Vous êtes sur la page 1sur 40

1ST TOPIC: Philippines should adopt a National ID system now

1) National ID system
By: Artemio V. Panganiban - @inquirerdotnetPhilippine Daily Inquirer / 12:14 AM June 12, 2016

The Foundation for Economic Freedom (FEF), an organization of eminent economists, recently asked for
the institution of a national ID system to promote inclusive growth, and to safeguard peace and order.

Advantages of ID system. The FEF believes that the national ID system will, among others:
1) promote financial inclusion because it will enable many poor and unbanked Filipinos to open bank
accounts, something not possible without a government-issued ID;
2) help the government identify the beneficiaries of welfare services;
3) deter identity fraud online and offline, thereby enhancing e-commerce; and
4) prevent criminals from faking their identities.

This proposal reminds me of Ople vs Torres (July 23, 1998) and KMU vs Neda (April 19, 2006). In the
first case, the President issued on Dec. 12, 1996, Administrative Order 308 (AO 308) establishing a National
Computerized Identification Reference System for the entire country. This ID system was intended to
reduce, if not totally eradicate, fraudulent transactions in government and private transactions.

Despite the good intentions of the President, the Supreme Court voided AO 308 for being unconstitutional,
it being ultra vires or beyond his powers to issue.

In the second case, Executive Order 420 (EO 420) directed all government agencies and government-owned
and -controlled corporations to adopt a common multipurpose ID system to reduce costs, to provide greater
convenience for those transacting business with the government, and to prevent the use of false names and
identities.

Requirements for constitutionality. In contrast with the first case, the Court, in KMU vs Neda, upheld the
validity of EO 420. Why? Let me quote the answer from its decision, ably written by Justice Antonio T.
Carpio:

EO 420 applies only to government entities that already maintain ID systems and issue ID cards pursuant
to their regular functions under existing laws. EO 420 does not grant such government entities any power
that they do not already possess under existing laws. In contrast, the assailed executive issuance in Ople v.
Torres sought to establish a National Computerized Identification Reference System, a national ID system
that did not exist prior to the assailed executive issuance. Obviously, a national ID card system requires
legislation because it creates a new national data collection and card issuance system where none existed
before.

Equally important, EO 420 limited the data to be collected and recorded under the uniform ID system to
only 14 specific items: 1) name; 2) home address; 3) sex; 4) picture; 5) signature; 6) date of birth; 7) place
of birth; 8) marital status; 9) name of parents; 10) height; 11) weight; 12) two index fingers and two
thumbmarks; 13) any prominent distinguishing features like moles; and 14) tax identification number.

As a guide for legislators, the Court further explained: What require legislation are three aspects of a
government-maintained ID card system. First, when the implementation of an ID card system requires a
special appropriation because there is no existing appropriation for such purpose. Second, when the ID card
system is compulsory on all branches of government [and] on all citizens whether they have a use for
the ID card or not. Third, when the ID card system requires the collection and recording of personal data
beyond what is routinely or usually required for such purpose, such that the citizens right to privacy is
infringed.

Read more: http://opinion.inquirer.net/95163/national-id-system-federalism-102#ixzz4h4W7DujV


Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

2) National ID system

By: Raul J. Palabrica - @inquirerdotnet


Philippine Daily Inquirer / 11:22 PM May 31, 2015

THE HOUSE of Representatives recently approved on third and final reading House Bill No. 5060 (or the
proposed Filipino Identification System Act) which requires all Filipinos, whether residing in the Philippines
or abroad, to apply for registration and issuance of a national identification card.
The ID card shall bear the cardholders photo, name, signature, birth date, gender, date of issue, serial number
and such other data that may be deemed necessary by the Philippine Statistics Authority.

The card, which is required to be made of tamper-proof security material, shall be non-transferable and valid
for life.

