration will 
		push for the downsizing of the government. And she asked Congress to 
		reconsider a Constitutional change next year. While these measures all 
		promise a continuity of reforms, the market's reaction to them has yet 
		to be seen. 
		 
		   | 
	 
 
  
	
		| 
		
		
		 President Gloria Macapagal-Arroyo will deliver this afternoon her 
		first State of the Nation Address (SONA) as the 14th 
		President of the Republic before the joint session of the 13th 
		Congress. Based on the theme "A New Direction: Putting People First in 
		an Era of Change and National Renewal", Presidential Spokesman Ignacio 
		R. Bunye said the President would ask Congress to craft laws that would 
		focus on five key points. These will be new measures for job creation 
		and economic growth, the government's anti-corruption campaign, social 
		justice and basic needs, education improvement and youth opportunity, 
		and energy independence and savings.  
		Since the President has already discussed education as well as the 
		economic aspects of her agenda in her two "pre-SONA" speeches last week, 
		Mr. Bunye said Ms. Arroyo would likely discuss in greater detail, the 
		three other components in her speech, which is expected to last for 40 
		minutes. However, the spokesman did not discount the possibility that 
		the President could pull out some surprises in her SONA speech, her 
		third since she assumed the Presidency in 2001 following the ouster of 
		former President Joseph E. Estrada. Mr. Bunye said the President's 
		speech was "a work in progress." As such, no one could really be sure 
		what the final draft of the speech would be. "As is her habit, our 
		President personally is continually reviewing and revising the draft of 
		the speech based on the inputs of her Cabinet and advisers," Mr. Bunye 
		said in a radio interview. "It is safe to say, however, that the SONA 
		will be very comprehensive as it will cover all six years of her new 
		term, unlike her previous ones which had time frames of one year."  
		The President earlier bared her plans to ask Congress to make 
		pre-school mandatory in the education ladder instead of requiring 
		another year in the current 10-year public elementary and high school 
		curricula. Last Thursday, the President discussed her economic plans, 
		which included pushing for eight tax bills, before business leaders in 
		Makati City. After the SONA, Mr. Bunye said the President would continue 
		to explain her programs to the Legislative-Executive Development 
		Advisory Council (LEDAC), and also to people in town meetings or pulong 
		bayans. And while new tax proposals will be the economic focal point of 
		SONA, Congress will pass on to the Department of Finance (DoF) the 
		burden of explaining the need for new tax laws even if collection is 
		dismal. Senate Committee on Ways and Means Chairman Ralph G. Recto said 
		that while much has been said about the new tax laws the Executive would 
		want Congress to pass, only general statements have been made so far. 
		"The next Congress will have to hear these proposals of the Executive, 
		especially when they give the exact proposals. I have an open mind with 
		regards to the tax proposals but more importantly, the Executive must be 
		able to explain to Congress why there is a need for new tax measures," 
		Mr. Recto told BusinessWorld.  
		The administration lawmaker, who also expressed confidence that he 
		would remain as the head of the committee that handled tax measures, 
		noted that revenue-collecting agencies should detail how much they have 
		been collecting through existing tax laws. "They have to explain to us 
		how effective they are today in collecting existing taxes. What is their 
		optimum administrative effectiveness -- are they collecting 50% or 80% 
		of potential? If they are hitting a benchmark of 75% or 80% of 
		potential, maybe there is a need for new tax measures. But if they are 
		collecting only 50%, it does not sound right that we impose new tax 
		measures," Mr. Recto said. The lawmaker also said DoF, along with the 
		Bureau of Internal Revenue (BIR) and the Bureau of Customs (BoC), should 
		explain how much revenues could be collected if Congress were to pass 
		the eight new tax measures that the Executive has proposed. He added 
		that DoF should specify the sectors that would be affected by additional 
		taxes.  
		Ms. Arroyo's tax wish list covers:  
		
			- the shift to gross from net income taxation for corporations and 
			self-employed individuals; 
			
 
			- the repeal of the Value-Added Tax (VAT) law; 
			
 
			- collection of a tax on the windfall income of telecommunications 
			companies; 
			
 
			- an increase in taxes on tobacco, alcohol and petroleum products; 
			
 
			- limiting fiscal incentives; 
			
 
			- a targeted tax amnesty; and 
			
 
			- the creation of a performance-driven system for government 
			agencies.
 
		 
		While these proposals have reaped criticisms from business groups and 
		from members of Congress, Ms. Arroyo noted that new taxes would save the 
		government from a looming fiscal crisis since they could yield over
		
