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Tuesday, September 21, 2004
Planners admit new taxes to hurt growth
Four-tiered cigarette tax scheme may stay
Potential PhP144B in '03 VAT lost to inefficiency, exemptions
Fitch warns of downgrade
Gov't owes GSIS only PhP6.4B
Gov't draw on Maynilad bond stopped by unpaid premium
RP telcos lead in texting profits
Senators open to power reform law changes
Transportation dep't to bid out MRT-3 Phase II
Bankers want SPV law extended for two years
Bankers group disputes reported 38B pesos in unpaid taxes
Landbank income up 8.87% as of July
CDC asks court blessing for Mimosa estate's sale
National Steel sale seen closed in Oct.
Malampaya group to put up first clean gas filling station
Tarlac City gov't told not to seize Uniwide assets
Phisix regains footing, climbs 1.2%

Monday, September 20, 2004
Public servants' pensions next target of austerity thrust
Credit rating downgrade looms sans new taxes
$1-B bond issue snapped up due to 'cheap' price
RP far from Argentina-style crisis, says ex-Cabinet men
VAT rate hike not that effective in raising revenues -- think tank
House asks Senate to give tax amnesty a chance
Finance dep't warns vs scrapping automatic debt appropriation
Study cites urgency of lifting Charter's restrictive economic provisions
PNOC bullish on Malampaya oil reserves
Palace says Chinese president coming to Manila in June '05
NTC eyes reorganization to insulate it from politics
52 airlines awarded landing rights in Macapagal airport
Peso seen stuck in usual range versus dollar
Aboitiz bank raises $125M from foreign debt market
General Milling pegs PhP18M in losses from strike
iBank public offering gets SEC okay
Quezon City trial court asked to reject Maynilad's rehab proposal
Liquigaz Phils. to spend $10M-$15M for expansion
Cebu water district close to sealing deal with Ayalas
DBP says trading system for SMEs to lower costs
Market correction seen to continue

September
16 - 17

September 14 - 15
September 7 - 9
September 1 - 3

 

 


 

 

Planners admit new taxes to hurt growth

By CARINA I. RONCESVALLES, Reporter

The National Economic Development Authority (NEDA) yesterday admitted that the imposition of new tax measures will result in a 3% to 4% decline in the country's gross domestic product (GDP). "We state the position that we [the NEDA] disagree with the proposed tax measures, all of them, for the reason that we believe that these measures will adversely affect the economy and will have an impact in the cost of manufacturing business in the Philippines," NEDA deputy director general Augusto Santos told a Senate committee hearing on the impact of the government's fiscal plan on the general economy. "However, knowing that such measures will provide [a] solution to the present financial problems that we have ... we are willing to discuss them," Mr. Santos said. The government expects GDP -- the measure of goods and services produced by the country within its borders -- to grow within a range of 5.3% to 6.3% next year. Mr. Santos clarified, however, that he expects the projected 3% to 4% GDP slowdown to occur in the long run.

CRACKS?

Mr. Santos's statements were also an apparent departure from testimony last week by his boss, NEDA director-general Romulo L. Neri, who said three of the proposed tax measures -- the indexation to inflation of 'sin' taxes, increase in the excise tax on petroleum products and an increase in the value-added tax (VAT) rate -- "will increase GDP by 0.03 percentage points due to higher personal and government consumption and total investments." Mr. Neri said an increase in the prices of tobacco and alcohol products due to higher taxes will have a "negligible" effect on inflation. Remarking on a prospective increase in the excise tax of petroleum products, Mr. Neri said it will result in 0.11% increase in GDP and a 1.13 percentage points increase in inflation due to higher government spending arising from higher revenues. "However, the effect of the measure on inflation is expected to decay over time, resulting in tamer 0.15 percentage points increase in inflation in the long run," Mr. Neri said.

NEDA said higher investor confidence resulting from the passage of a bill on increasing taxes on petroleum products should result in a 1.08 percentage point increase in GDP in the long run. The initial increase in VAT from 10% to 12%, Mr. Neri said, may raise inflation by 0.23 percentage points in the short run but will cause the economy to grow by an average of 1.13 percentage points in the long run, especially if investors gain more confidence. "[W]ithout an increase in investor confidence, the estimate will yield a 0.01 percentage points decline in GDP," Mr. Neri said.

REVIEW

Mr. Santos's testimony yesterday prompted the Senate committees on trade and commerce and on economic affairs chaired by Sen. Manuel A. Roxas II to ask the NEDA and the Department of Finance (DoF) to conduct a more thorough study of the new revenue measures. "The economic managers have to prove that if the money that will be collected from the new measures will be used to spend only for servicing debt, then the economic pain of [a] 3% to 4% [contraction] of GDP is worth it compared to the stronger pain if we will not act on the fiscal problem," Mr. Roxas told a news conference after the hearing. He said the admission of the new tax measures' negative impact was another point against the proposals cited by Mr. Neri. The three measures are expected to generate additional revenues of PhP14 billion ('sin' taxes), PhP19.9 billion (higher VAT rate) and PhP4.6 billion (petroleum excise tax), respectively.

The other measures are the rationalization of fiscal incentives, lateral attrition system, tax amnesty, shift to gross income taxation from net income taxation, and re-imposition of franchise tax on telecommunication companies. "There will be a contractionary impact. Now, the question for judgement is: will the economy carry it and will the families carry the contractionary impact? This will be spread out since each family will pay more and take home less ... The question is not just of arithmetics, economics but also of social impact. We will be asking the NEDA to determine the family income and expenditures model and how will the contraction be distributed," Mr. Roxas said. He added that the projected additional revenues of PhP80 billion from the eight new tax measures might only go to waste if the government does not address corruption within its ranks. "The government has not proven itself to be a much more efficient or productive user of money than those who earned it themselves," Mr. Roxas said.

EXEMPTIONS

He proposed the lifting of value-added tax exemption of doctors, lawyers and other professionals instead of increasing the VAT by 2%. "Why not expand the coverage of VAT to include doctors, lawyers and professionals. It might not be necessary to increase VAT if all will be covered by the tax to include the exempted sectors." Fellow administration Sen Ramon B. Magsaysay Jr. echoed the suggestion. "We should look at the loopholes in our tax collection system first and foremost. If we do not plug these loopholes, people will not believe us. Our tax collection must be like a laser rifle approach and not a shotgun blast ... Accuracy is the paramount concern," Mr. Magsaysay said during the hearing. Opposition Sen. Juan Ponce Enrile, for his part, asked the NEDA and the DoF to study the imposition of a uniform tax rate on cigarettes instead of the proposed ad valorem tax.

SENATE CAUCUS

In a related development, the Senate yesterday held a caucus to firm up the Upper Chamber's position on the looming fiscal crisis.Senate President Franklin M. Drilon said legislotors would identify which reform measures should be enacted into law. "All the senators, both from the majority and minority, will discuss how the Senate views the present crisis that we are looking at. We do hope that as a result of this caucus, we can have a successful, one-day detailed briefing from the economic managers and a freewheeling debate on our perception of the crisis that is facing the country today," Mr. Drilon said prior to the caucus. No agreement was reached but the legislators said they would meet anew on Oct. 22-23 before the second regular session resumes on Oct. 25. Congress goes on recess on Sept. 24. Mr. Drilon earlier said four new taxes will likely be passed within the year. These are the indexation to inflation of sin taxes, rationalization of fiscal incentives, lateral attrition system and tax amnesty.

 

 

Four-tiered cigarette tax scheme may stay

Government economic managers have agreed to retain the four-tiered system of taxing cigarettes and will recommend adjustments only on the corresponding tax rates, a reliable source bared. The government's economic team adopted the position based on a proposal by Trade Secretary Cesar A.V. Purisima, said the source, who attended one of the group's meetings. Prices under the four tax brackets will also be retained, the source added. "This would be simpler and easier since only the excise tax would be adjusted and not the price," the source said. Currently, cigarette brands costing above PhP10.00 per pack are taxed PhP13.44 per pack. The three other brackets are: PhP6.51 to PhP10.00, PhP8.96 per pack; PhP5.00 to PhP6.50, PhP5.60 per pack; and below PhP5.00, PhP1.12 per pack.

An earlier proposal was to index both the brackets and the rates to inflation. The brackets have not been adjusted since the National Internal Revenue Code of 1997 took effect, while the rates were hiked by 12% in 2000. The source said the economic team has not yet decided on how to adjust the rates. Tobacco giant Philip Morris is campaigning for a PhP1 across-the-board tax increase in all four brackets instead of using percentages, warning that indexation would create "market distortions" by forcing smokers to shift to lower-priced brands. This was echoed last week by a visiting delegation of senior American executives, whose recommendations included the removal of the top tax tier which accounts for less than 0.2% of the market.

Lucio Tan-led Fortune Tobacco is opposed to a uniform tax increase and is lobbying for a return to the old ad valorem scheme. Fortune Tobacco accused Philip Morris of trying to phase out low-priced brands, which the former claimed would suffer a price increase of as much as 250%. There are two pending House bills calling for a uniform tax increase. Eastern Samar (eastern Visayas) Rep. Marcelino C. Libanan is proposing a PhP1 across-the-board increase, while Cavite (southern Luzon) Rep. Jesus Crispin C. Remulla wants PhP2. At an annual consumption of 4.5 billion packs, additional revenues could reach PhP4.5 billion for a PhP1 uniform increase, and PhP9 billion for a PhP2 increase.

'VICE' PRODUCTS

At the House of Representatives, meanwhile, Finance undersecretary Ma. Grace Tan said an additional PhP18 billion will be added to government coffers should revisions in the tax system for "vice products" push through. Ms. Tan made the pronouncement during a House ways and means committee deliberation of proposed tax measures aimed at addressing a looming financial crisis. The ways and means committee insisted on the term "vice products" , rejecting the commonly used indexation to inflation of "sin" taxes.

The committee calendared bills filed by House Speaker Jose de Venecia Jr., Danilo E. Suarez (3rd District, Quezon), Eric D. Singson (2nd District, Ilocos Sur), Douglas RA Cagas (1st District, Davao del Sur), Catalino V. Figueroa (2nd District, Western Samar), Exiquiel B. Javier (Antique), Junie E. Cua (partylist, COOP NATCO), Marcelino C. Libanan (Eastern Samar) and Jesus Crispin C. Remulla (3rd District, Cavite), that seeks to revise the taxing measures for "vice: products -- cigarettes, alcohol and tobacco -- for deliberation. Committee chairman Jesli Lapuz categorized the measures into three: the indexation to inflation, an across the board imposition of additional taxes and a return to the old system of taxation. Mr. de Venecia proposed an increase in the tax rates on alcohol and tobacco products by 37.3% to cover the cumulative inflation from 1997 to 2002. Subsequently, indexation and reclassification must be made every two years, he said.

Messrs. Singson and Cagas moved for fixing the rate at 18% and a subsequent increase of 15% after three years, while Messrs. Suarez and Javier moved for a return to the ad valorem system. Mr. Suarez also proposed the restructuring of alcohol excise tax and providing for a 20% adjustment after three years. Lastly, Messrs. Libanan and Remulla proposed an additional PhP1 and PhP2 per pack, respectively. -- Felipe F. Salvosa II and Ruelle Albert D. Castro

 

 

Potential PhP144B in '03 VAT lost to inefficiency, exemptions

By KAREN L. LEMA, Reporter

The National Government failed to collect PhP144 billion in potential value added taxes (VAT) last year, the Department of Finance said. Finance undersecretary Nieves L. Osorio told a Senate hearing yesterday that out of the estimated potential VAT revenue of PhP279 billion during the 12-month period, tax collecting agencies collected only PhP135 billion. The foregone revenues, which were blamed on collection inefficiency and numerous exemptions, have given lawmakers a reason to frown on the Arroyo administration's proposed two-step increase in the VAT rate to optimize VAT collections.

Under the proposal, the government will increase the VAT rate to 12% in 2006 if a VAT effort of 3.6% in 2005 is not reached. The VAT rate will be increased by another two percentage points in 2007 if the VAT collection to gross domestic product (GDP) ratio in 2006 of 4.1% is not met. The measure is expected to earn the government PhP20-billion in annual revenues. Improving the VAT collection and reducing exemptions granted under the VAT should be adopted rather than increasing the VAT rate, Senators Juan Flavier and Ramon Magsaysay Jr. said in the hearing. Otherwise, the government would be penalizing those who have been religiously paying the VAT, the senators said.

While admitting that there may have been inefficiencies in VAT collections, Bureau of Internal Revenue (BIR) Deputy Commissioner Kim J. Henares said the real problem is in the numerous VAT exemptions provided for under the National Internal Revenue Code. She said the government would do well in maximizing the VAT system by reducing the number of VAT privileges.

The Tax Reform Act of 1997 exempts more than 20 transactions from VAT. These include the sale of nonfood agricultural products, cotton, copra, marine and forest products; the sale or importation of agricultural marine food products in their original state, livestock, breeding stock and genetic materials; the sale or importation of fertilizers, seeds, seedlings, fish, prawn, livestock and poultry feeds; the sale or importation of coal and natural gas, petroleum products subject to excise tax; importation of passenger or cargo vessels of more than 5,000 tons; importation of professional instruments, wearing apparel, and domestic animals, among others. Services rendered by the following are also exempted from the VAT: persons subject to percentage tax; agricultural contract growers; those engaged in medical, dental, hospital, veterinary and educational services; and sale by the artist of his art, literary works, and musical compositions. Recently, a law was passed exempting doctors and lawyers from paying the VAT. Also covered by exemptions are services rendered by regional or area headquarters of multinational corporations in the country which act as supervisory, communications and coordinating centers for their branches in the Asia-Pacific Region and do not earn income from the Philippines.

