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A4 COMMENTARY Monday, 29 July 2019 Daily Tribune Yellow rape victim “Philippine Charity Sweepstakes Office was turned into a pigsty by these syndicates and gangsters, the lotto was used to cover up ‘jueteng.’ Daily Tribune WITHOUT FEAR • WITHOUT FAVOR WITHOUT FEAR • WITHOUT FAVOR Chito Lozada Aldrin Cardona Dinah Ventura John Henry Dodson Roy Pelovello Larry Payawal Komfie Manalo Geraldine Datoy Patricia Ramos Board Chair Willie Fernandez Publisher and President Executive Editor Managing Editor Associate Editor Digital Editor Central Desk Editor Central Desk Advertising and Marketing Sometime in November 2010, then President Noynoy Aquino issued Executive Order (EO) 14, which placed the Philippine Charity Sweepstakes Office (PCSO) under the direct supervision of the Office of the President. The lotto operator before that was under the wings of the Department of Social Welfare and Development. The EO stated that the transfer was meant to ensure the effective implementation of the social agenda of the President. From then on, the corruption binge started, resulting in an estimated loss for government of over P7 billion a year. A Department of Justice estimate showed the government has been foregoing P20 million a day just from the Small Town Lottery (STL) program, which jueteng operators used as a front or a camouflage. President Rody Duterte’s men are also checking on suspicions of underreporting of revenues. Last Friday, Rody ordered all PCSO operations stopped due to massive corruption that, according to presidential spokesman Sal Panelo, involved “all players” that should include some of the current officials in the agency. Panelo said the “grand conspiracy” among major players and enforcers of these government-sanctioned gaming activities and enterprises must be stopped from cheating the government of its rightful shares. When he assumed the presidency, among the first moves of Rody was to instruct former Justice Secretary Vitaliano Aguirre II to look into the fraud operations among STL operators. Aguirre’s findings included massive “cheating on the government” as “Rody has only one operators remit only from 10 percent to choice, which 15 percent of their revenues to the PCSO. is to stop The fraud happened since jueteng the illegal operators were allowed by the previous activities regime to also run the STL scheme in within the agency and their localities. thus restore “The government is supposed to have its credibility large revenues, but they were diminished in the process. because of the inaccurate reporting and bad remittance procedures,” Rody said. “As a matter of fact, this Philippine Charity Sweepstakes Office was turned into a pigsty by these syndicates and gangsters, the lotto was used to cover up jueteng. They were granted a right by the previous government and they merged it,” he added. Shortly after winning the presidency, Duterte said that he wanted a “killer” to replace former Cavite Governor Erineo Maliksi, a Liberal Party stalwart, who was charged with graft over the extension of contracts for the lease of lottery terminals without public bidding. “PCSO is a corrupt agency. I am looking for a killer to head this agency. Those bingo games that they hold, the lotto and jueteng, that is the racket,” he said. The crackdown in the operations of PCSO is expected to have a strong impact on the integrity of its betting operations, since the perception would be that all of the gambling operations are tampered with. Rody, however, has only one choice, which is to stop the illegal activities within the agency and thus restore its credibility in the process. The PCSO appears to have been milked dry during the previous administration and its remnants that Rody seems bent on weeding them out. With the ingrained corruption in the agency, Rody’s plan to have it abolished makes a lot of sense. “Why then have a law that rewards even the incompetent, the lazy, the rabble-rousing employee who would be protected by this SoT bill? “Violations of anti-age discrimination laws may come in the form of underhanded methods calculated to encourage older workers to leave their jobs, such as job reassignment. With the presidential veto putting an end to the Security of Tenure (SoT) bill, several senators expressed their disappointment, with some even threatening to refile the vetoed bill, which is a useless move. Joel Villanueva, who pushed for the SoT bill, issued a statement, which slammed last week’s veto by President Duterte, saying that his measure widened the definition of labor-only contracting, prohibited legitimate job contracting, and prevented business from contracting out services without basis. Villanueva and other like-minded senators can be as ferocious as they want, since they are not seeking reelection in 2022, when their second term ends. Villanueva and 11 incumbent senators will all have to retire for three years, and