		PhP80 billion in additional revenues annually and
		
		PhP100 billion in savings.  
		ROUGH SAILING AHEAD  
		Mr. Recto, however, said DoF still has a lot of work to do in 
		defining the new tax proposals. "There have been no specific proposals 
		really, with the exception of the 'sin' taxes, more or less we know what 
		the Executive and the Department of Finance wants. They have not 
		submitted a proposed bill. They also have very vague proposal on gross 
		income taxation," he said. Mr. Recto added that the most unclear measure 
		was the proposed shift from value added tax to sales tax, while the 
		proposals for tax amnesty and rationalized fiscal incentives lacked 
		specifics. "These are all general statements and general areas of the 
		economy where they intend to get these new taxes from. We are yet to see 
		their specific proposals," Mr. Recto said.  
		For his part, Senate President Pro-Tempore Juan M. Flavier said 
		Congress could no longer escape the reality that the fiscal position of 
		the government remained volatile, hence, the need to step up tax 
		collection and at the same time enact new tax laws. "The State of the 
		Nation Address really involves a listing of the legislative thrust of 
		the President for us to act on. It is my impression that majority of 
		these are tax laws because we seem to be in a stage when we are now 
		going to bite the bullet in terms of our financial deficit," Mr. Flavier 
		said in a separate interview. He noted that while all the tax proposals 
		earlier announced by DoF looked feasible, Congress would still 
		scrutinize all measures.  
		Administration Senator Joker P. Arroyo, meanwhile, said it was 
		"sneaky" for the Chief Executive to focus on new tax proposals in her 
		first SONA after the May 10 elections since she did not mention any new 
		taxes during the campaign period. "We are hearing them for the first 
		time. The President cannot claim that her election is an endorsement of 
		her tax proposals," Mr. Arroyo said in a statement. "She assured us 
		during the campaign that she was doing very well as President, and that 
		she deserved a renewed mandate for another term so she could build on 
		the gains and successes of her first term. Now she sings a different 
		tune: times are bad so we have to bite the bullet," he noted.  
		Acting Senate Minority Leader Aquilino Q. Pimentel Jr., for his part, 
		said rather than asking Congress to pass new tax laws, Ms. Arroyo should 
		lead a stronger campaign against tax cheats and influence peddlers who 
		have robbed the government of much-needed revenues. "We are going to 
		listen to what the President has to say. But as a general position, we 
		will oppose all intention to impose taxes that will impose additional 
		burden to the people," Mr. Pimentel said in a telephone interview. 
		"There is no need to impose additional taxes to create revenues. It is 
		better for the President to embark on a more determined campaign to 
		collect the right taxes. We would like to suggest that instead of 
		imposing new taxes, we should first collect the right revenues using the 
		existing laws," he added. Mr. Pimentel also cited a recent DoF study 
		which showed that the government has failed to collect 72.7% of 
		individual income taxes, 39.8% of corporate income taxes, and 49.4% of 
		VAT annually.  
		Opposition Senator Sergio R. Osmeña III said new taxes would face 
		rough-sailing in Congress, which would balance the government's need for 
		additional revenues and the public's objection to additional burden. "We 
		have to examine the proposals and object to those that are unfair and 
		unreasonable," Mr. Osmena toldBusinessWorld. He also expressed 
		objection to the proposed tax amnesty, gross income taxation, shift from 
		VAT to sales tax, and tax on the windfall income of telecommunications 
		companies. "Gross income taxation will make matters worse. The 
		conversion of VAT to sales tax will have a cascading effect since the 
		[prices of] products will eventually rise. For the tax on 
		telecommunications companies, I am not too sure if they can support the 
		increase in taxes; maybe for those who are profitable, but not for those 
		that are losing money," Mr. Osmena said. "We have to see some 
		performance in increasing tax collection and imposing penalties to 
		delinquent tax payers. This should be the first priority. If we are 
		collecting the right taxes, why should we pass new tax laws?" he added.
		 