Finance Secretary Juanita D. Amatong has said that the DoF would propose that Congress scrap some exemptions in the VAT system to plug loopholes. The move is seen to widen the base of VAT payers and raise more revenues to help narrow the widening budget deficit. Ms. Amatong admitted that the government is not able to maximize VAT collections because of too many exemptions. The revocation of exemptions given to certain transactions should result in higher VAT collections, she said. Senator Manual Roxas II, chairman of the committee on economic affairs, said he is amenable to lifting the exemptions granted to doctors and lawyers. Asked whether he would be willing to initiate the proposal, he replied: "We could."

 

 

Fitch warns of downgrade

Failure to pass fresh revenue measures within the next few months could lead to a credit downgrade for the Philippines, international ratings agency Fitch Ratings warned yesterday. If Manila fails to pass any of these proposed measures, "I think there would be material implications to the ratings outlook," Brian Coulton, Fitch Ratings' senior director for sovereign ratings, told ABS-CBN television. He said the Philippines' sovereign BB rating, two notches below investment grade, was "predicated on expectations that this package is put in place."

A ratings downgrade would raise borrowing costs for the government, which relies on debt to plug a national budget deficit expected to reach PhP198 billion or 4.2% of gross domestic product (GDP) this year. Mr. Coulton said "there would be a major shock to market expectations" if Congress were unable to enact new revenue measures because the budget deficit would surely exceed the government target. He expressed concern over President Arroyo's announced plan to absorb the debts of loss-making state utility National Power Corporation, which exceeds PhP500 billion. "In terms of credit fundamentals, we would be looking at the deficit exceeding the target which (the government) set out," he said. He said this year was the "best window of opportunity" for Ms. Arroyo to raise revenues after winning a fresh six-year term in May. "If they're not able to make progress in the relatively short term right now, then we'll really become quite pessimistic. I think that's the way to see it. There's a strong element of urgency here."

Mr. Coulton said Fitch Ratings expects Congress to pass the tax increases on liquor and cigarettes as well as on petroleum products, as well as for regulators to raise by 40% electricity rates charged by National Power Corporation. "We need to see a good number of these taxes put in place and actually passed within the next couple of months," he said. -- AFP

 

 

Gov't owes GSIS only PhP6.4B

Government agencies owe the Government Service Insurance System (GSIS) a little over PhP6 billion in unremitted premiums, and not PhP40 billion, as claimed by the state pension fund. According to a Department of Budget and Management (DBM) circular letter dated last June 8, unpaid social insurance premiums of government agencies to the GSIS stood at PhP6.464 billion. In her letter, Budget Secretary Emilia T. Boncodin said the DBM and the GSIS have agreed to a scheme to settle the final tally that may arise out of a confirmation. The DBM, however, said nonpayment of the premiums should not be an excuse by the GSIS to withhold the grant of loans. "Nonpayment of the above unremitted premiums shall not, however, be used by GSIS as basis to withhold the grant of loans to GSIS qualified members nor should it affect retirement claims payable by GSIS," Budget Secretary Emilia T. Boncodin said in the letter, addressed to all government agencies.

GSIS president and general manager Winston F. Garcia last week said nearly all government agencies owe the agency some PhP40 billion in premium payments. Mr. Garcia warned that unless all obligations are settled, the state pension fund could collapse. Education undersecretary Juan Miguel M. Luz denied GSIS' claims, saying that the Department of Education (DepEd) has been the biggest client of the GSIS. "We're their biggest client and the largest contributor the GSIS in the amount of an average of PhP12 billion annually in personal and government shares," he told BusinessWorld. He said DepEd has already appealed to the Department of Finance to discipline GSIS accordingly.

Of the PhP6.464-billion amount, the DBM said life and retirement premium payments account for PhP2.699 billion while employees compensation and insurance premiums stood at PhP248 million. Premium payments owed by local government units (LGUs), meanwhile, totalled PhP3.515 billion. The PhP6.464 billion in unremitted payments owed by agencies through the DBM covered premiums payable prior to 1997. Prior to 1997, the DBM was responsible for remitting to the GSIS the employers' share in the social insurance premiums of national government agencies. The DBM also deducted from the Internal Revenue Allotments of LGUs the unremitted employers' share. Since 1997, however, DBM released to agencies the amounts needed to cover the employers' share in the social insurance premiums of government employees. It is now the responsibility of agencies to remit the employers' share to the GSIS. -- I. C. C. Gonzales

 

 

Gov't draw on Maynilad bond stopped by unpaid premium

By CECILLE S. VISTO, Sub-Editor

The government will not be able to withdraw the $120-million performance bond of Maynilad Water Services, Inc. unless the Lopez-led firm pays a PhP47-million premium for the guarantee. In a hearing at the Quezon City Regional Trial Court yesterday, lawyers of the banks that guaranteed the bond payment told Judge Reynaldo B. Daway that their clients will not release the money to the state-run Metropolitan Waterworks and Sewerage System (MWSS) until they will have gotten hold of the premium. "It is a pure administrative expense that should be paid in the normal course of business and its payment does not hinge on the approval of the rehabilitation court," said lawyer Angelito W. Chua, representing Chinatrust Philippines Commercial Bank Corp. Mr. Chua noted that insurance laws provide that "without a premium, there is no effective insurance policy."

If Maynilad failed to remit the premium, which is required for protection, then the government cannot expect to get even a single centavo from the unpaid insurers. In this case, the MWSS will be unable to service debts that should have been covered by Maynilad's concession fees. Maynilad has not been paying government concession fees since March 2001. Thirteen local and foreign banks and financial institutions, led by Hong Kong-based Citicorp International Ltd., make up the consortium that guaranteed payment of the $120-million performance bond. The Manila offshore branch of Credit Lyonnais, recently renamed Calyon Corporate and Investment Bank; the Singapore branch of Credit Industriel et Commercial; Fortis Bank, and Rizal Commercial Banking Corp. are also part of the consortium.

Another counsel said if the government insists on drawing the bond without payment of the premium, the guarantor-banks will have no choice but to revoke the standby letter of credit "and insist that the policy is ineffective." This will leave MWSS without a recourse against the cash-strapped Maynilad. Worse, it will have to wait for Maynilad to improve its cash flow before it collects some PhP7 billion in outstanding concession fees. "We should have been paid by July 31 as the renewal should have taken effect Aug. 1. Maynilad kept postponing payment and just recently, former Justice Secretary Manuel A.J. Teehankee wants to extend payment from between seven to 15 years. That's preposterous," the source said.

In a hearing last Sept. 9, Mr. Teehankee said the payment of the PhP47 million should be included in the revised recovery blueprint for Maynilad "given the enormity of the amount." He said the government is opposed to a onetime payment of the premium for standby letter of credit (SBLC) banks. But in the same breath, he stressed that the MWSS will withdraw the $120 million on Oct. 4, or shortly after trial court approves the referral of the rehabilitation plan to receiver Rosario S. Bernaldo for review. Based on the corporate recovery plan that Maynilad submitted to the court early this month, the bank consortium will collect $48 million from the French partner of Benpres Holdings Corp., Ondeo Services Philippines, which guaranteed the payment of up to 40% of the bond. Maynilad will pay $39 million over seven years with one-year grace period, while the remaining $33 million will be converted into equity in Maynilad. There was no mention of the premium payment in the recommendation as it was assumed that this will be paid up front. The objection of the Office of the Government Corporate Counsel was thus a surprise to guarantor-banks.

Also yesterday, a number of militant groups attended the hearing to ask Mr. Daway to allow them to intervene in the corporate recovery case. Groups such as Akbayan, Freedom from Debt Coalition and Action for Economic Reforms filed a motion for intervention, mainly to ask the court to disapprove Maynilad's revised rehabilitation plan. They noted, among others, that an approval of the plan would mean higher water rates for Maynilad's customers in the west zone. Maynilad and its creditors which have been parties to the case since it was filed last November objected to the delayed intervention. They noted that not all groups can be included as parties, otherwise there will be no end to litigation. Moreover, accommodating them will result in further delays in the case.

Meanwhile, creditors of Maynilad, in separate position papers, told the trial court they do not object to the referral of the rehabilitation case to Ms. Bernaldo. However, they stressed that this did not mean that they already approve of the provisions of the rehabilitation plan. "How could the case move forward if the plan is not referred to the receiver for review? It will be the duty of the receiver to consult the creditors on the most acceptable rehabilitation terms," Ms. Bernaldo said. Mr. Daway had said he will rule on the issue on or before Oct. 4.

 

 

RP telcos lead in texting profits

Philippine carriers Smart Communications, Inc. and Globe Telecom, Inc. lead telcos worldwide in reaping revenues out of cellular data transfers. This proves that the Philippines remains the texting capital of the world, as most of the data transferred via cellphone in the country are through short message service (SMS). "The Philippines is a country where data usage and GSM (global system for mobile communications) is highest. Data transferred could be SMS, pictures, data from internet surfing and chatting," a statement quoted Alfred Ling, chairman of the Global mobile Suppliers Association in Asia Pacific (GSA-APAC), as saying.

Data from EMCWorld Cellular Data Metrics showed that as of the first quarter this year, revenue from data transfer for Smart Communications, Inc. accounted for 41% of its profits while Globe Telecoms, Inc.'s stood at 38%. Japan's NTTDoCoMo trailed in third spot with data transfer contributing to 26% of its revenues. Philippine mobile carriers topped the list of 32 operators worldwide whose revenues from data exceeded 15%. The other carriers on the list were KDDI and Vodafone of Japan, O2 in Ireland, United Kingdom, and Germany, and Telekoms in Indonesia. EMCWorld also said that out of the 50 top operators in data revenue, 90% use the GSM technology for data transfer. But while GSM is widely used and 3G is coming in, Mr. Ling said these technologies will not overtake voice services. "People will always use voice, but a lot of the voice users will use more and more data using their handphones. But this is not about voice taking revenues from data," Mr. Ling said.

Mobile phone users in the Philippines have adopted texting since it is the cheaper mode of communication, pegged at 50 centavos to PhP1 per message. "More than 90% of data is text, and this is certainly more than before. Text messaging is a more affordable means of communication and so this is widely acceptable in the Philippines," Smart spokesman Ramon Isberto said. Smart had 16 million subscribers, while Globe had 10.5 million subscribers as of June. The local telecom sector transfers an average of about 200 million messages a day. For the first half, Smart's revenues reached PhP30.9 billion, while Globe posted PhP6.9 billion.

 

 

Senators open to power reform law changes

Senators are open to the proposal of state-run National Power Corporation (Napocor) to amend the Electric Power Industry Reform Act (EPIRA) and pave the way for lower power costs by relaxing the conditions necessary for "open access" to take place The open access scheme allows industrial, commercial and residential customers to directly buy electricity from power generators of their choice thus foregoing the mark-ups imposed by power distributors like the Manila Electric Company (MERALCO) on passed-on generation cost. But as mandated by the EPIRA, power consumers could only take advantage of the open access scheme once Napocor privatizes at least 70% of the total capacity of its generating assets in Luzon and Visayas.

Napocor president Rogelio M. Murga believes that just by repealing the "70% requirement provision," the open access scheme could be implemented by the start of 2005 as against the 2006 schedule set by the Energy Regulatory Commission (ERC). The ERC based the implementation schedule on the assumption that the Napocor would be able to sell 70% of its assets by the end of 2005, Mr. Murga said.

In a chance interview at the sidelines of a senate hearing yesterday, Mr. Murga said that he will meet with Senator Miriam Defensor-Santiago, chairman of the committee on energy to discuss how they could fast-track the repeal of the "70% requirement provision." As suggested by Senator Juan Ponce Enrile, Mr. Murga said Napocor could draft a bill that would delete the 70% requirement provision. The repeal is also being pushed by the the Semiconductor and Electronics Industries in the Philippines Inc. (SEIPI) since the scheme would mean lower power costs. Expenses for power consumption comprise 5% to 25% of a businesses' operating cost.

The Senate committees on economic affairs, and trade and commerce backed the proposed amendment. Committee chairman Manuel A. Roxas II said the proposal should be taken with urgency by the Senate. "I am very concerned that we will lose our present competitiveness as exhibited by the semiconductor industry," Mr. Roxas told a news conference after the Committee hearing. Fellow Adminsitartion Sen. Ramon B. Magsaysay, Jr. said he will file a resolution to express the urgency to amend the EPIRA law which provides that open access to the electricty market will be allowed only if 70% of Napocor assets will have already been privatized. "I am willing to file a resolution to make it urgent to amend the EPIRA law to implement a direct access system for electricity from the Independent Power Producers to large consumers, especially exporters to make them more competitive, thereby benefitting the economy," Mr. Magsaysay said. The cost of power in the Philippines is three times higher compared to its neighbors like China, Indonesia and Malaysia, said Dan C. Lachica, president of First Sumiden Circuits, Inc. -- Karen L. Lema and Carina I. Roncesvalles

 

 

Transportation dep't to bid out MRT-3 Phase II

The Department of Transportation Committee (DoTC) may now accept bids for Phase II of the Metro Rail Transit-3 (MRT-3) project after the Cabinet-level Investment Coordination Committee (ICC) accorded it a "national priority" status. Socioeconomic Planning Secretary Romulo L. Neri said in an interview that with the conferment of the status, the project is now subject to an open bidding. "[With the status] it officially becomes subject to a public bidding," Mr. Neri said. Phase II of MRT-3 will connect the existing Monumento Station of LRT Line 1 and the North Avenue station of MRT Line 3.