It may be replaced only (a) when a child becomes of legal age at 18 years old; (b) there is a change in name
or family name by virtue of a court order or application of law, such as a woman who adopts her husbands
surname; (c) in case of loss or destruction; and (d) for other revisions deemed necessary by the cardholder,
e.g., changes in facial features due to age or medical intervention.
Filipinos living abroad would have to apply for the card at the Philippine Embassy or consular office nearest
to their place of residence.

The card shall be required for all government transactions, such as, application for drivers license and
passport; availment of benefits from the Social Security System (SSS), Government Service Insurance System
(GSIS), Philippine Health Insurance Corp. (Philhealth), Home Development Mutual Fund (Pag-ibig), and
clearance application with the National Bureau of Investigation, Philippine National Police and the courts.

Legislation

Its been almost two decades since the government first initiated the establishment of a national ID system.

In 1996, then President Fidel Ramos issued Administrative Order No. 308 adopting a National Computerized
Identification System.

Unfortunately, the order was declared unconstitutional by the Supreme Court on the ground that legislative
approval is required for the scheme.

Learning from this reversal, then President Gloria Macapagal-Arroyo issued Executive Order No. 420
requiring all government agencies and government-owned and -controlled corporations to harmonize their ID
systems.

This time, the program passed muster. The tribunal upheld its validity because it applies only to government
agencies that issue ID cards as part of their functions and its issuance is within the power of the president to
promulgate.

The order gave rise to the Unified Multi-Purpose ID Card (UMID) that is issued to the members of SSS, GSIS,
Philhealth and Pag-ibig.

This exclusivity feature has left out millions of Filipinos, i.e., the self-employed, the unemployed, minors
and those working abroad, from the coverage of the government ID system.

Identification

The opposition to the proposed national ID revolves principally on the perceived threat to security and
violation of privacy by the governments collection of personal information.
The bill addresses these issues by imposing penal sanctions on the unlawful disclosure of information and
records obtained in relation to the application for the ID card.

Admittedly, the proposed ID card is susceptible to abuse or misuse by corrupt government officials or the
cardholder himself. And so are many other government licenses, permits or similar documentary issuances.

Even developed countries suffer from the same problem. The only difference is they are able to catch the
guilty parties faster and make them pay for their crimes.

There will always be an evil genius who can come up with ways and means to game a government program
for selfish purposes. But this fact of life should not paralyze the government to inaction.

To address this issue, the bill provides for sanctions for the misuse or abuse of the ID card system.

Although the security and privacy concerns are valid, we should not lose sight, however, of the benefits or
advantages of having a uniform computerized system of identification of Filipino citizens wherever they may
be.

Facilitation

At present, the rule of the thumb on identification in public and commercial transactions is the presentation
of at least two government-issued ID cards that bear the photo of the cardholder.

Until the UMID card came about, a persons government-issued ID cards (depending on his livelihood,
profession or age) would be any or all of the following: SSS, GSIS, Philhealth, drivers license, voters ID,
senior citizen, and Professional Regulation Commission.

For Filipinos who are not qualified to carry any of the ID cards mentioned, the government-issued ID card
available to them is the postal ID issued by the Philippine Postal Corp., the former Bureau of Posts, which
costs at least P400.

Too bad if the person transacting business can present only one government-issued ID card. He would have
to scrounge for another document, for example, a Meralco or PLDT statement of account, to further prove his
identity.
The proposed national ID card is aimed at consolidating all government-issued IDs into an integrated and
credible identification system. Properly used and bearing the security features to make it tamper proof, this
ID card will go a long way in facilitating commercial and government transactions in our country.

With the Lower Houses approval of the bill, the ball is now in the court of the Senate. It can come up with
its own version or adopt the bill in all respects to expedite its enactment into law.

Hopefully, the senators will not sit on it and consign it to the legislative dustbin.

For comments, please send your email to rpalabrica@inquirer.com.ph.