		Another opposition senator, Jose "Jinggoy" E. Estrada, also objected 
		to the plan to impose new taxes. He said Ms. Arroyo should spare the 
		poor from the new round of tax measures. Mr. Estrada also advised BIR to 
		tap the barangays in their revenue collection efforts. He noted that 
		barangay officials could identify business establishments and real 
		estate property owners not been paying the right taxes to the 
		government. "There is no need to impose new taxes on the poor Filipinos, 
		particularly the proposed tax on text messages, which will have an 
		effect on many citizens. The government should only collect all the 
		existing taxes," Mr. Estrada said.  
		ACHIEVEMENTS  
		Meanwhile, a report of the House Committee on Oversight has given 
		President Arroyo an 80% accomplishment rate on her 2003 SONA commitments 
		-- an improvement over her 63% and 67% accomplishment rates in 2001 and 
		2002. But while the report lauded the higher accomplishment rate during 
		Ms. Arroyo's third year in office, it also admitted that the "need" to 
		be elected as president this year could be her "most compelling driver" 
		to meet her 2004 SONA targets. The Committee on Oversight, which was 
		chaired by Albay (southern Luzon) Rep. Jose Clemente S. Salceda in the 
		previous Congress, noted "outstanding achievements" by the Arroyo 
		administration in the distribution of private and public lands and 
		ancestral domains, as well in the provision of housing units to workers. 
		Commitments in land distribution, housing and health -- as well as in 
		education, energy, defense and transportation -- were made in Ms. 
		Arroyo's 2001 SONA, which were carried up to the 2003 SONA.  
		The Department of Agrarian Reform was able to distribute 351,361 
		hectares of private agricultural lands or a 117% accomplishment over the 
		target of 300,000 hectares over three years. The Department of 
		Environment and Natural Resources was able to distribute 291,318 
		hectares of public lands, which translated to a 97.11% accomplishment 
		over the targeted 300,000 hectares over three years. The National 
		Commission on Indigenous Peoples, meanwhile, was able to distribute 23 
		certificate of ancestral domain titles and 44 certificate of ancestral 
		land titles, equivalent to 547,343.7 hectares of land benefiting 120,359 
		indigenous peoples. The commitment was to distribute 100 ancestral 
		domain titles or 300,000 hectares over three years.  
		In housing, 328,877 workers were able to avail of loans from the 
		Social Security System, the Government Service Insurance System, and 
		Home Development Mutual Fund or Pag-IBIG Fund. This was way over the 
		target of 240,000 workers over three years. The Arroyo administration 
		was also able to distribute housing units to 190,787 urban poor 
		households out of the target 210,000 households over three years. The 
		Committee also noted that cheap medicines were made available through 
		the GMA (Gamot na Mabisa at Abot Kaya) 50 program that was implemented 
		by the Department of Health. Forty-two essential drugs, imported from 
		India by the Philippine International Trading Corp., a unit of the 
		Department of Trade and Industry, were made available through DOH-retained 
		hospitals and 129 hospitals that had been devolved to local government 
		units. The Arroyo administration also enjoined the pharmaceuticals 
		industry to develop and sell cheap drugs. United Laboratories and Glaxo 
		Smith Klein, the Committee noted, have agreed to develop a line of 
		medicines that are priced 30% to 50% lower than similar medicines in the 
		market. Botika ng Barangay in around 1,700 barangays all over the 
		country, rolling stores of the National Food Authority, also sold 
		over-the-counter drugs and herbal medicines. Ms. Arroyo's SONA 
		commitment to health had been the reduction by half of the prices of 
		medicines frequently used by the poor.  
		... AND SHORTFALLS  
		The Committee, however, noted deficiencies in the SONA promise to 
		construct a schoolbuilding in every barangay. Only 964 schoolbuildings 
		were built out of the targeted 1,612 over three years, with only three 
		constructed during the 2003 SONA period, for a compliance rate of only 
		61%. The Arroyo administration also failed to reduce power rates, with 
		the purchased power adjustment still making up a substantial part of 
		consumers' electricity bills, combined with higher global prices of fuel 
		especially coal, the depreciation of the peso, and mounting debt of 
		state-run National Power Corporation. Modernization of the Armed Forces 
		of the Philippines and the Philippine National Police were also not 
		undertaken, principally because of budget constraints. Neither were the 
		envisioned additional rail systems built, and of the three of seven that 
		were targeted to be completed by 2004, only the LRT Line 2, which runs 
		from Santolan in Pasig to Legarda (eventually Recto in Manila) has been 
		completed.  
		In the area of legislation, the Committee noted that only one of 13 
		bills proposed by Ms. Arroyo in her 2002 SONA was passed into law. This 
		was the Securitization Act, which created the regulatory framework for 
		the sale of assets such as loans, mortgages, receivables, and other debt 
		instruments as new securities to raise capital. Bills that were at 
		various stages of deliberation in the previous Congress included the 
		anti-terrorism bill, the bill making farmland acceptable as collateral, 
		the bill creating a secondary housing mortgage market, the Personal 
		Equity Retirement Act, the Investment Company Act, amendments to the 
		Securities Regulation Code, the law on the shift to gross income 
		taxation, the bills creating the Department of Telecommunications and 
		Information Technology and the Department of Housing, the Transco 
		franchise bill, the bill imposing tariffs on rice importation, and the 
		bill allowing the Ombudsman to accept private prosecutors. Overall, the 
		Committee "finds that on the whole, the Arroyo administration has 
		consistently and substantially complied with its SONA commitments for 
		the past three years." Its analysis was based on 35 quantifiable 
		commitments in the 2001 SONA, 33 in the 2002 SONA, and 25 in the 2003 
		SONA. The Arroyo administration, the Committee said, accomplished 22 of 
		2001 SONA commitments, 21 the following SONA period, and 20 during the 
		third SONA period.  
		For 2004 and succeeding SONAs, the Committee recommended that funding 
		source for SONA commitments be identified, noting that the budget 
		deficit will be a constraint in spending. "The Committee finds that the 
		credibility and efficacy of future SONAs as an instrument of the state 
		for social, economic and other public policy will be determined if the 
		corresponding funding sources are simultaneously identified," it said. 
		-- Jeffrey O. Valisno, Carina I. Roncesvalles and Judy 
		T. Gulane  
		   | 
	 