National Economic and Development Authority (NEDA) assistant director-general Rolando G. Tungpalan said the Phase II of the MRT-3 project will proceed under a build-operate-transfer scheme, with DoTC evaluating all the bids it will receive. DoTC will then endorse the BOT proposal of its choice to the ICC, which is under the NEDA, for approval. "Any qualified firm can join the tendering process subject to procurement regulations," Mr. Tungpalan said.

The conferment of the priority status ends the uncertainty over the construction of Phase II of MRT-3 which has been hanging in the balance due to technical disagreements between the DoTC and the consortium running the MRT, the Metro Rail Transit Corporation (MRTC) over the project. MRTC earlier insisted that it has the option to build the project under a supplemental agreement it entered with the DOTC in 1999. The DoTC then sought the opinion of the Justice department on whether it can proceed with the supplemental agreement and whether the project may be exempted from public bidding pursuant to Executive Order 109 issued in 2002.

Two recent legal opinions from the Department of Justice said the supplemental agreement may no longer be implemented since it has already lapsed and that the project may not be exempt from a public bidding. But since the project will now be subject to an open bidding, MRTC may still present its own proposal for DoTC evaluation. The existing LRT Line 1 runs from Baclaran in the south to Monumento in the north, traversing Taft and Rizal Avenues for a total length of 14.5 kilometers, covering 18 stations. The existing MRT 3, Phase 1 traverses EDSA from Taft Avenue in the south to the EDSA North Avenue intersection in the north for a total length of 16.9 kilometers, covering 13 stations.

 

 

Bankers want SPV law extended for two years

By CARINA I. RONCESVALLES and IRIS CECILIA C. GONZALES, Reporters

The Bangko Sentral ng Pilipinas and the Bankers Association of the Philippines (BAP) yesterday asked the Senate to extend for at least two more years the deadline to set up special purpose vehicles (SPVs) or entities that buy idle assets of banks. In a hearing conducted by the Senate committee on banks, financial institutions and currencies, Banko Sentral Assistant Governor Nestor Espenilla and BAP president Cesar Virata said the life of Republic Act 9182 or the Special Purpose Vehicle Act of 2002 should be extended to allow the banks to unload their nonperforming assets.

SPVs may be registered with the Securities and Exchange Commission only until last Saturday to avail of tax perks and lower transaction fees that will expire in April 2005. Mr. Espenilla noted that the privileges provided by the law were not maximized by the banking industry. He said banks' idle assets are "not necessarily worthless. We just need to tap them." "We have no objection to a reasonable extension of the law. Two years is okay," he told reporters yesterday. Mr. Espenilla also reported that as of last Thursday, 55 certificates of eligibility for idle asset disposal have been issued to 16 banks with total book value of PhP4.3 billion. He said 19 banks have pending applications valued at PhP29.2 billion.

Mr. Virata, for his part, said an extension of the law is necessary since the two-year period for the registration of SPVs was not entirely used for its intended purpose. He noted that half of the period was spent for the crafting of the law's implementing rule sand regulations. "We would like at least an extension of another two years. It might be better if it will be longer because we need an improvement in the economy to be able to sell these properties. The amount involved relative to the entire [nonperforming] assets of the banking system is evident," Mr. Virata told reporters after the hearing. Committee chairman Edgardo J. Angara backed the proposal from the banking industry to extend the life of the law for two to five years. "We need time to clean up the balance sheet of banks. There are PhP100 billion worth of nonperforming assets," Mr. Angara said in a separate interview. He remarked that a maximum of five years more could be given since the banks need a holding period of at least five years to unload these assets. Mr. Angara noted that the approved SPVs as well as the pending applications will cover only half of the banks' idle assets.

The central bank expects banks to sell up to PhP100 billion worth of bad assets through SPVs by next year. The number, however, is small compared to the banking system's estimated PhP500 billion in bad loans. Mr. Espenilla said an extension would help banks dispose more bad assets comprising of soured loans and foreclosed properties. He said there are already PhP33.5 billion worth of bad assets that are set to be offered by banks to investors in the coming weeks. The SPV law was enacted in 2002 to help banks dispose of their bad loans to private investors, a move preferred by the cash-strapped Philippine government rather than state-sponsored bailouts done in other countries. It grants tax and investment incentives offered to purchasers of these assets. Banks have been seeking for an extension and are now drafting proposed amendments to the law. But while the central bank supports an extension of the law, Mr. Espenilla reminded banks that they can dispose of their bad assets through other ways such as through an auction. "The resolution of nonperforming assets is not only through SPVs," he said. He also said an extension of the law will depend on Congress and on the support of the Department of Finance as the measure involves tax incentives.

Lawmakers, meanwhile, are of two minds on the proposed extension. Senate committee on economic affairs chairman Manuel A. Roxas said the extension of the law might not be the right solution to banks' huge bad assets. "I am generally less favorably inclined to the proposal. The reason why the SPV law was not maximized is because of the discrepancy in the valuation of the properties and not the period of implementation," Mr. Roxas said in another interview. Mr. Angara further asked the central bank and the bankers' association to submit a detailed list of priority measures they want the 13th Congress to enact into law. "We face a tough selection and prioritization. We will appreciate if you present a well-prepared proposal. We want an ideal framework. We are talking about the life and death of the industry," Mr. Angara said. Fellow opposition solon Sen. Juan Ponce Enrile raised the same suggestion. "We have so many bills in the Senate. You have to show us which are for your great interest. Give us the description of the problem sought to be solved by the proposed legislation. That way, you shorten the thinking process for us," Mr. Enrile said.

Conchita Manabat, chairman of the Capital Market Development Coordinating Council, told the hearing that the priority measures that would help the financial market include the corporate recovery act, revised investment company act, pre-need code, and personal equity retirement account (PERA) act. The corporate recovery act has been filed in the 11th Congress. It seeks to hasten the recovery of distressed firms through rehabilitation and liquidation outside the courts. The revised investment company act seeks to establish a conducive environment for the development of the mutual fund industry by lifting certain restrictions on the operations of investment companies. The pre-need code seeks to transfer the supervision of the pre-need industry to the Insurance Commission from the nontraditional securities and instruments division of the Securities and Exchange Commission. The PERA seeks to create a savings and retirement plan for public and private workers.

 

 

Bankers group disputes reported 38B pesos in unpaid taxes

The Bankers Association of the Philippines yesterday asked for a Congressional investigation on the reported nonpayment of PhP38 billion in back taxes and penalties of foreign and domestic banks. Cesar Virata, the association's president, wrote to Senate President Franklin M. Drilon and House Speaker Jose C. de Venecia to determine how much was the obligation of the banks. Mr. Virata also disputed the reported amount of back taxes and penalties. "I do not know what they are referring to because we would like to see that. We have written the Speaker and the Senate President to see whether these matters could be clarified in the oversight committee...," he said.

Senate President Franklin M. Drilon said the matter should be investigated. "The back taxes should be paid, especially by the banking industry which is supposed to lead the orderly management of our finances. They are asking for discipline in spending so they should lead this effort," Mr. Drilon said in the vernacular. Senate Committee on banks, financial institutions and currencies chairman Edgardo J. Angara said the matter should be investigated. Senate Committee on finance chairman Manuel B. Villar Jr. also raised the need to determine the actual amount of back taxes owed by the banks to the cash-strapped government. Albay Rep. Joey Salceda was quoted earlier as saying that the banking industry owed PhP38 billion in gross receipts tax, documentary stamp tax and branch profit tax since 1997 when the comprehensive tax reform package was approved. -- Carina I. Roncesvalles

 

 

Landbank income up 8.87% as of July

By RUBY ANNE M. RUBIO, Reporter

State-led Land Bank of the Philippines registered an 8.87% growth in net earnings to PhP1.35 billion in the first seven months of the year. Margarito B. Teves, Landbank's president and chief executive, said the bank's earnings were boosted by prudent lending activities and investments in government securities. Various innovations in bank services, intensification of collection efforts and prudent management of controllable overhead expenses also strengthened the bank's performance.

Julio D. Climaco Jr., Landbank's vice-president for strategic planning, said loans to priority sectors expanded to PhP74.8 billion, which is 59.8% of the bank's PhP125-billion loan portfolio. "Loans for agribusiness had the largest share at 14.2% amounting to PhP17.8 billion, followed by loans to small and medium enterprises [SMEs] and microenterprises at 13.3% at PhP16.6 billion," he said in a media briefing. Gross revenues increased by 11% to PhP12.1 billion as loan revenues posted a 15% growth at PhP5.72 billion. Total expenses went up by 10.69% to PhP19.76 billion as interest on deposits hit PhP2.87 billion, up by 40% from PhP2.05 billion. Loan loss provisions went down by 30% to PhP1.4 billion from PhP1.99 billion. Total assets improved by 16% to PhP289.6 billion driven by a 20% growth in deposits to PhP216.3 billion. Landbank toppled Equitable PCI Bank as the country's third largest bank in terms of assets.

As of end-August, Landbank has installed additional 125 automated teller machines (ATMs). "We are pursuing our mandate. We have the highest and most agressive ATM rollout program. Our target this year is to have 250 ATMs to be deployed nationwide. We shall have a total of 564 ATMs by end-2004," he said. Landbank continues to enhance customer service through its phonebanking which has 73,768 enrollees as of end-August. "There were 1,502 transactions per day in August. We will expand in September and October to cover Pangasinan, Pampanga, Iloilo, Negros Occidental, Misamis Oriental, and Lanao del Norte," he said. The bank aims to expand credit assistance to LGUs to support local infrastructure development. Mr. Teves said, "We want to convince LGUs to use their resources for development. In a situation where we have a fiscal crisis, there should be a group that will provide counter-cyclical activities so the economy will not be in a slowdown mode but will continue to grow." He emphasized that the institution, despite being a state-run bank, has been politically neutral in dealing with LGUs.

While bad loan ratio improved to 13.4% from 18.2%, better than the industry average of 13.8%, the banks said it will intensify its efforts further to dispose of nonperforming loans and foreclosed properties. Landbank filed with the Securities and Exchange Commission the incorporation papers of three special purpose vehicles (SPVs). BusinessWorld earlier reported the bank has called on interested parties to apply for prequalification to bid for PhP17.8-billion idle assets scheduled for sale next month.

 

 

CDC asks court blessing for Mimosa estate's sale

By Ma. ELISA P. OSORIO, Reporter

Clark Development Corp. (CDC) has asked the Supreme Court to dismiss the petition of Mondragon Leisure and Resort Corp. for the court to block the state firm's bid to sell the Mimosa Leisure Estate in Clark field, Pampanga. In a Sept. 16 filing, CDC said they have the right to sell the property as the operations, management and ownership of the Mimosa Leisure Estate has been transferred to the state firm. CDC, in its 24-page memo, said the takeover of the property was pursuant to a writ of execution.

Mondragon was forced to turn over the management of Mimosa to CDC for failing to pay PhP1.28 billion in debts to the state firm. The amount is composed of back rentals under a compromise agreement which details the following terms: PhP325 million plus interest of PhP213 million; minimum guaranteed rental (July 1999 to November 1999) of PhP46 million plus a PhP29-million interest; minimum guaranteed rental (December 1999 to July 2003) of PhP495 million plus interest of PhP115 million; and accounts payable of PhP58 million. "Failure of Mondragon to pay the rental in arrears, the current monthly rentals shall empower CDC [to] terminate the compromise agreement wherupon Mondragon shall leave the leased premises," CDC said. The compromise agreement, CDC said, further stated that Mondragon "agreed that if it failed to comply with its terms, CDC shall have the right to cancel and terminate the agreement upon which, it shall leave, abandon any and all premises leased" to Mondragon by CDC. "Petitioners [Mondragon] have completely relinquished all their rights over the property by their failure to comply with their duties and obligation as per several agreements," CDC said.

For CDC, Mondragon's petition "is only a vain attempt to further frustrate good administration of justice." It added that Mondragon acted on "bad faith or have completely and unjustifiably reneged on their obligations." In February 1994, CDC entered into a lease agreement with Mondragon for the development of the Mimosa Leisure Estate. The deal was terminated four years later, in 1998, for "various and continuous violations of [Mondragon] in the terms and conditions of the lease agreement." Then in June 1999, a compromise agreement was inked. But as Mondragon failed to pay the back rentals, return certain leased properties and construct a water park, hotel and additional casinos, the compromise agreement was terminated. Upon the termination of the agreement, Mondragon was supposed to "leave, abandon any and all premises" of the estate to CDC. CDC formed a special committee to handle the privatization of Mimosa in November 2002.

 

 

National Steel sale seen closed in Oct.