Read more: http://business.inquirer.net/192804/national-id-system#ixzz4h4X6FU8H


Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

3) Senate Bill No. 1163 - National I.D System


http://www.nenepimentel.org/index.php?do=view&page=bills&id=124
An Act Establishing the Philippine National Identification System
14th Congress of the Philippines)
of the Philippines )
Third Regular Session )
SENATE
S. B. No. 1163
Introduced by Senator Aquilino Q. Pimentel Jr.

EXPLANATORY NOTE
This bill proposes The national identification card which will serve as the official identification of
a Filipino citizen or alien permanent resident dealing with department, bureau, agency, or office of the
government or any government-owned or controlled corporation, firm or establishment, including, but not
limited to government financial institutions.

The national identification card will do away with the need to present other documents required for
identification purposes. It intends to facilitate, for instance, the issuance of passports and other official
documents required by our citizens from the Government. It will make the payment of fees and the
collection of taxes much easier and efficient. Election fraud, which is national scourge, can be eliminated
with the use of a national identification card.

The urgency of the passage of this bill cannot be gainsaid.

AQUILINO Q. PIMENTEL JR.

AN ACT ESTABLISHING THE PHILIPPINE NATIONAL IDENTIFICATION SYSTEM

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. This Act shall known as the National Identification system Act of 2004.

SECTION 2. Duty of the National Statistics Office. Within six (6) months from the approval of
this Act, the National Statistics Office (NSO) shall administer the national identification system specified
in this Act.

SECTION 3. Registration. All citizens and aliens of legal age permanently residing in the
Philippines shall, within one (1) year from the adoption of a national identification system, apply for a
national identification card at the Office of the Local Civil registrar of the city, municipality or province
where they reside.
The parent or legal guardian of a minor or an incompetent person shall file on behalf of the minor
or incompetent person an application with the Office of the Local Civil Registrar of the city, municipality
or province where the minor or incompetent person resides within the same period. Every child born after
the adoption of a national identification registration system by the NSO shall be registered by the parent or
legal guardian of such child within (30) days after the date of his or her birth being born.
No accredited official of a foreign government recognized by the Republic or a member of his
official staff and family unless they are citizens of the Republic shall be required to have a national
identification card.

SECTION 4. Purpose of Identification Card. The national identification card shall serve as the
official identification of a Filipino citizen or alien permanent resident when dealing with any department,
bureau, agency, or office of the Government or any government-owned or controlled corporation, firm or
establishment, including but not limited to government financial institutions. No other official document
shall be required by a government agency of a national identification card holder dealing with it or for the
authentication of any official document that requires the services of notaries public.
SECTION 5. Form and Content. The national identification card shall contain the following data:
the name, age, date and place of birth, citizenship, name of spouse, residence (both permanent and
temporary), occupation or profession, place of work or office address, thumbprint, signature and the
photograph of its holder. It shall also have a permanent serial number for every national identity card holder.
The information given by every applicant for a national identity card shall be under oath. Anyone
who provides false and misleading information in securing a national identification card shall be liable for
prosecution under the provisions of the Revised Penal Code.

SECTION 6. Change of Personal Status and Residence. Any change in the citizenship, status or
residence of a national identification card holder shall be reported by the card holder to the proper Local
Civil Registrar within sixty (60) days after the change occurs.

SECTION 7. Penal Provisions. Any person who fails to comply with the requirements of this Act
shall be punished with a fine not exceeding ten thousand pesos (P 10,000.00) or imprisonment of not more
than six (6) months, or both, at the discretion of the court.

SECTION 8. Implementing Rules and Regulations. - The NSO shall promulgate such rules and
regulations as are necessary to implement the provisions of this Act.

SECTION 9. Appropriations. The amount of five hundred million pesos (P500,000,000.00) is


hereby authorized to be appropriated out of the funds of the National Treasury not otherwise appropriated
as operating funds of the NSO for this purpose. Thereafter, funds sufficient to carry out the objectives of
the Act shall be appropriated every fiscal year in the General Appropriations Act.

SECTION 10. Repealing Clause. Any provision of law, decrees, orders, rules and regulations
contrary hereto is hereby repealed or modified accordingly.