 
  
	
		| 
		
		
		 State-run Development Bank of the Philippines (DBP) will soon operate 
		its electronic trading facility for the auction of the "receivables" of 
		small and medium enterprises (SME). "We want to make sure that it works 
		when we roll it out. We are not going to roll it out before it is ready. 
		The first trades will probably be end of July or August. But there are 
		some of the things we need to clearthat is outside of our control," said 
		DBP president and chief executive officer Simon R. Paterno. Aside from 
		issues with the Bureau of Internal Revenue (BIR), DBP is also getting 
		certification from the Securities and Exchange Commission as an 
		alternative trading system. DBP launched last month the Marketplace for 
		SME Receivables (M4SME-RP), which would serve as a clearinghouse where 
		electronic trade documents would be authenticated and digitally signed 
		as securities. Through this competitive auction process participated in 
		by qualified banks, SMEs can get the best price for their receivables, 
		aside from gaining faster access to credit.  
		SMEs usually encounter difficulties securing formal financing due to 
		lack of credit history and banking relationships, lack of familiarity 
		with financial products, and high cost of authenticating credit 
		information, among others. Also, financing of trade receivables usually 
		come in the form of short-term, secured, high interest-bearing bank 
		loans. With the M4SME-RP, big companies can lower the cost of money 
		borrowed to finance payments to suppliers.  
		In line with the program, DBP inked an agreement with San Miguel 
		Corporation (SMC), so it could participate in the M4SME-RP. SMETRIX and 
		Commerceworks will provide the software and the document hub services to 
		allow authentication of electronic documents under M4SME-RP. "There are 
		many SMEs dealing with SMC. We have the best starting entities. First 
		will be SMC, afterwards it will be ShoeMart, Inc. whic has agreed 
		already. However, this will not help all SMEs but only those that do 
		business with the 'big brothers'," Mr. Paterno said. Big brothers are 
		large companies included in the BIR's list of large taxpayers, with 
		highly favorable credit ratings from reputable credit ratings agency, 
		that agree to confirm authenticity of trade documents, and to pay the 
		invoice at maturity. He added, "This is an out-of-the-box solution to 
		SMEs. DBP can be better in SMEs lending. Looking at Metropolitan Bank 
		and Trust Co. and Bank of the Philippine Islands each having 10 times 
		the number of branches, we have to find an unusual way to help the SMEs."
		 
		DBP has presented the program to Nestlé Philippines, consumer 
		products giant Unilever, and Pilipinas Shell Petroleum Corp. Offering 
		the best source for working capital regardless of the payment term of 
		large company clients, M4SME-RP gives SMEs the lowest possible cost of 
		financing. "With the M4SME-RP's document authentication requirement, the 
		credit liability is transferred from SME to his large company client. 
		The SME is then freed from any liability in the repayment of the 
		financing. Through this facility, we are providing equal practical 
		access to financing for SMEs," Mr. Paterno said. 
		-- Ruby Anne M. Rubio   | 
	 
 
  
	
		| 
		
		 The Bangko Sentral ng Pilipinas (BSP) wants the
		
		13th Congress, which opens today, to support reforms needed to spur 
		the growth of the country's "weak" capital market. BSP Governor Rafael 
		B. Buenaventura warned that sectors such as real estate and banking, 
		among others, will remain underdeveloped as long as the capital market 
		remains underdeveloped. He also said dollar inflows to the Philippines, 
		whether foreign direct investment or portfolio investments, will remain 
		"puny" without a full-grown capital market. "The market needs to grow 
		from infancy to adolescence," he told a press briefing on Friday.  
		Among the economic reform bills the BSP is pushing for are the 
		Corporate Recovery Act, Personal Equity Retirement Act and the Revised 
		Investment Company Act. Mr. Buenaventura said he hopes legislators will 
		pass the proposed legislative measures within the next six months to 
		spur the capital market by next year. "It's a tall order but it has to 
		be done," he said. A weak domestic capital market, he said, will 
		continue to hinder the growth of other sectors. For instance, Mr. 
		Buenaventura said the real estate sector remains untapped because of the 
		lack of financing for end-users.  
		OTHER FUNDING SOURCES  
		Under a strong capital market environment, end-users in the property 
		market will have more access to financing rather than depend on the 
		banking system for their credit needs. "There is demand in real estate 
		but access to financing is lacking," he said. Mr. Buenaventura said that 
		at least 70 related industries including cement, tiles and bathroom 
		fixtures, and furniture will benefit once the real estate sector 
		recovers. Aside from the property market, the banking sector also 
		remains vulnerable. Mr. Buenaventura expressed concern that more than 
		90% of domestic credit is being channeled through the banking system 
		compared to only about 50% in other countries. "This makes the banks 
		vulnerable to downturns," he said.  
		A strong capital market will address this because the corporate 
		market and even individuals will have access to other means of financing 
		and reduce their dependence on banks. Mr. Buenaventura allayed banks' 
		fears that they would lose their market, saying banks will actually have 
		greater opportunity for profit with less risks. He also said dollar 
		inflows will grow once investors see the market develop. "These inflows 
		are puny because we don't have a strong capital market," he said, adding 
		that the Philippines is already lagging behind Malaysia and Thailand 
		which have investor-friendly markets. "It's where everyone is going," 
		Mr. Buenaventura said.  
		AD VALOREM TAX  
		As this developed, however, a member of the government's economic 
		team warned that the Macapagal-Arroyo administration is considering an 
		ad valorem tax on financial transactions, a move the official described 
		as counterproductive in the aim of developing the capital market. The 
		source said the Department of Finance is considering imposing the ad 
		valorem tax or value-based tax on financial transactions, particularly 
		electronic payments made through banks. "We are trying to remove, as 
		much as possible, friction costs to encourage the development of the 
		capital market," the official said. For one, he said, the move will go 
		against the aim of an earlier move by government to reform the 
		documentary stamp tax system.  
		Congress earlier approved a documentary stamp tax measure which 
		lowered the tax on stock transactions to PhP1 per
		PhP200 for primary issuances from PhP2 previously. It also raised 
		taxes to PhP1 per PhP200 for debt instruments from PhP0.30 previously. 
		Another government official said proposals to impose an ad valorem tax 
		is not included in President Gloria Macapagal-Arroyo's 10-point agenda 
		for her fresh six-year term. -- Iris Cecilia C. 
		Gonzales 
		 