By IRIS CECILIA C. GONZALES, Reporter

Land Bank of the Philippines (Landbank), the third largest creditor bank of National Steel Corp., sees no more hitches in the sale of the steel firm to India's Global Infrastructure Holdings Ltd. Landbank said the long-delayed sale of National Steel could be closed by October as concerned parties have already signed the asset purchase agreement, a crucial document necessary for the sale. "It will be faster now because the asset purchase agreement is in place," Landbank Executive Vice-President Alfonso B. Cruz, Jr. told BusinessWorld in a recent interview. To date, creditor banks of the steel firm led by the Philippine National Bank (PNB) and Global Infrastructure have failed to seal the PhP13.25-billion transaction as two pre-closing documents have yet to be signed.

On Sept. 10, both parties signed an asset purchase agreement but the document is only one of two supposed pre-closing documents necessary to conclude the sale. One of the supposed pre-closing documents is a certificate of eligibility from the Bangko Sentral ng Pilipinas (Central Bank of the Philippines, or BSP) indicating the deal has complied with the Special Purpose Vehicle Law. The other is an agreement between secured creditors and state-owned National Power Corp. on how outstanding liabilities to the power firm would be paid. Mr. Cruz is optimistic that the deal would be closed soon. He said creditor banks are just being cautious because of the tremendous amount of money involved. "Hopefully, it would be soon. Maybe at the latest in October," he said.

The BSP, for its part, is also waiting for the execution of the sale before it certifies the transaction as eligible. BSP Assistant Governor Nestor A. Espenilla, Jr. said in a separate interview yesterday that BSP has not yet issued the certificate of eligibility. National Steel's biggest creditor is PNB, with PhP5.639 billion. The second biggest creditor is Calyon, formerly Credit Agricole Indosuez, with PhP1.687 billion. Landbank accounts for PhP1.17 billion of the debts, with PhP160 million in the form of long-term commercial papers. There are 12 other creditor banks. Global, a unit of Indian steel giant Ispat Industries Ltd. won the bid for National Steel for PhP13.25 billion payable in eight years. The mothballed steel plant in Iligan, Lanao del Norte opened in April even as the sale has yet to be sealed.

 

 

Malampaya group to put up first clean gas filling station

By BERNARDETTE S. STO. DOMINGO, Reporter

The consortium working on the Malampaya natural gas project will put up the first compressed natural gas (CNG) station to accommodate some 200 CNG-run buses expected to hit the roads next year. Facundo S. Roco, Shell Philippines Exploration B.V. (Spex) deputy managing director, said under a memorandum of understanding with the Energy department, mother and daughter stations will be constructed to service CNG buses. "Our commitment is to build a mother station in Batangas and Pilipinas Shell Petroleum Corp., for its part, will build a daughter station," Mr. Roco said in an interview. He said they are in discussions whether to put the daughter station, which will function as the refilling station, in the newly set up Shell post in South Luzon. "The mother station feeds the daughter. We cannot just dispense natural gas from the pipeline. The mother station will compress the natural gas and put it in tanks, like gasoline tanks, but these are special," he said. The Department of Energy has announced the first batch of CNG-run buses under the Natural Gas Vehicle Program for Public Transport will be provided by China and will run on Cummins Westport CNG-fueled engines.

Energy Secretary Vincent S. Perez, Jr. said the price of CNG is pegged at half the price of diesel which is around PhP21 a liter. The Department of Transportation and Communications will issue as many franchises as long as buses are CNG-operated. "Initially, there will be 200 units that will arrive here early next year. After the pilot program, the number of CNG buses arriving in the country is estimated to reach 1,500," Transportation Undersecretary Arturo Valdez said. Mr. Valdez said the move to allow the operation of CNG buses will encourage other transport firms to follow suit. Bus operators who have committed to participate in the CNG program are HM Transport, Inc., G-Liner, Pascual, First CNG, MVB, RRCG, NGV Adbus, Vergara and others.

The main objective of government's Natural Gas Vehicle Program for Public Transport is to develop and promote indigenous natural gas as a clean, alternative fuel in the transport sector enhance energy supply security and substantially lower pollutant emissions in densely populated cities. The Philippines has 3.7 trillion cubic feet of proven natural gas reserves. The Malampaya consortium and Shell have assured the first 200 CNG buses of a price 50% lower than diesel for seven years. Spex and Shell are members of the Royal Dutch Shell group. The Energy department has committed to accelerate incentives such as income tax holidays for CNG bus operators and preferential import duties as low as 1% on all natural gas vehicles and engines, and natural gas industry-related equipment. Cummins Westport, Inc. is a joint venture between leading diesel engine manufacturer Cummins, Inc. and alternative fuels engine technology company Westport Innovations, Inc.

 

 

Tarlac City gov't told not to seize Uniwide assets

The Securities and Exchange Commission (SEC) said the city treasurer of Tarlac could not seize assets of the Uniwide Group to settle back taxes as the firm is under rehabilitation. Uniwide Sales Realty & Resources Corp. sought the commission's decision after the treasurer of Tarlac City issued last Aug. 5 warrants of levy on the firm's assets, specifically machinery and building. Under existing rules, companies with SEC-approved rehabilitation plans are given reprieve on the payment of claims from creditors whether secured or unsecured. The city treasurer wanted to take Uniwide Sales's machinery and building at Barangay San Nicolas, Tarlac City in exchange for the real property taxes due from the assets. The commission's hearing panel, chaired by Vernette Umali-Paco, said the issuance of a stay order on the firm's motion was "well-founded."

In a six-page hearing, the panel said the motion was granted "to ensure a fair and equitable implementation of the approved rehabilitation plan." Other petitioners include Uniwide Sales, Inc., Uniwide Holdings, Inc., Naic Resources and Development Corp., First Paragon Corp. and Uniwide Sales Warehouse Club, Inc. The panel said the suspension would "give enough breathing space for the management committee or rehabilitation receiver to make the business viable again, without hav[ing] to divert attention and resources to litigations in various fora." It cited a Supreme Court ruling in the case of Rizal Commercial Banking Corp. vs. Intermediate Appelate Court, et. al. which ruled that: "All claims against corporations, partnerships, or associations that are pending before any court, tribunal, or board, without distinction as to whether or not a creditor is secured, or unsecured, shall be suspended effective upon the appointment of a management committee, rehabilitation receiver, board or body."

The SEC also said it has the original and exclusive jurisdiction over proceedings for suspension of payments. Since all existing assets and properties of the petitioners are effectively under the custody and control of the rehabilitation receiver duly appointed by the SEC, the firm's assets and properties are in effect, under custodia legis and therefore exempt from levy, attachment and execution. The panel also ruled the execution or enforcement of the warrants of levy will unduly interfere with the powers and functions of the rehabilitation receiver and hinder the firm's rehabilitation. -- Roulee Jane F. Calayag

 

 

Phisix regains footing, climbs 1.2%

By ROULEE JANE F. CALAYAG

The market yesterday regained its momentum with share prices back in positive territory. Despite expectations of a prolonged profit-taking, the Philippine Stock Exchange composite index (Phisix) defied projections and jumped by 20.86 or 1.24% to 1,702.21. Most market watchers projected the technical corrections to prevail for another week or two, but the Phisix moved forward due to developments in government and corporate fronts. Worries over the country's economic situation were eased with the government's ongoing programs to curb the fiscal deficit. "The government's international roadshow and increased activity in the debt market were some of the reasons for the return of interest in the market," said Dianne Sy, investment analyst at Unicapital Securities, Inc.

SOVEREIGN BONDS

According to the International Financing Review (IFR) Asia, the country's recent $1-billion bond offering was a hit. IFR is a weekly publication for independent news and analysis on domestic and cross-border capital markets. The publication said the cheap price of the offering attracted market investors. On Sept. 9, the country sold $300 million worth of sovereign bonds or ROPs at 8.875%. These are due in 2015. Another set of sovereign bonds that will mature in 2025 was sold for $700 million at 10.625% on the same day. Yesterday, Union Bank of the Philippines told the Philippine Stock Exchange that it would debut a $125-million loan due in 2007.

iBANK

The approval of the initial public offering (IPO) of International Exchange Bank (iBank) by the Securities and Exchange Commission (SEC) also lent some inspiration to the market. With the IPO scheduled anytime until yearend, this heralds the possibility of more listings to come at the Philippine exchange. iBank plans to sell 8.35 million shares of the 33.35 million it registered with the SEC. This leaves the bank's outstanding shares at 25 million. The bank provides for an over-allotment option that grants the issue manager and lead underwriter the right to purchase a certain number of shares. Under the over-allotment option drawn up by iBank and which is exercisable within the offer period, the issue manager and the lead underwriter can purchase up to 2.1 million common shares which shall come from the 8.35 million shares.

STILL CAUTIOUS

Trades at the stock market stabilized at 2,264 yesterday, with over one billion shares that exchanged hands for PhP658 million. The figures, indicating some caution among investors, were not as strong as last week despite a downtrend. The market has yet to put on some muscle to replicate the levels it reached during a recent nine-day rally. The performance of the indices was not solid, with dealers detecting some traces of caution among investors. Except for mining which bled 16.95 at 1,840.23, the rest of the counters closed positively. The all shares index raked in 2.55 at 1,083.12. Banks and financial services rose 1.28 at 484.38. Commercial-industrial gained 33.1 at 2,715.13. Property climbed 11.98 to 577.16 while oil advanced 0.03 to 1.64. The gains, however, failed to recapture the levels reached during a bull run the other week. Analysts are on the lookout for the return of rally levels when trading value hovered close to PhP2 billion. Gainers were ahead of losers yesterday although marginally at 34-27. But unchanged issues were greater at 48.

BLUE CHIPS

The market's focus remained on blue-chip stocks such as Philippine Long Distance Telephone Co. (PLDT), SM Prime Holdings, Inc. (SMPH), Ayala Corp., First Philippine Holdings, Inc. (FPH), and Ayala Land, Inc. "Major market movers were blue chips like PLDT, SMPH and Ayala Corp.," said Ms. Dy. Dealers said the market will just go with the flow for now until such time that a new level is established.

 

 

Public servants' pensions next target of austerity thrust

By CECILLE S. VISTO, Sub-Editor

After businessmen and executives of government-owned and -controlled corporations, the government now wants retirees from the public sector to help solve the country's fiscal woes. The Department of Budget and Management (DBM) is seeking congressional approval for the suspension of a provision in Republic Act 1616 that provides for lump-sum payment of retirement benefits of qualified government employees. Budget Secretary Emilia T. Boncodin said a law must be passed soon to allow government to better control its expenditures. "We must rationalize government retirement and pension schemes," Ms. Boncodin said in a recent Cabinet presentation on the government's medium-term fiscal program.

RA 1616 prescribes two modes of payment of retirement benefits, namely: a lump sum to be paid for by the National Government and a pension-type release through the Government Service Insurance System (GSIS). Ms. Boncodin said if approved, all retirement payments must go through the government insurance arm. The GSIS need not reimburse the National Government for this. Notably, between 1999 and 2002, the government paid out some PhP10 billion in lump-sum retirement funds to public sector retirees. This, Ms. Boncodin noted, was a drain on government's resources. To complement the strategy of suspending certain provisions of RA 1616, the Budget chief also recommended that the government immediately adopt a system where pension benefits are commensurate to premium contributions. She cited the case of pensions from the Armed Forces of the Philippines.

While military pension is still relatively lower than regular military compensation, these will be at the same level at roughly PhP39 billion by mid-2008. By 2015, the government will pay some PhP91 billion in military pension even as regular military compensation will amount to only some PhP50 billion annually. The Supreme Court has ruled that prior to retirement, an employee who has served the requisite number of years is eligible for, but not yet entitled to, retirement benefits.

READY?

But it is unknown whether GSIS itself has enough funds to service the retirement benefits of all its members. The GSIS last week warned of its possible financial collapse unless all government agencies faithfully and completely remit premium payments owed to it. GSIS president and general manager Winston F. Garcia said nearly all government agencies still owed his agency around PhP40 billion, covering their share in the social insurance premiums of government workers. The agency expects to raise PhP62.33 billion in revenues this year, up slightly from revenues of PhP60.02 billion last year. GSIS data showed gross revenues totaled PhP51.56 billion in 2001. This increased to PhP60.25 billion in 2002, but slightly dipped to PhP60.02 billion in 2003. As of end-July, GSIS' net income was PhP18.9 billion. Ms. Boncodin also moved for the selection of only a handful benefits of veterans that can be "reasonably funded" by government.

 

 

Credit rating downgrade looms sans new taxes

By KAREN L. LEMA, Reporter

A Bangko Sentral ng Pilipinas (Central Bank of the Philippines, or BSP) official warned of a possible credit rating downgrade for the Philippines if the government fails to convince the international community that it is serious in fixing its financial woes. Crucial to this is the enactment of at least one revenue measure before the year ends to ensure that the government is able to meet additional obligations that will arise from the planned absorption of the National Power Corporation's (Napocor) debts, Cora Guidote, BSP Investor Relations Office executive director, said in an interview last week. "If nothing happens this year, we would be courting a downgrade," she said.