no longer have to kiss the presidential ass until, of course, the new presidential election brings forth a new leader, whom these same current senators will bow to and pledge allegiance to the new president’s paper party and be part of the ruling party that ends with that president’s term. FRONTLINE Ninez Cacho-Olivares Age may just be a number but in reality, it can be a determining factor for employment. It cannot be denied that preference may be given to youthful vigor in certain industries, as opposed to elderly candidates who otherwise possess long experience. On the other hand, employers would often prefer to place in positions of power those who are more senior in their years, than equally if not more qualified, but younger, candidates. The employer has a prerogative and preference in hiring employees, but the law ensures that an employee’s right to equal opportunities is respected. Hence, this article discusses the prohibition on selective age preference in labor and employment. Republic Act 10911, the Anti-Age Discrimination in Employment Act, generally considers as unlawful acts which consider age as a determining factor in hiring, compensation and benefits, separation, and other aspects of employment. Aptly, the law mirrors state policy to promote employment of individuals on the basis of their abilities, knowledge, skills and qualifications, rather than their age. The law frowns upon arbitrary age limitations in employment in order to promote the right of all employees and workers, regardless of age, to be treated equally in terms of compensation, benefits, promotion, training and other employment opportunities. The law cuts no corners for it covers the very start of hiring process, i.e., from the time an employer publishes or sets out a notice of hiring together with a candidate’s minimum qualifications. The employer cannot suggest preferences, limitations, specifications and discrimination based on age in the notice of hiring or any other advertisement for the position. While job seekers are free to place their age and birthdates in their respective information sheets, employers cannot require them to disclose their age or birth date during the application process. Likewise, employers are prohibited from declining any employment application because of Keep politics out That’s the usual route taken by most Filipino politicians, then and now. But it certainly looks like Villanueva has issued his statement to refile his “endo” bill for publicity purposes, since he must know that, even if majority of his colleagues in the Senate join him, for the refilled bill to succeed, the senators must get the House members to refile a complementary bill that will still be vetoed by Duterte. However, even as the senators know that what Villanueva aims to do in his bid to save the SoT bill, he still trudges on, saying, “While we respect the presidential prerogative, we maintain that the grounds of the veto are weak, if not flimsy.” He added that what the Palace did was to conjure up a malevolent ghost to cloak the people with fear. Villanueva also stressed that the presidential veto on the SoT bill reflected the growing problem of misinformation and confusion in government. But it seems that if Duterte is confused and misinformed, Villanueva appears to be even more confused and misinformed because, if the senator truly believes that his bill is not baseless, what he can do is to get House SoT endorsers, as well as the senators together, the required number to override the presidential veto instead of coming up with the cheap political stunt that will lead to his bill and threat getting nowhere. the individual’s age and to discriminate against him/her in terms of compensation, terms and conditions or privileges of employment on account of such age. Needless to say, employers cannot forcibly lay off an employee or worker because of old age or impose early retirement on the basis of such employee’s or worker’s age. The rule covers not just traditional employers, but even labor contractors and subcontractors. In apt cases, even labor organizations are prohibited from declining to accept as its member any person on the basis of his age. As with any rule, the law admits of reasonable exceptions. Hence, age may be a primordial factor for hiring when age is a bona fide occupational qualification reasonably necessary in the normal operation of a particular business or where the differentiation is based on reasonable factors other than age, or when the intent is to observe the terms “Employer cannot suggest preferences, limitations, specifications and discrimination based on age in the notice of hiring or any other advertisement for the position. of a bona fide seniority system that is not intended to evade the purpose of the law. Further, acts with a view to observing the terms of a bona fide employee retirement or a voluntary early retirement plan is excepted, provided that such retirement