		   | 
	 
 
  
	
		| 
		
		 The country's banking regulators should be given enough protection to 
		carry out their mandate more effectively, the International Monetary 
		Fund (IMF) said. In addition, the Washington-based Fund also said 
		regulators should have the power to write-down banks' assets to bring in 
		more capital and in the process encourage mergers. An IMF team was in 
		the country last month for a regular review of the government's economic 
		policies and targets.  
		Bangko Sentral ng Pilipinas (BSP) Governor Rafael B. Buenaventura 
		said one of the team's key recommendations was for the BSP to be given 
		protection from lawsuits. "The IMF said regulators should be given 
		appropriate protection so they can impose reforms," Mr. Buenaventura 
		told a press briefing on Friday. The 12th Congress failed to pass bills 
		seeking to amend the central bank charter. The changes seek to grant 
		immunity from lawsuits to central bank officials in the course of doing 
		their duties. Mr. Buenaventura said he hopes the
		
		13th Congress will pass the proposed amendments so that the BSP can 
		examine banks more thoroughly and in the process encourage more mergers 
		and consolidations. 
		 
		   | 
	 
 
  
	
		| 
		
		 A bill broadening the examination powers of the Commission on Audit (CoA) 
		over infrastructure projects has been filed in the Senate in a bid to 
		address the corruption issue. Senate Bill 1326, filed by administration 
		Sen. Ralph G. Recto, calls for a mandatory CoA audit of all 
		infrastructure projects. The measure aims to amend Republic Act 6957 
		which limits the examination powers of Commission to the final stage of 
		infrastructure projects. "At present, under the Implementing Rules and 
		Regulations of RA 6957, the audit is being done only in the collection 
		part and the project implementation," Mr. Recto said. "Our government 
		auditors come into play only after the project has been completed when 
		they are allowed to examine all the revenues and receipts pertaining to 
		such project," the legislator added.  
		Once the Senate Bill 1326 becomes a law, Mr. Recto said the CoA will 
		be allowed to examine the projects from the "approval of the contract, 
		procurement of materials, commencement of construction, operation of the 
		facility, and transfer of facility to the proper government agency or 
		local government unit." Proponents of the project will also be required 
		to hire private accountants and other professionals to examine 
		implementation as another safeguard against corruption. The CoA, 
		Department of Finance, National Economic Development Authority, and the 
		Department of Public works and Highways will promulgate the implementing 
		rules and regulations of the bill once it is passed by Congress and 
		signed into law. -- Carina I. Roncesvalles  
		   | 
	 
 
  
	
		| 
		
		 The National Transmission Corp. (Transco) will push for expansion 
		projects in the Visayas and Mindanao despite a planned cut in its 
		capital expenditures over the next six years. Transco President and 
		Chief Executive Alan T. Ortiz said the firm's board will this week be 
		asked to approve a new capex program for key projects. "We still have a 
		lot of expansion to do. That's why we have put forward a transmission 
		development plan asking for at least $1 billion in capex over the next 
		six years," Mr. Ortiz said.  
		Energy Secretary Vincent S. Perez, Jr., earlier said economic 
		managers have agreed to add $50 million to the proposed $450-million 
		Transco capex for the next six years. He said the 2004-2009 budget was 
		pegged anew at $500 million. The Department of Finance, Department of 
		Budget and Management and the National Economic and Development 
		Authority had proposed to cut Transco's outlay to $450 million from $1.2 
		billion. Mr. Ortiz earlier said if the cut pushes through, a number of 
		projects in the Visayas and Mindanao grids could be shelved, including 
		the Cebu-Negros-Panay (CNP) grid interconnection and uprating project. 
		"It is not our call. But if we are to decide, we'll ask for the full 
		amount. Since we are in an austerity program, we will have to comply. 
		The amount will have to be reduced somewhat but not too much, I hope," 
		Mr. Ortiz said. He said Transco has prepared a list of about nine 
		expansion projects that the firm wants to push through. "We are ready to 
		defend what we think are the essential projects that will allow us to 
		attain enhanced capability nationwide," Mr. Ortiz said. 
		 
		   | 
	 
 
	
		
		