A credit downgrade makes it more expensive for the Philippines to borrow as it reflects the country's ability to pay its debts. The government, Finance Secretary Juanita D. Amatong said, has adopted a "policy of opportunistic borrowing." "If there is very good price, then we will borrow," she explained. Credit ratings agencies Standard and Poor's (S&P) and Fitch Ratings' long-term rating on the Philippines are at 'BB', two notches below investment grade.

Moody's, meanwhile, lowered the Philippine's long-term foreign currency rating to Ba2 from Ba1 in January primarily due to concerns on whether the government will meet its target of balancing the budget by 2009. A Ba2 rating is also below investment grade with a negative outlook, which means that the debt issuer has substantial credit risk, particularly as a result of adverse economic change. "It is important that the government pass a revenue generating measure because we may have an additional expense next year," Ms. Guidote said. Budget officials said absorbing the cash-strapped utility's PhP500-billion debts will mean an additional PhP36.7-billion interest expense next year, PhP45.5 billion in 2006, PhP48.8 billion in 2007, PhP53.2 billion in 2008, PhP61.2 billion in 2009 and PhP66.3 billion in 2010. The officials admitted the national government's deficit reduction schedule may have to be extended in case the government absorbs Napocor's debt and none of the Palace-proposed revenue measures are passed by Congress. The government aims to wipe out the fiscal gap by 2009. The additional interest expense for next year will raise the government's deficit to PhP220 billion from the PhP184-billion target. The Arroyo administration's proposed PhP907.6-billion budget for 2005 already covers PhP301.69 billion in interest payments, excluding those of Napocor.

LONG WAY TO GO

Of the eight Palace proposed tax proposals, only the tax amnesty bill has so far passed deliberations at the House of Representatives ways and means committee. The House has yet to complete discussions on the use of a performance-related attrition system in government, rationalization of fiscal incentives and indexation to inflation of the excise taxes on tobacco and alcoholic drinks. It has yet to start debates on the proposed two-step increase in the Value Added Tax ( VAT) rate; reimposition of a franchise tax on telecommunication companies; adoption of gross income taxation for corporations and self-employed individuals; and adjustment in the excise tax and tariff on petroleum products.

The Palace-proposed tax measures as well as the government's solutions to address Napocor's financial difficulties are expected to top the agenda of the economic managers as they meet with foreign investors during a two-week road show that will cover Asia, Europe and the United States, Ms. Guidote said. Ms. Guidote said the government's economic managers will also highlight President Gloria Macapagal Arroyo's economic program, particularly the four priority areas of her government, during the road show which will start today. The government team includes Finance Secretary Juanita D. Amatong, Trade Secretary Cesar V. Purisima and BSP Governor Rafael B. Buenaventura.

The Philippines faces tough competition among its fellow Asian countries in attracting foreign investors due to factors such as high power and labor costs, poor infrastructure and rampant corruption. Ms. Guidote earlier explained that the Philippine team will focus on four areas: stabilizing the country's macroeconomic fundamentals, improving the investment climate, reforming the power sector and restructuring the financial sector.

 

 

$1-B bond issue snapped up due to 'cheap' price

By IRIS CECILIA C. GONZALES, Reporter

Market investors snapped up the Philippines' latest $1-billion bond offering because it was cheap, a report of International Financing Review (IFR) Asia said. IFR Asia is a weekly publication for independent news and analysis on Asian domestic and cross-border capital markets. It gives insights into who is issuing, plans for forthcoming issues, and capital market and investment banking trends.

In its September 11th issue, the IFR said that while investor confidence is coming back and the Macapagal-Arroyo government has convinced fund managers it is "finally getting real about its poor fiscal position," the cheap offer price was one that had investors scrambling for a deal. The Philippines on Sept. 9 sold $300 million worth of sovereign bonds or ROPs due 2015 at 8.875%, and $700 million worth of bonds maturing in 2025 at 10.625%. The government set a price guidance of 98 for the 2015 bonds and 106 for the 2025 series. "Investors also piled in because they were offered another cheap deal. The money was raised via taps of the ROP due 2015 and 2025 bonds and both came a couple of price points or so below where the paper was trading the week before. "Once again, hedge funds and prop desks who caught wind of the taps early have made money from shorting bunds in the run up to pricing," the IFR report said. The borrowing was underwritten by Credit Suisse First Boston, Deutsche Bank and JP Morgan Chase. It was four times oversubscribed, which meant that orders for the bonds reached as much as $4 billion.

Based on the prevailing price at that time, the government gave a discount of about a point when it sold the bonds. The next day, the prices of 15 and 25 year ROPs went up by as much as two percentage points. This means that the Philippines lost about $20 million from the deal. The IFR said plenty of real money came in from hedge fund investors, which are also considered low-quality or short-term investors. "For the 15-year bonds, funds, pension managers and insurers took 51%, banks 23%, hedge funds 14% and 12% to retail. For the 25s, 57% went to pension funnds, other funds and insurers, 22% to banks, 18% to hedge funds and 3% to retail," the IFR said.

Finance undersecretary Eric O. Recto has defended the timing of the borrowing, saying that had the Macapagal Arroyo administration issued the bonds at a later time, it would have to compete with Turkey, Brazil, China, Korea, Malaysia, Indonesia. "Despite the cheapness, the country can take comfort from the fact that it has raised a chunky $1 billion for an average of 21 years at a yield under 10%," IFR said. A government official, however, believes that prices could have been better had the Philippines offered the bond after a road show, to be conducted by members of the economic team, that would start this week. "The government usually sells bonds after a road show as investors' appetite is stronger," the official said.

... AND MORE BONDS

In fact, the Philippines, Asia's largest sovereign debt issuer outside Japan, may issue more bonds during a two-week economic road show by senior officials starting on Wednesday. "Our policy has always been to do opportunistic borrowing. If the price is good, then we will borrow," Finance Secretary Juanita D. Amatong told reporters. Ms. Amatong will lead the economic road show in Hong Kong, Singapore, London, New Yorkand Washington. Other officials in the economic briefings for investors included central bank Governor Rafael Buenaventura and Trade and Industry Secretary Cesar Purisima.

The Philippines sold $1 billion of reopened bonds last week, of which $750 million would go to state-owned firm National Power Corporation (Napocor) and $250 million for the government's projected budget deficit in 2005. Manila has completed its foreign funding requirement for its budget and for Napocor this year, officials have said. The government aims to cap its budget deficit at PhP184.5 billion, in 2005 or 3.6% of forecast gross domestic product (GDP). This year, it wants to limit its deficit to PhP197.8 billion or 4.2% of GDP. -- with a report from Reuters

 

 

RP far from Argentina-style crisis, says ex-Cabinet men

While the country's fiscal situation has reached alarming proportions, two former Socioeconomic planning secretaries said the Philippines is not headed for the same financial disaster that befell Argentina. Former National Economic and Development Authority (NEDA) and now Ateneo de Manila University economist Cielito F. Habito said it would be "premature" to liken the situation of the Philippines to Argentina at this point. "Likening ourselves to Argentina at this time is at least premature, if not unfounded. There may indeed be some similarities between our situation now and that of Argentina at the onset of its crisis, but there are more glaring contrasts," Mr. Habito said.

Unlike the Philippine peso, Argentina's currency has been fixed at one peso to one US dollar since 1991. This is in contrast to the Philippines, whose currency, Mr. Habito said, is now even considered undervalued. "Our exchange rate is market-determined and is now even undervalued as it has pushed down by political apprehensions in the market," he said. Prior to the economic fallout in Argentina, he said that country was suffering an "externally-induced" recession that snowballed and were earning less from their exports. "Our economic growth is actually accelerating and we were earning more from our exports at [an average of] $36 billion a year compared to Argentina's $26 billion," Mr. Habito said. "Their government debt amounted to about $141 billion, mostly with short- to medium-term maturities; ours is about $28 billion with maturities averaging 13-16 years," he added.

Also, he said that Argentina's foreign exchange reserves were not enough to finance one month's worth of imports while the Philippines consistently had enough to fund about three to four months' worth of imports. "These dramatic contrasts should reassure us that we are in no way about to slip into an Argentina-style economic crisis. Not yet, anyway," Mr. Habito said. He said the government should reconsider its plans to severely cut down on capital expenditures. "Ideally, we would like to see more of demand growth coming from investment expenditures as these directly lead to further increase in the productive capacity of the economy." He also noted that instead of the six to 10 million jobs being targetted by the government, it should increase its target to two million jobs a year or 12 million jobs for the next six years as an average of 1.9 million people enter the labor force each year.

For his part, former NEDA chief and now University of the Philippines economist Felipe Medalla agrees that the Philippines is not yet headed towards the way of Argentina. "No, I think we're not yet going the way of Argentina. There is hope as we have some officials who are now saying the right things. Even the President is now saying the right things," said Mr. Medalla, who was one of 11 authors of a UP paper which raised the possibility of an Argentina-type economic crisis in the Philippines. To address the consolidated public sector debt, Mr. Medalla pushed for an immediate increase in the tariffs of the National Power Corporation (Napocor) and for the government to absorb its debts. "We now have to bite the bullet. Raising tariffs may raise the value of NPC's (Napocor) assets. If necessary, the government should absorb its debt. The government ends up absorbing it anyway. We might as well make it more transparent and cut our losses."

Napocor -- a government-owned and controlled firm -- is considered the largest contributor in the country's total debts as it owes more than PhP500 billion. Energy undersecretary Cyril C. del Callar said in a presentation in Makati City on Friday that the valuation of Napocor's assets has been declining due to increasing debts, partly due to its failure to collect the real cost of producing electricity. -- Jennifer A. Ng

 

 

VAT rate hike not that effective in raising revenues -- think tank

By JUDY T. GULANE, Reporter

Increasing the value-added tax (VAT) rate, as proposed by the Department of Finance (DoF), will not generate as much revenues as will improvements in tax administration. The Congressional Planning and Budget Department (CPBD) of the House of Representatives noted that a 2% increase in the VAT rate in 2005 will yield only an additional PhP3.1 billion, which will be equivalent to a VAT effort of only 3.1%. VAT effort is the ratio of VAT collections to the gross domestic product (GDP). "VAT collection for 2004 is estimated at PhP152.9 billion, assuming a 13% growth from 2003. A one-time 2% adjustment in the tax rate will yield an additional PhP3.1 billion. This will keep the VAT-collection-to-GDP-ratio at 3.1% as in 2003," the CPBD said in its "Q&A on VAT Rate Increase." "Apparently, increasing the VAT rate alone is insufficient to achieve a 3.6% VAT effort by 2005 as projected by DoF," it added. "Much of the revenues will certainly have to come from improvements in VAT administration."

The DoF has proposed to increase the VAT rate by two percentage points in 2006 if the VAT effort will not reach 3.6% next year, and by another two percentage points in 2007 if VAT effort will not reach 4.1% in 2006. It hopes to collect around PhP20 billion from the two-step increase. The two-step increase in the VAT rate is one of four revenue measures that DoF wants Congress to pass within the year. The other three are the indexation of the excise tax on sin products, a general tax amnesty with submission of statement of assets, liabilities and net worth (SALN), as well as rationalization of fiscal incentives. The congressional think tank noted there are several ways VAT collection can be improved without increasing VAT rates. "The Bureau of Internal Revenue (BIR) needs to intensify its efforts at detecting and eliminating revenue leakages through the Reconciliation of Listing for Enforcement (RELIEF) Program, Tax Mapping, and use of Third Party Information (TIP)." These programs help the BIR identify patterns and discrepancies in taxpayers' records, particularly discrepancies in the sales and purchase reports submitted to them.

For hard-to-tax groups, the CPBD suggested using a presumptive VAT using industry benchmarks. VAT-able industries like hotels and restaurants can pay a minimum 3% net VAT, while wholesalers, distributors and retailers of VAT-able goods can pay a minimum 1% net VAT. CPBD also suggested removing the VAT-exempt and zero-rated VAT status of some individuals and groups. Zero-rated VAT status is a privilege accorded to exporters. They are exempt from paying output VAT but can claim input VAT credits. Among those exempted from VAT are sales involving 27 classes of products and services. "There is a need to review special (VAT) treatments which cooperatives, independent power producers (IPPs) and professionals have enjoyed for some time," the CPBD said. "By removing the VAT-exempt status and zero-rating of these entities/individuals, the National Government can increase its tax collection, minimize distortions and improve overall tax efficiency."

Increasing the VAT rate will only widen the tax differential between among VAT, VAT-exempt and zero-rated VAT members, the CPBD said. "While non-VAT members like lawyers and electric cooperatives are totally exempt from paying 10% VAT, zero-rated members like IPPs are not required to impose 10% VAT on their sales or output VAT, yet they claim tax credit or input VAT on their purchases, which non-VAT members do not enjoy," the CPBD explained. "Considering that practically 30% or about PhP41 billion of potential VAT collection is lost every year, plugging leakages in the VAT system would be sufficient to cover the additional revenues that government expects to collect from the rate adjustment," it noted. "Critics say there is a need to improve VAT monitoring to address under-reporting of sales and abuses in input tax credit claims. Otherwise, whatever additional revenues resulting from the rate adjustment will only tend to further increase the level of VAT evasion," it added.