or voluntary retirement plan is in accordance with the Labor Code, as amended, and other related laws. Violations of anti-age discrimination laws may come in the form of underhanded methods calculated to encourage older workers to leave their jobs, such as job reassignment, giving of unfair performance reviews, withholding of reasonable workplace A lot of these politicians are in it to portray themselves as the saviors of the workers in the country to strengthen their campaign for elective seats in 2022, including outgoing senators like Villanueva, a loyal yellow presidential bootlicker up till 2016, when he and other yellows like him suddenly swore allegiance to the presidential political party. But not to worry, since Villanueva no doubt will again shed his PDP colors and get a new political coat aligned with a new president. In crafting bills, all these legislators appear to think about is their carefully crafted image of being for the people. This particular SoT bill — the laborers, who, even when some of them are clearly incompetent “Villanueva has issued his statement to refile his “endo” bill for publicity purposes. and non-productive and should be given the boot, are given the guarantee of job permanency — will make it almost impossible for management to fire them for cause, or even cause management to close shop, usually due at times to impossible demands. When our Filipino workers go abroad, they have no job permanency, yet they have proven themselves to be very productive workers. Why should they be given the SoT bill in their own country, especially when some workers have proven to be unproductive in their own land? Why then have a law that rewards even the incompetent, the lazy, the rabble-rousing employee who would be protected by this SoT bill? Such a law would definitely have all foreign and even local businessmen shy away from investing in this country. And even labor knows, or ought to know, if they don’t know it yet, that without investments coming in, or businesses closing up, they would be worse off, as they would not only have their jobs, but worse, would no longer have any money to even pay for their SSS, Pag-IBIG and PhilHealth fees, as they have no jobs where management used to foot all these fees. Worst of all, these workers won’t have any money to feed their family members. There has to be a balance reached between labor and management, but definitely, imposing such a one-way SoT bill to get the votes for either their senatorial reelection and a get a fresh mandate after a three-year hiatus is what can really be called a threat to economic growth. Labor and management should learn to give and take and reach a balance by themselves. It can be done if this pesky politics gets out of the picture. Anti-Age Discrimination in Employment Act accommodations, or any other act with a goal of getting older employees to quit while being able to assert voluntariness of such action. In such instances, the concept of constructive dismissal is relevant by way of analogy. Constructive dismissal is defined as quitting or cessation of work because continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution of pay and other benefits. It exists if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him except to forego his continued employment. The test of constructive dismissal is whether a reasonable person in the employee’s position would have felt compelled to give up his employment/position under the circumstances. Hence, if the “voluntary” separation or retirement is not necessarily voluntarily but a by-product of a maneuvering to force an employee to leave based on his age, the employer is not only liable for violation of the Labor Code, but also of RA 10911. If found guilty, the erring party may be punished with a fine ranging from P50,000 to P500,000, or imprisonment of three months to two years, or both, at the discretion of the court. If the offense is committed by a corporation, trust, firm, partnership or association or other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or association or entity. Non-compliant companies may be reported to the nearest regional or provincial offices of the Department of Labor and Employment, where discriminated employees may be given assistance in the filing of cases. A DOSE OF LAW Dean Nilo Divina Email: cabdo@divinalaw.com Published daily by the Daily Tribune Publishing Co., with offices at 3450 Concept Bldg., Florida Street, Makati City • Editorial: (02) 831-0496 • Administration: dailytribune@tribune.net.ph, (02) 833-7085 / (02) 551-5148. To advertise and subscribe: ads@tribune.net.ph, dailytribune@tribune.net.ph, (02) 833-7085 / (02) 551-5148. To submit an opinion article, email opinion@tribune.net.ph. To submit a letter to the editor, email: letters@tribune.net.ph • News: news@tribune.net.ph • Metro: metro@tribune.net.ph • Lifestyle: lifestyle@tribune.net.ph • Business: biz@tribune.net.ph • Sports: sports@tribune.net.ph • PR: pr@tribune.net.ph.