		
		By IRIS CECILIA C. GONZALES, 
		Reporter
		
		The Bangko Sentral ng Pilipinas (BSP) is now on the final stages of a 
		plan to overhaul the rules governing banks' common trust funds to rid 
		the system of weaknesses that had led to bank failures. Banks are now 
		amenable to the proposed changes after two years of discussing the draft 
		rules with the central bank, a member of the Trust Officers Association 
		of the Philippines (TOAP) said over the weekend. BSP Assistant Governor 
		Nestor A. Espenilla said the central bank would issue the circular "very 
		soon."  
		Under the proposed changes, the BSP will require banks to focus on 
		unit investment trust funds (UITF) instead of common trust funds (CTF) 
		which pose more risks compared to unitized investment instruments. The 
		move is in line with global practice. It will also require banks to 
		explain more thoroughly to clients the advantages of a UITF and where 
		investments will be placed. The rules will require the banks to focus 
		their investments on high-grade debt papers such as government 
		securities and commercial papers. Investors have complained in the past 
		that there were some banks marketing the common trust funds as if these 
		were similar to time-deposit placements. CTFs, however, offer higher 
		yields but risks are borne by the clients. Mr. Espenilla said for UITFs, 
		banks will use the mark-to market system for valuation of the assets. 
		This means the use of net asset value serves as the basis for pricing 
		the investments on a daily basis instead of applying pre-determined or 
		fixed interest. He said the move is expected to attract more fund 
		managers and huge investors as the fund's valuation process is 
		market-driven, more transparent and the assets of the fund would be 
		monitored.  
		A banks' trust operation is supposedly an independent investment 
		function. In reality, however, trust funds are being mixed with funds 
		earmarked for lending. Some banks have also tapped their common trust 
		funds to finance their foreign exchange trading. BSP data show that the 
		banking system's trust departments have total resources of between
		PhP400 billion and PhP700 billion. For two years now, the central 
		bank has been trying to craft out new rules that would govern banks' 
		trust accounts but industry players have opposed some of the stricter 
		provisions. The BSP's move to reform the system followed a spate of 
		closures of financial institutions whose financial woes were tied to 
		problems faced by their own trust departments.  
		One trust officer said a change in the valuation of CTFs and its 
		eventual shift to becoming UITFs will require extensive educational 
		campaign for investors and the banks themselves. The officer said 
		initially, banks expect investors to show little interest for such 
		intruments because they always want to know exactly how much their money 
		will earn. Filipino investors are still very conservative and 
		fixed-income-oriented. They want to know how much their money will grow 
		in the fund, the officer said. "But eventually, people will learn. In 
		the long run, the move will attract more investors," the TOAP member 
		said. 
		 
		   | 
	 
 
  
	
		| 
		
		
		 The Philippine peso is expected to stay on solid ground today as 
		President Gloria Macapagal Arroyo delivers her State of the Nation 
		Address (SONA). After falling again to the PhP56 level on Friday, the 
		peso is expected to move sideways as traders mull "how the President 
		will put flesh in her 10-point agenda." A trader said that they would 
		wait for the central bank to support the peso during trading to put on 
		hold issues that affected its performance in recent days. Week on week, 
		the peso fell to 0.10% after the US dollar moved stronger against 
		regional currencies. This was after US Federal Reserve Chairman Alan 
		Greenspan reiterated that there is still room for more interest rate 
		hikes amid an upbeat economy. The better-than-expected fiscal report on 
		Tuesday allowed the peso to hold a four-centavo lead. Currency traders 
		said, however, that the dollar is stronger on positive investor feedback 
		for the US economic outlook.  
		The peso tracked the overall positive sentiment from the money 
		market. Traders were relieved when the government's budget deficit 
		reached
		PhP80.1 billion in the first half or higher than its 
		PhP79.6-billion target. They earlier expected the budget gap to reach 
		PhP85 billion. "The near-term resistance at PhP56.10 is at risk. A break 
		above the PhP56.10 levels could call for further tests towards the 
		PhP56.20-PhP56.25 level. Only a move below the PhP55.75 levels would put 
		the peso bulls at play again. Immediate support and resistance is seen 
		at PhP55.75 and PhP56.10, respectively," said Jonathan L. Ravelas, Banco 
		de Oro Universal Bank market strategist. As the President addresses the 
		nation today, the money market's attention will be on her revenue 
		enhancement plan and her take on the economic setup. "We hope that she 
		will finally convince [the market] that she's all business. We want to 
		hear how she will put flesh on her 10-point agenda which was earlier 
		viewed as overly ambitious. There was not much on capital market reform 
		but she might finetune her revenue generation plans, including the 
		proposed taxes which has generated negative reactions," said First Metro 
		Investment Corp. executive vice-president Roberto Juanchito T. Dispo. 
		Another trader said, however, that the SONA is a "non-event, a hype-up 
		extension of what we already know -- which are the proposed taxes."  
		In a meeting with businessmen on Thursday, the President asked for 
		their support for the proposed tax measures that include the shift to 
		gross from net income taxation, repeal of the Value-Added Tax law, 
		franchise tax on telecommunication companies, among others. "She has a 
		lot to prove but I think adding tax measures is not the solution. The 
		new taxes are just additional costs to consumers," another trader added. 
		-- Ira May Pedrasa 
		 
		   | 
	 
 
  
	
		
		
		