Along with the high rate of tax evasion, the CPBD noted that VAT effort has been declining in previous years, except for last year. VAT effort was 4.5% in 1997 and 2.9% in 2002. Then it improved to 3.1% in 2003. The increase in 2003 was attributed to increased collections by the BIR. But this increase was not because of improvements in VAT administration but due to VAT imposition on banks and financial institutions. CPBD said the imposition of VAT on banks and financial institutions was deferred for several years "because of intricacies that [needed] to be resolved." The law that granted the deferment expired in 2003, but another law has been passed which now imposes a gross receipts tax on banks and financial institutions retroactive January 2004.

 

 

House asks Senate to give tax amnesty a chance

Legislators in the House of Representatives yesterday asked Senators not to pre-judge the tax amnesty measure. In a statement, Davao City (Southern Mindanao) Rep. Prospero C. Nograles, the chairman of the House committee on rules, and Tarlac (Central Luzon) Rep. Jesli A. Lapus, chairman of the House committee on ways and means, said legislators in the Upper Chamber should "keep an open mind" and wait for the House to finish crafting the tax amnesty bill. The committee report of the House ways and means body on House Bill No. 2933 or tax amnesty bill is scheduled for floor deliberations tomorrow. The committee approved the bill Tuesday last week.

Senator Aquilino Q. Pimentel, Jr. has been quoted as saying that the Senate will block the passage of a tax amnesty bill, but will support a measure that will slap 'sin' taxes on alcohol and tobacco products. Mr. Lapus said he is confident the Senate will appreciate the tax amnesty bill's merits, since this was carefully crafted by the committee on ways and means in collaboration with the Department of Finance. The bill will grant amnesty to taxpayers with unpaid national internal revenue taxes as of December 31, 2003. Those who will avail themselves of the amnesty will be required to submit their statement of assets, liabilities and net worth, pay an amnesty tax equivalent to 3% of their networth, and file an amnesty return with the Bureau of Internal Revenue (BIR). Mr. Lapus said he expects the House to approve the tax amnesty bill before this Christmas.

 

 

Finance dep't warns vs scrapping automatic debt appropriation

The Department of Finance has rejected Senator Miriam Defensor Santiago's proposal to repeal the Automatic Appropriations law to prevent the National Government from absorbing the huge debts of government-owned and-controlled corporations (GOCCs), particularly that of the National Power Corporation (Napocor). "If they want the country to sink, bahala sila [it's up to them]," Finance Secretary Juanita D. Amatong told reporters late last week. Ms. Santiago, vice-chairman of the Senate Committee of Finance, is pushing for the strict scrutiny of the budget allocations and vowed to block the "automatic debt service appropriations." She said she wants a repeal of Presidential Decree 1177 that mandates "all expenditures...for principal and interest on public debt...are automatically appropriated."

Budget Secretary Emilia T. Boncodin has also cautioned lawmakers against the proposal to stop the automatic annual budget allocation for debt service, saying it would make it more difficult for the country to borrow for its financing needs. "Hindi kami payag na alisin ang automatic allocation dahil baka wala nang magpautang sa atin [We won't agree to remove the automatic appropriation provision because, if that happens, nobody would lend to us]," she was quoted earlier as saying. Presidential Decree 1177 mandates the automatic appropriations on debt servicing. The law guarantees repayment of loans, making the country a desirable client to creditors. But as a result, funds that could have been used to finance social services and government projects meant to spur the domestic economy are being diverted to service debts.

A good portion of these debts consist of off-budget items. These are the deficits of GOCCs that have been assumed by the government. It is called "off-budget" since the debts are excluded from the General Appropriations Act or the annual budget. Presidential Decree 1177 or the Automatic Appropriations Law, however, makes the government liable for the GOCCs' deficits. For 2005, the government has allocated PhP301 billion for interest payments alone out of the PhP907.6-billion proposed budget. The figure does not include additional obligation that may arise from the planned absorption of Napocor's PhP500-billion debts.The public sector deficit climbed to a high of PhP244.6 billion last year, up from PhP218.7 billion the preceding year. It also rose to 5.6% of gross domestic product from 5.4% previously. MoPhP315.97 billion or 6.7% of gross domestic product (GDP) by yearend.

MATURING DEBTS

An economic adviser of the President also highlighted the need for the government to present a credible fiscal road map to its foreign creditors so they will agree to roll over some debts that are maturing next year. Albay Rep. Jose Clemente S. Salceda, chairman of the House committee on economic affairs and vice- chairman of the House committee on appropriations, said loans totaling PhP687 billion will mature next year. "A Mt. Everest of debt will only suffocate growth, but it is an avalanche of maturities that will kill you," he said during a forum at the University of the Philippines' School of Economics in Quezon City. "We are in that kind of a situation."

Of the PhP687 billion alloted for the country's debt obligations for 2005, PhP302 billion will go into interest payments while PhP385 billion will go into principal amortization. A total of PhP207 billion will be devoted to foreign debt servicing, "bringing the total foreign refinancing requirements to $4.5 billion, which is so much higher than the average annual $3 billion foreign fundraising from 2001 to 2003," Mr. Salceda said. "The Philippines must submit a credible fiscal road map to justify why foreign creditors should roll it over," he said. "And they would demand more than the usual promises. Planned spending cuts and proposed revenue streams should not only be substantial, they also need to be firm: that is, legislated and forthcoming."

This road map will consist of vigorous fundraising between 2005 to 2007 using new taxes, power rate hikes, government spending cuts, tax collection efficiency measures and the privatization of Napocor. A total of PhP215 billion is to be raised, of which PhP166 billion will come from a "pain package" of new taxes such as the tax on sin and petroleum products, government spending cuts and hikes in Napocor rates. Of the PhP166 billion, PhP76 billion needs to be invested by 2005, PhP57 billion in 2006 and PhP33 billion in 2007. The PhP166 billion "pain package" will deliver a "credibility shock" to the National Government's foreign creditors, leading to credit upgrades for the Philippines.

The National Government has about PhP52 billion out of the PhP76 billion required next year already in place, Mr. Salceda said. This amount will come from a Napocor rate hike, interest savings from the privatization of Napocor, incremental organic economic growth, cuts in the pork barrel and government spending cuts. "With PhP52 billion in place, plus possibly sin taxes by October, we could easily convince foreign creditors to refinance maturing $4.5-billion obligations in 2005," Mr. Salceda said. The National Government has reached a "maturity mix" of loans that gives it very limited options, he pointed out.

Short-term loans presently comprise 29% of domestic debt, while medium-term and long-term loans comprise 44% and 26% of domestic debt, respectively. There are no short-term loans among the National Government°s foreign debts; most of the loans are long-term in maturity. Mr. Salceda said the National Government policy in the past -- what he called as the "Camacho legacy" after former Finance Secretary Jose Isidro Camacho -- has been to push back the maturity of short-term loans. The maturity mix now requires higher interest rates for medium- and long-term loans, in lieu of short-term loans that would have presented a cash flow problem for the National Government. Debt repudiation or debt restructuring, as some groups have suggested notably the Freedom from Debt Coalition, is difficult to do since over 50% of foreign debts has been securitized, Mr. Salceda said. Repudiation or restructuring are also non-options with multilateral creditors such as the World Bank and Asian Development Bank (15%) and bilateral creditors (31%). These options, however, can be explored with commercial banks, but they account for only 2.7% of the National Government's foreign loans. -- Karen L. Lema and Judy T. Gulane

 

 

Study cites urgency of lifting Charter's restrictive economic provisions

The relaxation of restrictive economic provisions should be the focus of efforts to amend the Constitution instead of a change in the current political structure, economists from the University of the Philippines said. In a paper, entitled: "An International Comparison of Constitutional Style: Implications for Economic Progress," economists Gerardo P. Sicat and Loretta M. Sicat said nationalistic provisions in the Constitution that impede the entry of investments in the country should be removed. "The critical problems of the Philippine case are rooted in the need to relax the restrictive economic provisions that prevent economic actors from expanding the economy, and not necessarily along the political directons that those seeking constitutional change want," the paper said.

The authors said the nationalistic provisions contained in the Constitution have hampered the flow of investments into the country."This provision has been in existence for seven decades and has been most difficult to question because it is maintained by an alliance of the ruling classes and many nationalistic elements that favor restrictions," the paper noted. "In today's more constrained environment, lifting these impediments would constitute a major advance in constitutional reform," it stressed.

The 1987 Constitution limits foreign ownership in land and companies engaged in strategic industries to only 40%. Among the industries covered are mining, telecommunications, media, education and public utilities. The study conducted by the UP economists compared the various constitutions of some Asian countries and industrialized economies. It was found that in economies where constitutions contained mostly general principles and was not long and detailed, economic progress had been attained with relative ease. Economies under this category include Australia, Canada, Chile, France, Singapore, South Korea and Hong Kong. "In countries that proceeded from simpler constitutional premises, factors of production were allowed greater movement because they omitted the issue of dealing with their labor and control," the paper said.

Bernardo M. Villegas, dean of the University of Asia and the Pacific's School of Economics, had earlier said the decline in the flow of foreign direct investments into the country is due mainly to the highly protectionist and anti-market provisions that are still enshrined in the 1987 Constitution. "Because of the rather emotional state of the nation after the so-called EDSA revolution which contained a not-too-subtle resentment against the US for coddling the Marcos dictatorship, many restrictions in the form of Filipino ownership requirements found their way in the Constitution," Mr. Villegas earlier said. President Gloria Macapagal Arroyo had, however, called for a moratorium on charter change talks until next year to give the government time to focus on the country's fiscal woes. Her call was supported by the business sector, which has expressed more concern over the country's ballooning budget deficit. But despite the President's moratorium, the House of Representatives committee on constitutional amendments started charter change hearings last week. -- Jennifer A. Ng

 

 

PNOC bullish on Malampaya oil reserves

The Philippine National Oil Company (PNOC) is optimistic a planned review of the viability of the abandoned oil reserves of the Malampaya natural gas project will yield results by mid-2005. PNOC-Exploration Corporation (EC) president Rufino B. Bomasang said his company is in talks with a local group for the conduct of an independent and more exhaustive study on the oil leg. He said they are looking at concluding negotiations with the group by the end of the month. "We're talking to prospective partners, a local group, for the re-assessment. We want to take another look if it is viable. We hope to do that (study) in six to eight months," he said. PNOC-EC was tasked to handle talks with prospective firms to explore for oil in Malampaya. PNOC president Eduardo V. Mañalac said the government wants to exhaust all means to make sure if the Malampaya oil leg is viable or not. The government is offering the oil leg to the industry after the consortium working on it gave up on developing the site's oil reserves.

The Malampaya project is a joint venture of Shell Philippines Exploration BV (Spex), Chevron Texaco and the government through state-run PNOC, which has a 10% stake in it. The Energy department earlier said it would allow other companies to explore for oil in Malampaya if the consortium drops the plan. The site is said to have oil reserves of around 25 million to 30 million barrels. The government said the consortium abandoned the oil leg because the reserves were small. Spex's and Chevron's contract with the government allows it to abandon the project upon its discretion, especially if they no longer find it financially beneficial.

As this developed, PNOC-EC wants a consortium led by Korea Gas Corp. (Kogas) to submit a new, higher offer for half of the government's stake, or 4.9% of its 10% share, in the Malampaya project. Mr. Bomasang said Kogas' last offer was lower than expected and government wants to negotiate for a more acceptable price. The Malampaya consortium is undertaking a $4.5-billion gas-to-power project involving natural gas discovered in northwest Palawan. Located in the South China Sea off Palawan, Malampaya is estimated to contain an estimated 2.6 trillion cubic feet of natural gas. -- B. S. Sto. Domingo

 

 

Palace says Chinese president coming to Manila in June '05

By JEFFREY O. VALISNO, Reporter

Chinese President Hu Jintao has confirmed his attendance as the special guest of the Philippine government during the 30th anniversary celebration of the establishment of diplomatic relations between Beijing and Manila in June next year, Malacañang announced yesterday. President Gloria Macapagal-Arroyo personally invited Mr. Hu during her three-day state visit to China on Sept. 1-3. Mrs. Arroyo said she was looking forward to a successful return visit to the Philippines of the Chinese leader. On her return from China, the President brought with her PhP1 billion worth of agreements and private contracts between Filipino and Chinese business groups.

In a speech at the golden anniversary celebration of the Federation of Filipino-Chinese Chambers of Commerce and Industry, Inc. (FFCCCII) at the Manila Hotel Friday night, the President said she was counting on the federation to help ensure the success of the Philippine visit of the Chinese official. Mrs. Arroyo recalled that during her meeting with the Chinese president he remarked that their previous agreement to increase Philippine-China trade from "practically nothing to $10 billion has been fulfilled." This time around, the new agreements will "increase total (Philippine-China) trade to $20 billion in the next five years," she quoted the Chinese president as saying. In her address before the FFCCCII, the President lauded members of the federation for making the "Philippines your home, both for good times and bad." Mrs. Arroyo said FFCCCII has contributed much to social justice through its donations of school buildings and charitable contributions to worthy causes. "You have much to contribute as well in terms of the traditions and values that the Chinese race is identified with, like business acumen, thrift, hard work, and humility," she added. "These are the same values that have propelled China as the economic powerhouse of our time," Mrs. Arroyo said. "These are the values that have propelled the Chinese community in the Philippines to the very top of our economic ladder. You, the Filipino-Chinese leaders of the business community, are the personification of the thousand-years-old bonds between the Philippines and China." To show the government's gratitude to the Filipino-Chinese community, the President vowed an intensified crackdown against kidnapping and smuggling.