Monday, 29 July 2019 Daily Tribune Look at how new Manila Mayor Isko Moreno rocked the world of local government units (LGU) when he cleared the once problematic Recto and Binondo sides of the ever expanding Divisoria market and its fringes, and see how an example was set among all the mayors to follow. He did not need any new laws to make it happen. He just went and started cleaning, first the main roads and then the arteries. The sidewalks were cleared, too, but there seemed a compromise with the smaller stall owners who were left tiny portions for their trade to continue. But people can move now, with the pedestrians reclaiming what were theirs. The Department of the Local “What makes the order difficult for them to implement, however, is the political implications this would create for them and their ground leaders. Government and Interior (DILG) could not deny having been spurred by Moreno’s action, barely a month since taking over the capital city’s leadership from Joseph Ejercito Estrada. Estrada and Moreno share a lot in common. They were both actors before they became politicians. Ejercito also held promise when he was young. His contributions to the development of San Juan City are tremendous. They even made him the rock star of Metro Manila mayors when he gave his city’s vendors the Agora market and his richer and middle-class folks the Greenhills Shopping Center. Estrada became senator and eventually a President, a short stint at that, but still. Moreno, Francisco Domagoso out of the silver screen, is on the same right track. That is if he will not fall into the trap of corruption laid out before him by the many interest groups dangling their dirty millions to lure the new mayor into returning to the old, uninterrupted ways of chaos. But Moreno said no. He disclosed a P5 million bribe money from the operators of these sidewalk-vending operations, which he said he thumbed down. He would have taken bribe if and when the illegal vendors retake the streets, he said. Pogi points there for the mayor. But he made the others look ugly, if not inefficient and stupid. So, the DILG called them last week and initially gave them 60 days to follow the Manila example. But the DILG felt 60 days are too long; it reset the deadline to clear Metro Manila’s clogged streets in just 45 days. DILG Secretary Eduardo Año, through Undersecretary Epimaco Densing III, said all Metro 45 days President Rodrigo Duterte’s eight-minute video message uploaded on the Internet on the evening of Friday, 26 July, caught the attention of the country and the gambling crazy inhabitants hoping and praying for instant wealth. What called for the late-night announcement? Simple: according to the President, the Philippine Charity Sweepstakes Office (PCSO) eff’d with government. President Duterte ordered the shutdown of all “Thus, the sentiment is that the President is alright with gambling, as long as it is not played by Filipinos. games conducted by the PCSO on the ground of massive corruption. The President said that his order shall take effect at sunrise of the following day, Saturday, 27 July, and from then on, the Philippine National Police and the Armed Forces of the Philippines are duty-bound to physically close all lotto and gaming outlets operating pursuant to licenses issued by the PCSO, and to arrest anyone who will violate said order. President Duterte ended his video saying that the PCSO asked for this, and he is giving it to them. He added that PCSO gave legal gambling to the people to help in the economic activity, but “if you f*ck (expletive) with government, that’s something else.” Living up to his State of the Nation Address (SoNA), where he tirelessly repeated that the problem of government is corruption, the President is walking the big talk he has been making since his election to office in 2016. PCSO has forever been marred with corruption allegations, being the milking cow of corruption among government officials in cahoots with gambling lords. It is a sickness made known during the time of President Erap Estrada, with all the whistleblowing that led to his eventual resignation, more of an ouster. One of the pivotal individuals at that time was Sandra Cam, who interestingly ended up as one of the board members of PCSO appointed by President Duterte. Sandra Cam, a senatorial aspirant back in 2016, must be getting countless missed calls and text messages from media Go back soon GOing FORWARD Christopher Lawrence “Bong” Go Former Special Assistant to the President Christopher Lawrence “Kuya Bong” Go is taking a break from his writing chores. President Rodrigo Duterte’s closest aide will resume writing for Daily Tribune soon. Aldrin Cardona He said Manila mayors were told to rid public roads of obstructions, including illegally-parked vehicles and illegal constructions. A memorandum circular (MC) for this order is being prepared and is expected to