		By JENNEE GRACE U. RUBRICO, Senior 
		Reporter 
		
		The Securities and Exchange Commission (SEC) has prohibited state 
		insurer Government Service Insurance System (GSIS) from returning shares 
		in the Philippine Stock Exchange (PSE) unless it has the approval of the 
		bourse's stockholders. "But can they get the agreement of all the 
		stockholders? Pumasok na 'yon eh [The deal has already been 
		made]. It will be up to the stockholders," SEC Chairman Lilia R. 
		Bautista said in a press conference. PSE sold a 40% stake to non-brokers 
		in February as part of efforts to demutualize the stock exchange. GSIS 
		bought 9.1% out of the 40%.  
		Recently, GSIS wrote the PSE to ask if it could return the shares, 
		saying infighting among PSE board members hinders efforts at 
		strengthening the regulatory and policy-making framework of the stock 
		market. The state pension fund also threatened to pull out its other 
		investments in PSE, totaling PhP39 billion, saying if the issues at the 
		PSE "cannot be handled," it will "look somewhere else" for investment 
		opportunities. "Under the trust fund doctrine, once you have made an 
		investment, you cannot give it back unless the stockholders agree, and 
		unless there is something that prejudices you. In this case, nag-away 
		lang sila (they only fought). That's not sufficient. But if all the 
		stockholders agree, GSIS can do this," Ms. Bautista said.  
		In a statement, the SEC said the outstanding capital stock of a 
		corporation, including unpaid subscriptions, constitutes a trust fund 
		held by the corporation for the benefit of creditors which cannot be 
		returned to the stockholders. Quoting an opinion by lawyer Dionisio DT 
		Garciano, the statement said that the Corporation Code "does not confer 
		upon any stockholder the right to demand refund of investment" based on 
		"the general rule that subscription of capital stock of a corporation 
		constitutes a trust fund for the benefit of the creditors and no valid 
		agreement can be made by which a subscriber can be released therefrom." 
		"A contract of subscription is a contract among several subscribers. For 
		this reason, no one among the several subscribers can withdraw from the 
		contract without the consent of all the others and thereby diminish 
		without the universal consent, the common from which l have acquired 
		interest," the statement said. Ms. Bautista said the GSIS can only 
		exercise its right of appraisal if it had been "prejudiced" in its 
		investment.  
		The SEC said under the Corporation Code, a stockholder can only 
		demand payment of the fair value of his share on the following grounds: 
		if any amendment in the articles of incorporation would change or 
		restrict the rights of any stockholder, or class of shares, or would 
		authorize preferences which will be superior to those of outstanding 
		shares of any class, or would extend or shorten the term of the 
		corporate existence; in case of sale, lease, exchange, transfer, 
		mortgage, pledge, or other disposition of all or substantially all of 
		the corporate property and assets; and in case of merger or 
		consolidation. "The situation of the GSIS and PSE does not fall within 
		the above said enumerated instances. Thus, GSIS, although a stockholder, 
		cannot exercise its appraisal right," the SEC said.  
		On GSIS proposal to sell the shares to the PSE, Ms. Bautista said 
		this is not possible because it would defeat the purpose of selling the 
		40% stake to non-brokers in the first place -- to reduce the control of 
		brokers in the stock exchange. "This will in effect dilute the 40% stake 
		which should be held by non-brokers," she said. She said if the PSE buys 
		back the shares, the stock exchange will have more difficulty unloading 
		its shares to meet the requirements of the Securities Regulation Code. 
		"The PSE will have to unload another 50% instead of just another 40% if 
		it takes back the 9.1% stake of GSIS," she said. She added that a rule 
		on retained earnings may also prevent PSE from buying back the shares as 
		treasury shares. The SEC said the rules governing redeemable and 
		treasury shares provide that no corporation shall redeem, repurchase, or 
		reacquire its own outstanding shares or whatever class unless it has an 
		adequate amount of unrestricted retained earnings to pay for the cost of 
		the shares.  
		The rule, SEC said, can only be circumvented if the shares are 
		reacquired through redemption of redeemable shares of the corporation, 
		when the shares are reacquired to effect a decrease in the capital stock 
		of the corporation, when the assets of the corporation are liquidated 
		after its dissolution, and when the shares are reacquired by a close 
		corporation. "The PSE cannot merely repurchase the shares of stock 
		bought by the GSIS without the required unrestricted retained earnings 
		or the presence of the enumerated exceptions. In view of the foregoing, 
		it is therefore clear that the return of the shares of stock requires 
		the observance of the Corporation Code as well as the Rules governing 
		such act which the PSE may not be in the position to do," the SEC said. 
		It added that "the only reasonable and lawful way to dispose of the 
		shares of stock" is to offer these in the market. Ms. Bautista said that 
		GSIS can sell the stake to the market on a staggered basis, or at a 
		discount. SEC director Jose Aquino said since the GSIS already received 
		dividends from its shareholdings in PSE "the dividends should be taken 
		into consideration." Also, he said that GSIS is free to withdraw its
		PhP39-billion investment in the market for as long as share 
		prices are not adversely affected. "If they will unload to the market, 
		they [should] see to it also that they will not drop the other prices. 
		This will be to the disadvantage of other members. They [should] see to 
		it that interest of members is properly protected. [It does not mean 
		that] simply because [GSIS] is angry with PSE that it will have to sell 
		at a low, low price, which will be a disadvantage to the other members," 
		he said. 
 