In a radio interview yesterday, Press Secretary Ignacio R. Bunye said Malacañang would closely monitor the Bureau of Customs following the President's two-month ultimatum for newly-appointed Customs Commissioner George Jereos to stamp out smuggling. "The President would be forced to revive the Inter-Agency Anti-Smuggling Task Force if [Mr.] Jereos fails to come up to her expectations. Revival of the task force would mean that she is not satisfied with the performance of the customs commissioner," Mr. Bunye said.

 

 

NTC eyes reorganization to insulate it from politics

The National Telecommunications Commission (NTC) wants to be an independent regulatory body free from political pressures. The commission needs to be reorganized and should wield more police power to be able to operate more efficiently, according to NTC chief Ronald O. Solis. "We are proposing to expand the NTC into a collegial body with one chair and four commissioners with a fixed tenure to insulate the commission against any political pressures, and so the body could function more efficiently," Mr. Solis said.

Under its current setup, the NTC has one commissioner and two deputy commissioners. Mr. Solis was appointed by President Gloria Macapagal-Arroyo in January. The NTC is already working with Cebu Rep. Simeon Kintanar, a former head of the commission, to work on a bill for its reorganization. Aside from the structural changes, the NTC also wants to spend part of the money it generates for the development of the information communications technology. "The NTC would also like to have a natural independence so it would be allowed to use a portion of the revenue it generates," Mr. Solis said.

The NTC earlier said revenues for the first half reached PhP487.7 million, 30.4% higher than the collection it made in the same period last year. It made PhP399 million in the first quarter and PhP88 million in the second quarter. Mr. Solis said the commission expected to generate PhP1.02 billion in revenues for 2004. The NTC is also expecting more than PhP1 billion overdue in supervisory and regulatory fees from telecommunications, broadcast, radio and other communications company. The changes in NTC's plans, according to Mr. Solis, also includes limiting the number of telecommunications carriers in a certain service area to three due to "oversaturation" of lines in many urban centers. This, he says, leaves rural areas underserved when it comes to opening fixed lines.

In 2003, there were 6.5-million telephone lines available while only 3.2 million were subscribed. Regulators said the problem rose following the Service Area Scheme policy which required telecommunications operators to roll out fixed lines in given service areas. To meet deadlines for putting up fixed lines, operators concentrated in urban areas, while the infrastructure was not duplicated in rural areas. Manuel V. Pangilinan, chairman of leading telecommunications firm Philippine Long Distance Telephone Co., said the deregulation only benefitted foreign players, who were free to compete directly with local players. Mr. Kintanar was earlier quoted saying it would "be difficult" to go back to deregulation, but the least the Congress could do was to make regulators more effective by giving the NTC more powers. -- Anna Barbara L. Lorenzo

 

 

52 airlines awarded landing rights in Macapagal airport

By ANNA BARBARA L. LORENZO, Reporter

The Department of Transportation and Communications (DoTC) has awarded 52 airlines landing rights to the Diosdado Macapagal International Airport in Clark Field, Pampanga, which will undergo improvement in the next two years. Aside from the Clark airport, Transportation and Communications Secretary Leandro R. Mendoza said airports at Panglao Island in Bohol, Coron Island in Palawan, and San Fernando in La Union would be developed into regional airports to accommodate flights from Southeast Asia. "In Clark, we have given 52 airlines rights to land. This has been the subject of talks facilitated by the CAB (Civil Aeronautics Board)," Mr. Mendoza said. He did not specify the origins of the airlines awarded with landing rights. So far, only Asiana Airlines is using its landing rights to Clark as it charters passengers from South Korea. "Kaya hindi sila nagla-land sa Clark dahil walang facilities plus ang connection sa Manila mahirap [The reason they don't land in Clark is because there are no facilities plus the connection in Manila is hard]," Mr. Mendoza said.

Clark will undergo a PhP2-billion expansion to turn it into a first-class international airport. The expansion will be in two phases, which would include the upgrading of passenger tubes, air bridges, ramps, and cargo conveyors. The airport improvement is seen to be completed in two years. Mr. Mendoza said by this time, the construction of the North Rail project would also be completed, giving passengers landing in Pampanga better access to Metro Manila. "We are already starting the construction of the North Rail. In two to three years, it will be completed, it time for the total utilization of the airport," Mr. Mendoza said.

The DoTC said the completion of the rehabilitation of the North Luzon Expressway by November would also help improve the connection between Metro Manila and Central Luzon. Meanwhile, Mr. Mendoza said the development to be made in three other airports would be done without local or foreign loans. The PhP2-billion airport in Panglao will be funded by the Philippine Tourism Authority, while the same amount for the Coron airport will be sourced from the Malampaya natural gas income. Mr. Mendoza said there was still no estimated cost for the San Fernando airport, which would just be upgraded, since the study was still on-going. "These are regional airports. International standards but not as big as the international airports. All these will be completed in six years," he added. The Philippines has eight international airports, including the Ninoy Aquino International Airport and the Diosdado Macapagal International Airport. Others are in Laoag, Subic, Cebu, Davao, General Santos, and Zamboanga.

 

 

Peso seen stuck in usual range versus dollar

A couple of dollar boosts and pulls will keep the Philippine peso from leaving its usual range this week, traders said. "The dollar boosts are riding on domestic [Philippine] financial woes. The dollar bears, meanwhile, is offset by the United States' own fiscal deficiencies," one trader said. The peso is expected to open today at around PhP56.20 but the market will be aware of the PhP56.25 resistance. "This will be critical this week. If we see a continuous dollar demand from corporates, the barrier will finally give way and a test of the historical low of PhP56.45 may be felt, not this week but in the very near future again," a trader said.

Still reeling from the effects of high inflation and budgetary woes, the peso thread unstable ground after the resignations of key finance officials. By Monday, the peso hit PhP56.21 against the greenback as National Treasurer Mina C. Figueroa tendered her resignation. Finance Undersecretary Inocencio C. Ferrer on Thursday also quit his post, saying he wants to spare the department from allegations thrown agaisnt him. Mr. Ferrer is the alternate chairman of the Special Presidential Task Force 156 which was accused of not doing its job in investigating the multi-billion tax credit scam. "While their reasons were not connected to policy disagreements, you can't help but come up with speculations. So, let's move on. But who will take over their posts?," a trader asked. Traders said the peso tracks regional currencies' rise but only to some extent. -- Ira P. Pedrasa

 

 

Aboitiz bank raises $125M from foreign debt market

Aboitiz-led Union Bank of the Philippines raised $125 million during its first foray into the international debt markets last week, slightly lower than the original issue size. Victor B. Valdepeñas, UnionBank president and chief operating officer, said the senior debt issuance fetched a coupon rate of 7.25% due on Sept. 24, 2007. "We are satisfied at that level. The proceeds will be used for several lending purposes," Mr. Valdepeñas told reporters. UnionBank tapped Swiss banks Credit Suisse First Boston and UBS as lead managers. International ratings firm Moody's Investors Services has assigned a Ba2 rating to the senior unsecured debt. "The negative outlook is in line with the revised outlook for the country's sovereign ceilings and is not reflective of bank-specific issues," Fe B. Macalino, UnionBank first vice-president and corporate secretary, said earlier.

Moody's cited the following strengths of the bank: extremely strong capitalization, above average profitability, lucrative cash management and payment services franchise providing underlying stability to earnings, low funding costs, and progressive and professionally managed. Early this month, UnionBank told the Philippine Stock Exchange its $150-million senior debt issuance will be used for lending and to refinance maturing obligations. Mr. Valdepeñas said the bank is on track in meeting its targets this year."The numbers are showing that it is achievable. The economy has shown signs of improvement. We have seen the stock market perking up while banks are having beter bad loan ratios," he said. -- Ruby Anne M. Rubio

 

 

General Milling pegs PhP18M in losses from strike

By BEVERLY T. NATIVIDAD, Reporter

General Milling Corp. has pegged losses of more than PhP18 million due to the ongoing labor dispute at its Pasig plant. The dispute between the 190 unionized workers and the management has remained unresolved for five days now and is losing the food company millions in potential earnings for flour alone. Director for corporate affairs Ric M. Pinca said the Ugong, Pasig City plant produces about 180,000 bags of flour a month, or about 6,000 bags a day. At about PhP600 per bag, the food company has already lost about PhP18 million in possible earnings for flour alone with the unresolved strike that has been running for five days."The plant has stopped working, the plant is not operating, it is costing us so much," he added.

Apart from flour, General Milling also produces feeds, corn snacks, soybean oils, meat, pasta, yeast, and coffee products. General Milling's plant in Pasig supplies flour, feeds and corn snacks to the Luzon market. The firm has another plant in Cebu producing flour and corn snacks. The management has not attempted to disperse the picket lines of the 190 striking workers. Mr. Pinca said they are leaving the matter to the Department of Labor and Employment (DoLE). "We don't want to do a violent dispersal. We'd rather DoLE do something about it," he said. "We hope DoLE would take action already and tell them to go back to work."

National Conciliation and Mediation Board (NCMB) conciliator Leonida V. Romulo said the meeting between the management and the workers at the NCMB last Thursday did not resolve any of the issues. She said, another conciliation meeting is scheduled today. On Sept. 15, about 190 workers mounted a strike at the Pasig City plant to protest alleged unfair labor practice of the management. Union President Jun Balmeo said the management had dismissed 25 union workers, suspended 25 more and served memos to 115 other workers after the failure of collective bargaining negotiations. The workers had seized some forklifts and had closed the company gates preventing about 400 other workers from entering the premises. Mr. Pinca said the management is readying to file charges of theft, attemped theft and malicious mischief against the union workers for the damage the strike caused in the plant's facilities. Mr. Balmeo, on the other hand, said the workers will not leave the picket lines until the management returns to the negotiating table.

 

 

iBank public offering gets SEC okay

By ROULEE JANE F. CALAYAG

The Securities and Exchange (SEC) has approved the initial public offering of International Exchange Bank (iBank). With the go-signal from the commission en banc last Thursday, iBank can now push through with its planned initial public offering (IPO) next month with net proceeds seen at PhP846.1 million after offer expenses estimated at PhP78.2 million are deducted. In line with the requirement under the Securities Regulation Code Rule 8 (1) which signals the commencement of the offering within two days after the registration is declared effective, the SEC will issue a pre-effective letter to iBank. After receiving the pre-effective letter, iBank is required to submit the final prospectus containing the timetable of the offering and duly executed underwriting agreement including the affidavit of publication for it to be granted an order of registration. Through the IPO, iBank will sell 8.35 million shares of the 33.35 million it registered with the SEC. This leaves the bank's outstanding shares at 25 million. The shares will be listed on the first board of the Philippine Stock Exchange. The bank provides for an over-allotment option that grants the issue manager and lead underwriter the right to purchase a certain number of shares.

Under the over-allotment option drawn up by iBank and which is exercisable within the offer period, the issue manager and the lead underwriter can purchase up to 2.1 million common shares which shall come from the 8.35 million offer shares. The offer shares will be issued out of the authorized but unissued capital stock of iBank. These will represent 15%-20% of iBank's issued and outstanding common shares once the IPO is completed. However, the representation will be adjusted to 25.04% of the bank's issued and outstanding common shares if the issuer exercises the over-allotment option. Without the over-allotment option, iBank estimates gross proceeds at PhP924.3 million, assuming that 5.34 million common shares will be issued initially at the mid-point offer price of PhP175 per share. But in case 8.35 million shares including the over-allotment of 2.1 million primary shares will be offered, the bank expects gross proceeds to reach PhP1.45 billion. iBank was incorporated on Aug. 17, 1995 as a commercial bank. Its major revenue sources include interest income from loan products, fixed income securities and money market placements; trading revenues from proprietary positions in fixed income securities and foreign exchange; and fee-based income from various services and brokerage activities.

 

 

Quezon City trial court asked to reject Maynilad's rehab proposal

Nongovernment organizations, party-list groups, and a number of taxpayers are asking the Quezon City Regional Trial Court to deny the petition for a new rehabilitation plan for Maynilad Water Services, Inc. In a seven-page comment, it was argued the petition for rehabilitation was insufficient in form and substance as it lacked a liquidation analysis as required by interim rules. Petitioners also said the court has no jurisdiction to approve the rates that Maynilad is seeking under the revised plan. Maynilad, under its revised rehabilitation plan, wants to increase rates to PhP26.98 per cubic meter from PhP19.92. "Jurisdiction to approve the water rates sought to be implemented in the substituted rehabilitation plan is vested with the state-run Metropolitan Waterworks and Sewerage System Regulatory Office (MWSS-RO) after due notice and hearing, and not with this honorable court," the petitioners told the court, citing provision of the concession agreement and the MWSS charter.

Petitioners include Action for Economic Reforms, Akbayan, Freedom from Debt Coalition, Focus on Global South, Alliance for Progressive Labor, and Tala Estates Settler's Federation. Also among the petitioners are Loretta Ann P. Rosales, Emmanuel Joel J. Villanueva, Del R. De Guzman, Marikita Bugarin, Bernadette Lopez, Ma. Teresa D. Pascual, Patrocinio Jude Esguerra III, Mary Ann B. Manahan, Lawrence Dorado, Noel Frontuna, Edwin Delantar, Valentin Beltran, Jr., Mario C. Mendoza, Oscar P. Reyes, Jerry V. Justo, Noel Casimpoy, and Apolonio T. Sanchez, Jr. The petitioners said Section 2(e), Rule 4 of the Interim Rules of Procedure on Corporate Rehabilitation requires that the petition be accompanied by a rehabilitation plan that conforms to the requirements set in Section 5, Rule 4 of the rules.