be released this week. The LGU leaders, however, do not need to wait for an MC to come out. They are backed by enough laws to implement the order. What makes the order difficult for them to implement, however, is the political implications this would create for them and their ground leaders. Taking off from Moreno’s revelation of the P5 million daily bribe that he was offered even before he assumed leadership of the City of Manila, it is not impossible the other mayors are also on the take from the syndicates’ market operations. The police commanders and their barangay leaders are also said to be part of these operations. The mayors should also take note that these obstructions are not caused by the illegal market vendors alone. There are also “Moreno… is on the same right track. That is if he will not fall into the trap of corruption laid out before him by the many interest groups dangling their dirty millions. illegal jeepney and bus terminals that clog the streets, and they need to be freed up if we want to create a smoother flow of people and vehicles in the metropolis. These extensions of markets in the streets and the illegal terminals go hand in hand. They create the buildup in the volume of people to capture the market. And here, more illegal activities have sprouted. Gangs have flourished in these communities. The challenge now is with the LGU leaders. It will take much of the money some of them used to receive as grease. But it’s time they do their job right. She said Dinah S. Ventura Mayors in Metro Manila cities have a humongous task at hand, and they have to do it in 45 days — not 60 as originally planned. The Interior department, in giving mayors of Metro Manila and other highly urbanized areas a deadline to clear illegal structures from roads, is either highly confident in their abilities or is testing them for efficiency and effectiveness as leaders. I prefer to think it is the latter. For too long, many local leaders have held sway in their cities or municipalities, and people often quietly complain that nothing much ever changes after the terms (sometimes multiple terms even) of these officials are over. Usually, what people see are better circumstances — not “The job, although not easy, can be accomplished. Manila Mayor Isko Moreno had shown it can be done in his first few weeks in office. for them or their town but for the so-called public servants’ lives. Suddenly, the mansions go up with a garage full of luxury cars. The person who wore simple T-shirts and shook their hands could no longer be approached, now flanked by bodyguards and covered in red tape. So, this is it, mayors! Now is the time to show that you can get things done, that you actually try to keep those promises you made to your constituents. The job, although not easy, can be accomplished. Manila Mayor Isko Moreno had shown it can be done in his first few weeks in office. That was no doubt a major impetus for the recent memorandum which, in turn, stemmed from President Rodrigo Duterte’s State of the Don’t eff with government reporters requesting for an interview. It is a no-brainer that she will have a ton of things to say about this after all the whistleblowing she has done since her appointment to the PCSO. Let us just say that her addition to PCSO has made life in this state-owned office more colorful. We can recall her exposure of the lavish 2017 Christmas party of PCSO that merited the holding of congressional inquiries and brought out her dirty laundry against former PCSO general manager Alexander Balutan in the public. President Duterte eventually fired Balutan, but Cam did not survive the melee unscathed, since she ended up in a word war with Rep. Arnie Teves that led to a House Resolution calling for her removal, signed then by 48 solons, and her old foe, Pampanga Governor Lilia Pineda and husband Bong Pineda. Though the involvement of Cam in the stoppage of PCSO-related activities is unconfirmed, a betting man will say that it Resume PCSO for medical care Dear Editors, President Rodrigo Duterte’s order to stop the operations of the Philippine Charity Sweepstakes Office (PCSO) was surprising. The PCSO is among the government’s direct links to the people. Closure of the agency was the least expected from the government, but it is what it is. Not a few hoped of becoming instant millionaires, and I am included in that long list of Filipinos searching for an easy way out of poverty. Like in any country which has lotto, it gave the people hope. I used to bet my future with the few bucks I placed on certain numbers. Once, I won the prize for five numbers and the money I earned — then still untaxed — went a long way to fund my children’s tuition and other important needs. Winnings have been scarce since then. But I still hoped of getting that big win someday. My hopes were dashed with the President’s announcement of the PCSO closure, however. The PCSO is not just a gaming agency. Its earnings