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		By ROULEE JANE F. CALAYAG, 
		Reporter
		
		Market sentiment will take its cue from the State of the Nation (SONA) 
		address of President Gloria Macapagal Arroyo today. The SONA will either 
		stem out the selling spree in the past week and move up the market, or 
		continue to dampen the sentiment of investors, analysts said. Although 
		the SONA has been discounted in the market for at least a fortnight, 
		investors will be eagerly looking to Mrs. Arroyo's economic program, 
		especially after the government overshot its budget deficit target at
		PhP80.1 billion for the first semester. Her ability to marshal 
		her economic team to roll out a massive but effective set of measures to 
		boost the economy and reduce debts without sacrificing the lot of the 
		masses will be a strong indicator for investors to get into action, 
		analysts said. Any sign of weakness or the lack of political backbone to 
		get tough on economic reforms may cause investors to scurry to the 
		sidelines, they added.  
		BULLISH  
		Grace C. Cerdeña of 2tradeasia.com said trading will be bullish. "How 
		inflation could be contained is important," she said, noting that it 
		will serve as "moral suasion" from the President to buoy the economy. 
		The President last week sought the support of the business community for 
		what she described as "the most ambitious economic reform agenda in a 
		generation." Businessmen welcomed the reforms but asked Mrs. Arroyo to 
		ensure that these are fair and equitable. With Mrs. Arroyo's assurance 
		that her administration will focus on the needed reforms, the stock 
		market should be moving up, particularly "if the selling stigma of the 
		past seven days is abated," Ms. Cerdeña said. "Bargain hunters may take 
		this opportunity to buy blue chip stocks," she said, adding that the 
		market seems unfazed by the threat of state insurer Government Service 
		Insurance System (GSIS) to withdraw its
		PhP39-billion investments in the capital market if the alleged 
		dissension among the directors of the Philippine Stock Exchange (PSE) is 
		not addressed. Another factor that will lend credibility to Mrs. 
		Arroyo's focused leadership is the safe release of Filipino truck driver 
		Angelo de la Cruz who was taken hostage in Iraq by militants. 
		Second-quarter earnings results are also expected to pave the way for 
		the stock market's upward trek.  
		TELECOMS, BANKS, POWER  
		"The outlook for the second quarter earnings is that these will 
		mostly be in the double-digit levels," she said. She sees bright 
		opportunities ahead for telecommunication companies, banks and firms 
		involved in power generation. "For the telco side, the churn rates are 
		gradually reducing. It started with Globe Telecoms' over-the-air 
		reload," Ms. Cerdeña said. "Banks may also be enjoying additional 
		liquidity with the possible extension of the deadline for [the availment] 
		of the Special Purpose Vehicle Act (SPV) which will allow them more time 
		to dispose their non-performing loans (NPLs)." Lopez-owned First 
		Philippine Holdings (FPH) is expected to announce cash dividends soon, 
		an indication that it has significant cashflow. Ms. Cerdeña said the 
		fast-tracking of the Electric Power Reform Act (EPIRA) will benefit FPH 
		especially with the upcoming bidding for the San Lorenzo and Sta. Rita 
		power plants.  
		DISCOUNTED  
		But Jojo Gonzales, research head of Philippine Equity Partners, Inc., 
		said everything had already been discounted in the market. "The SONA and 
		the reporting season are not new," he said. Mr. Gonzales, however, sees 
		the market reacting to a set of proposals to raise revenues for the 
		government. "The proposal to raise taxes for the oil sector will affect 
		Petron Corp. SM Prime Holdings Corp. will be affected by the plan of the 
		Bureau of Internal Revenue (BIR) to go after theater owners. These 
		proposals might have certain impact on specific companies. Until the 
		market sees these proposals made concrete, it will remain at a loss," he 
		added. Trade and Industry Secretary Cesar A.V. Purisima, who is 
		designated recently as Mrs. Arroyo's "economic spokesperson," said the 
		new tax measures will generate
		PhP100 billion in additional revenues annually, eventually 
		reducing public sector debt by 90% within six years. The market's 
		direction will also depend on the numbers that companies will be 
		reporting for the second quarter, Mr. Gonzales said.  
		LAST WEEK  
		A technical rebound and continued bargain hunting generally propped 
		up trading last week. The stock market closed higher on Friday, up 6.43 
		points to 1,559.22 as it sustained gains for a third consecutive day. 
		Having breached the 1,550 level, the market is expected to trade on a 
		new level, promising a series of bullish sessions for the week. Except 
		for the All Shares and Mining, the rest of the indices were in positive 
		territory. Banks and financial services inched up 0.49 TO 465.69. 
		Commercial-Industrial gained 15.08, the highest at 2,458.09. Oil moved 
		slower at 0.01 to 1.41. Property was also slow at 0.04 to 522.23. All 
		shares shed 0.89 at 996.35 and mining slid 17.59 TO 1,604.44. There were 
		1,875 trades of over two billion shares worth 
		PhP333 million from 23 gainers, 33 losers and 61 issues that were 
		unchanged. The total value turnover at the end of the week was PhP6 
		million more than Thursday's PhP327 million which saw almost seven 
		billion shares exchange hands.  
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