Under Section 5, Rule 4, the rehabilitation plan should have a liquidation analysis that estimates the proportion of the claims the creditors and shareholders would receive if the debtor's properties were liquidated. However, the petitioners argued the liquidation analysis in the new rehabilitation plan does not include these facts but only an estimated proportion of the recoverable assets. In addition, the substituted rehabilitation plan is contrary to public policy because it absolves Maynilad from the duty of posting a bond in order to secure the performance of its obligations. "The substituted rehabilitation plan does away and absolves the petitioner from such duty. This is evident from its table of operational expenses as [set forth in the new plan]," the petitioners said.

Under the new rehabilitation plan, the government may take over debt-saddled Maynilad from the Lopez family only if MWSS will not find a suitable operator to run it. The Lopez-led Benpres Holdings Corp., following the revised rehabilitation plan submitted to the court last week, will exit as Maynilad's biggest stockholder to pave the way for a new operator. It will need to write off its entire paid-in capital and advances totaling PhP3.4 billion and consequently, its 60% control of the firm. But it will also be completely relieved of all its Maynilad guarantees.

Former Government Corporate Counsel and Justice Undersecretary Manuel A.J. Teehankee earlier said the government was more concerned with getting Maynilad's $120-million performance bond, and whether Maynilad could convince its banks to convert at least $60 million in debts into equity in the company. He said he expected the government to get the money shortly after Judge Reynaldo B. Daway rules on the merit of the revised rehabilitation plan on or before Oct. 4. -- Bernardette S. Sto. Domingo

 

 

Liquigaz Phils. to spend $10M-$15M for expansion

By JENNEE GRACE U. RUBRICO, Senior Reporter

Liquigaz Philippines Corp., a supplier of liquefied petroleum gas or LPG, is set to double the capacity of its LPG terminal in Bataan in line with its expansion plans. In an interview, President and Managing Director Dipankar Pal told BusinessWorld Liquigaz is looking at increasing the capacity of its $50-million LPG terminal to between 20,000 and 25,000 tons from 12,000 tons. He said Liquigaz is looking at spending between $10 million and $15 million over the next two years for the expansion. Liquigaz is a bulk seller of LPG to retailers, oil companies, industries and commercial establishments, and filling stations. It is among the top three suppliers of LPG in the country in terms of market share. The company is a wholly owned subsidiary of the Netherlands-based SHV Group of Companies, the world's largest downstream marketer of liquefied petroleum gas. The group also owns the Makro trade stores. "The investments we have already made are good enough to sustain our current level of business. But although we are among the top three in terms of volume in the Philippines now, there is still a long way to go. We have plans of expanding out storage capacity," Mr. Pal said. The expansion is in line with Liquigaz' plans to expand its market for LPG. Mr. Pal said the company is looking at expanding its market by supplying LPG to malls and various "small time entrepreneurs who we want to support with our product and strike a long-term relationship." He said Liquigaz also plans to deepen its retail business. Currently, the company's retail operations are centered in Luzon and Cebu.

For 2004, Liquigaz projects that it would sell 250,000 tons of LPG to the retail sector. It aims to increase this by 2%-3% in the next two years, with the goal of selling 300,000-350,000 tons to the retail market in 2006. The company is targetting areas in Northern Luzon as its market for the retail operations. "Right now, our volumes are small. But we are planning to [expand] that also over the next two years. We are waiting for some initiatives of the government particularly the LPG bill which will create stability in the cylinder business in the Philippines," he said. He said that if the company ventures into the retail segment, it will put in $4 million-$5 million in investments. The amount would cover the purchase of cylinders and the construction or acquisition of filling centers, Mr. Pal said. "In the Philippines we already have a large number of filling plants which are under utilized. We can always acquire a few of them and upgrade it to our standards," he said. He added, however, the company is still studying if LPG retail sales would compensate for the costs to be incurred in venturing into the retail segment. Mr. Pal said among the investment opportunities the company is studying is the construction of refilling stations for autogas, or LPG used as fuel for motor vehicles.

SHV, the parent company of Liquigaz, sells autogas in Europe. "It is under consideration but right now, we need to see a little more of legislation on autogas and how the market behaves with respect to autogas. We're going to wait and watch. We don't want to be the first initiator on this," he said. Mr. Pal said Liquigaz expects to see a turnaround in its finances this year. Like most independent petroleum players, Liquigaz has been incurring losses since it started operations in 1997. In 2001, the company incurred a net loss of PhP153 million, while in 2002, it incurred net loss of PhP3 million. Last year, the company posted a net loss of PhP12 million. "The outlook for this year is quite positive. We are not thinking of losing anymore," he said, and noted the company is no longer paying for the LPG terminal that it put up in Bataan.

 

 

Cebu water district close to sealing deal with Ayalas

CEBU CITY in Central Visayas -- The Metro Cebu Water District and an Ayala-led consortium are close to finalizing a water supply deal that will provide an additional 50,000 cubic meters of water per day to Metro Cebu households starting 2008. The project will, however, further raise water rates in Cebu, said Ruben D. Almendras, chairman of the Metro Cebu Water District. But he also said it will prevent a water crisis in Metro Cebu. General Manager Armando Paredes said they will need to further raise rates by 15% on top of the rate increase that they will seek starting next month. The group is proposing to increase its rates by 15% next month, another 15% in January and an additional 4.5% in January 2006 to offset projected losses. Mr. Paredes said they will incur additional expenses with the completion of the Carmen project in 2008 because they will have to install an estimated 20-kilometer pipeline from the town of Liloan, the receiving point, to Cebu City. "There will be investment to make before the Carmen project will come in," he said.

The Carmen bulk water supply project, estimated to cost PhP1.86 billion, is an unsolicited build-own-operate proposal from a consortium of Ayala Corp. and Stateland, Inc. The project will extract, treat and deliver 50,000 cubic meters of water per day from the Cantumog-Luyang River in Carmen town, about 40 kms. north of this city, to Metro Cebu households. It is seen to increase the district's water supply by 35%. The Ayala-led consortium earlier expressed hopes that they will be given the contract by the end of the year and construction will start early next year. Components of the proposed project include the construction of a rubber dam, a water treatment plant, booster pumping stations, reservoirs and a 27-km transmission line that will deliver potable water to the group's distribution network. The Environment department had already issued an environmental compliance certificate for the project. Metro Cebu Water District's production capacity from existing raw water supply sources is about 140,000 cu.m. per day. There's still an unserved demand of about 35,000 cu.m. per day. The Carmen water supply project is expected to fill in the supply gap. -- Jun P. Tagalog

 

 

DBP says trading system for SMEs to lower costs

Small- and medium-scale enterprises (SMEs) can soon avail of lower financing cost once an alternative trading system is put in place before yearend. The Development Bank of the Philippines (DBP) filed an application with the Securities and Exchange Commission (SEC) last Aug. 12 for the registration and licensing of its alternative trading system dubbed Marketplace for SME Receivables Purchases. DBP's proposal is an electronic infra-based marketplace designed for the trading of SMEs' receivables from Big Brothers or highly rated companies like San Miguel Corp. It also allows SMEs to sell their receivables outright through a document hub which serves as clearing house where electronic trade documents are passed, authenticated and digitally signed converting such into securities.

The E-Commerce Act of 2000 allows digitally signed documents as equivalent of signed paper documents. The SMEs/trustees are the sellers, big brothers the issuers, and investor participants as buyers. Although SMEs comprise 90% of the domestic economy, DBP said they are usually hard pressed in securing formal financing. Securing financing is difficult for most SMEs because they lack credit history and banking relationships. In turn, banks could not rely on the information presented by SMEs and they could not risk incurring costs just to authenticate credit information. SMEs also are not too familiar with other financial products and they face the risk of repudiation by corporate obligor. Financing of their trade receivables usually comes in the form of short-term, secured, high interest bearing bank loans. DBP is optimistic that with the trading system, SMEs can secure financing at lower cost.

Big firms' electronic authentication of SME trade document commit them to unconditionally pay trade receivables at maturity. DBP told the SEC that this feature will enhance the credit aspect of SME receivables. Upon the SEC's approval of DBP's application, the bank, as market manager, will own, manage and operate the system. Based on a press statement, the alternative trading system will serve as "an electronic venue for the orderly registration and secure trading of digital financial instruments using state-of-the-art technology and straight-through processing". It also aims to reduce financing costs of SMEs by granting easy access to credit. With the system, DBP expects to attract the participation of nontraditional institutional and retail investors. It also hopes to develop "a deeper, more liquid and more secure domestic market for short- and long-term capital". Financial innovations coupled with a deluge of foreign investors in the capital market are expected to result in the development of the system. -- Roulee Jane F. Calayag

 

 

Market correction seen to continue

By ROULEE JANE F. CALAYAG

It may take some time for the benchmark index to change gears as the trend leans more toward consolidation. Corrections are expected to continue for another week or two after the market dwelled in the doldrums over the past four trading sessions. Although the shift to positive territory may be slower, optimism prevails. Philippine Stock Exchange (PSE) president Francis Lim said the market is going to see active participation from investors in the coming days. "Fundamentals look good despite the technical corrections after bullish trading for nine straight [trading] days," he said. On his third day as exchange's president, Mr. Lim believes that the reforms they will be implementing in the coming months will redound to a revved-up market that will be attractive to both local and foreign investors. For his three-year term, Mr. Lim said he will prioritize the establishment of a market integrity board to make the PSE "trustworthy." He also plans to put in motion a set of reforms to "invite quality listed companies and strengthen the [exchange's] experience."

CONSOLIDATION MODE

But these bright prospects may have to take a backseat for now as the market goes into a consolidation mode. "The market moved a little too fast at 1,700-1,750 [referring to a nine-day rally early in the month] so consolidation may last for at least another week or two," said Joseph Roxas, president of Eagle Equities, Inc. The market, he added, will try to "test" the 53-month record close. "I do not think it will break the old high." Benson Te of MDR Securities, Inc. analyzed the technical corrections over the past week as healthy. Other dealers and analysts believe that the spate of profit-taking recently was positive for the market as it looks for a new base to launch a rally. "The market needed those healthy technical corrections so it can keep moving and establish a new momentum," said an analyst.

The PSE composite index (Phisix) lost 70.25 or 4.01% last week. BPI Securities, Inc. said the sell-down was broad-based. Philippine Long Distance Co. (PLDT) led most of the index issues that suffered a price cut. Ayala stocks such as telecommunications firm Globe Telecom, Inc., Bank of the Philippine Islands (BPI), the group's banking arm, conglomerate Ayala Corp. and property developer Ayala Land, Inc. closed lower. Mall developer and operator SM Prime Holdings, Inc. of tycoon Henry Sy was not spared from profit-taking. Even the A and B shares of the Lopezes' Manila Electric Co. (Meralco) and First Philippine Holdings, Inc. experienced a sell-down.

FOREIGN BUYING

Foreign net selling replaced foreign net buying in the past week, which was observed particularly on Globe stocks. A spurt of foreign net buying was noted in International Container Terminal Services. Inc., BPI and Ayala Corp. Dealers are confident that foreign buying will improve over time, boosted by the government's single-handed approach to wipe out its fiscal woes. Some observers said belt-tightening measures should be thoroughly assessed to gauge its immediate effect on the economy. The Phisix reached a 10-year high recently but even this does not seem enough to convince some market watchers that the bourse is headed for a bull run. They likened the market's spectacular performance early this month to a dough "with plenty of yeast in it." Although the Phisix attained a new closing high, this was dismissed as an upward movement with no substantial gains. They expect the market will plummet just as fast as it launched into a rally.

WAKE-UP CALL

The stock exchange's Mr. Lim believes otherwise. He said the market is on the road to a bullish session because the admission of President Gloria Macapagal Arroyo of the country's sensitive fiscal situation served as a wake-up call. "It was a good step," he remarked. But he also admitted that if the government's focused approach to address its problems falters, its repercussions on the stock market would be significant. "The repercussion will be a downward trend," said Mr. Lim. Only the right mix of policies will encourage investors to consider investing in the Philippine market. These may include tighter monitoring of firms listed with the Board of Investments (BOI) which have not yet complied with the requirement of Executive Order 226 or the Omnibus Investments Code of 1987. The code requires BOI-listed firms that have been operating for at least 10 years to list 10% of their capital stock at the exchange. However, only a handful have reportedly complied. The exchange hopes that with the Department of Trade and Industry as well as the Department of Energy, it can lure these firms to list soon. These measures and more, said analysts, may take some time before results could be seen but are steps in the right direction. Gradually these could produce positive results. For this week, however, the market is going to move slowly. "The market is likely to continue with the sideways movement as it is now in consolidation mode," said BPI Securities in its online analysis. The securities firm said the market needs positive corporate news to prop up sentiment among investors. "Investors may wait for the main index to move closer to the 1,600-1,650 range before it comes in for more aggressive bargain hunting," it said.