get to fund the government’s medical programs and others. I am a witness to the long lines of desperate Clean-up COMMENTARY A5 Nation Address that urged authorities to “reclaim thoroughfares that are being used for private ends.” This means local chief executives must have a full inventory of roads and how they are being currently used. Then they must draw up a plan to clear those that are not serving their true purpose. That is the easy part. What will really test the leadership is implementation. It will be a matter of political will or a strong gut. Mayor Isko came against plenty of forces who used to thrive on the existence of illegal vendors, for one. His refusal to get bribed (in “Our minds had been conditioned to believe that public roads can be taken over, that grime and lack of space are part and parcel of city life. shocking amounts, by the way) led the way to clearing up many streets in the country’s capital — a fact that amazed ordinary folks who thought traffic, chaos and garbage were facts of life in the city of Manila. Bribery, he is quoted in some reports, had been the great blockage to our cities’ progress. But like other illegal structures on our streets, the corrupt system can also be broken down and taken away. “Pwede naman pala i-clear (It can be cleared after all),” Interior Secretary Eduardo Año said. It is a statement that shows just how much we had learned to live with all the wrong things for so long. Our minds had been conditioned to believe that public roads can be taken over, that grime and lack of space are part and parcel of city life, that traffic is part of the drama and that solving all these is next to impossible. “Pwede naman pala.” So, it is possible. Isko Moreno put his foot down and started cleaning up the city as he promised all throughout his campaigning. After he won, he didn’t stop going around to see for himself that this was being done. He pleaded to Manileños to cooperate and do their part, explaining to them that things will remain the same if not everyone changes for the better. This is also key to the success of the Metro Manila plan to reclaim public roads and help ease traffic in the cities: cooperation, concerted effort and plenty of cojones! is without a doubt. For the meantime, we shall await the next announcement of the President on this matter, which Malacañang said will pinpoint the specific individuals from PCSO involved in the alleged widespread corruption that allowed certain groups to corner huge juicy contracts with the government. It is common talk that PCSO-issued franchises on STL are given per region, and the word on the street that certain big individuals hold on to these for sale to would-be buyers that are sometimes foreign nationals with local dummies as front. But then again, not all gambling operations are abhorred by the President. If we recall, during the SoNA, President Duterte was all “PCSO has forever been marred with corruption allegations, being the milking cow of government officials in cahoots with gambling lords. praises with Philippine Amusement and Gaming Corporation and he even told PAGCOR chairman Andrea Domingo to continue gambling to keep raising funds for the government. His exact words: “Magpasugal ka pa.” Thus, the sentiment is that the President is alright with gambling, as long as it is not played by Filipinos, since the huge windfall brought in by PAGCOR was through its Philippine Offshore Gaming Operations where players are overseas, particularly from mainland China. This is the problem in government agencies that are involved in fiscal revenue. The Bureau of Customs is perhaps the most corrupt agency, and the President has been dealing with this recently by his removal of identified corrupt officials from its operations. The Bureau of Internal Revenue was recently exposed with the entrapment of BIR officials from Pasig where bags of money amounting to P75 million were seized. These are good achievements. However, these will only temporarily fix the problem. What is needed is a more thorough reform designed to change a corrupt system in revenue-generating government offices. For now, massive investigation must be done to unweave the massive corruption in PCSO. Moral of the story: Don’t eff with Duterte’s government. Filipinos seeking a lift for their family members’ medical care. They will be like orphans now without government support. Maybe the President will reconsider his decision. Not a few could be behind Mr. Duterte in cleansing government of corrupt officials. But closing the PCSO and denying the Filipinos of their hopes — for medical care and if I could be selfish, of becoming a millionaire — could not be the answer to this. He can fire all the corrupt officials, not only in the PCSO, but the rest of the bureaucracy, but he can still keep his direct line to the people open. Gerard Edwin Costales Driod St, Cubao, Q.C.
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