SECTION 11. Effectivity. This Act shall take effect fifteen (15) days after its complete publication
in the Official Gazette or in at least two newspapers of general circulation, whichever comes earlier.

Approved,

4) The national ID system


A LAW EACH DAY (KEEPS TROUBLE AWAY) By A LAW EACH DAY (KEEPS TROUBLE AWAY)
by Jose C. Sison | Updated October 21, 2002 - 12:00am
The proposed national identification system as a security measure or a "tool" to combat criminality and
terrorism is not a bad idea at all especially at this day and age. To be sure, the plan may also be useful in
facilitating delivery of basic services. In 1996, a similar plan was also adopted.It was denominated as a
"national computerized identification reference system" ostensibly for a purpose that has nothing to do at
all with the problems of national security and criminality confronting the present government although they
were already existing then. But such plan was shot down before taking off the ground. It encountered a lot
of objections because in reality it was likewise designed and adopted as a security measure that gives the
government the "power to compile devastating dossier against unsuspecting citizens."

But this time and at this stage, any objection to the present proposal is premature.It is still on the drawing
boards. The objections raised in the 1996 ID system, that led to its being declared null and void by the
Supreme Court, are either non existent or can still be avoided.

The 1996 "National Computerized Identification Reference System" was invalidated by the Supreme Court
on two main grounds: "one, it is a usurpation of the power of Congress to legislate, and two,it impermissibly
intrudes on our citizenry’s protected zone of privacy."(Ople vs. Torres G.R.127685 July 23,1998)

The Supreme Court(SC) declared the said 1996 ID system as a usurpation of legislative power because it
was adopted only by means of an Administrative Order issued by the President( A.O. 308).According to
the SC,the President can issue administrative orders, rules and regulations only in the exercise of
administrative power.And administrative power is only concerned with the work of applying policies and
enforcing orders as determined by proper governmental organs to enable the President to fix a uniform
standard of administrative efficiency and check the official conduct of its agents.An administrative order is
an ordinance which relates to specific aspects in the administrative operation of the government.The
national ID system established byA.O.308 redefines the parameters of some basic rights of the citizenry
vis-a-vis the State; it imposes a duty on a citizen to get an ID before he can be given the right to deal with
government agencies delivering basic services. So it deals with a subject of general concern or common
interest that should be covered by law enacted by Congress.It can not be covered by a mere administrative
order.

With respect to the present national ID system being proposed, the President has already announced in no
uncertain terms that its adoption needs the act of Congress, not a mere administrative order.So it will not
certainly go the way of the 1996 ID system because the first constitutional objection has been properly
addressed and eliminated.Its adoption will no longer be a usurpation of the Congressional power to legislate.

The second and more important constitutional objection is the violation of the right to privacy. This is the
main concern of Congress as it proceeds in the enactment of the law. According to the SC in the same case
of Ople vs. Torres supra, although a law may have been impelled by a worthy purpose, it must "satisfactorily
show the presence of compelling state interest and it must be narrowly drawn to preclude abuses".
The compelling state interest in the proposed ID system has been openly disclosed.The government has
been honest enough to say that it is designed in the interest of national security, or to put it more bluntly, as
a tool to "crackdown" on crime and terrorism.The government did not conceal its intention despite being
aware that the proposal may encounter objections precisely because of the dangerous tendency to
indiscriminately invoke "national security" to justify abuses.Such openness is therefore a clear sign of its
sincere desire to preclude any abuse; or at least its assurance that the danger of abuse will be properly
addressed and minimized.

In the defunct 1996 ID system, the goal was sugarcoated apparently to forestall possible objections. A.O.
308 was promulgated purportedly (1) to provide our citizens and foreigners with the facility to conveniently
transact business with basic service and social security providers and other government instrumentalities
and (2) to reduce, if not totally eradicate fraudulent transactions and misrepresentations by persons seeking
basic services. Whether these interests are compelling enough is still open to question, according to the SC.
But what is not doubtful is the " broadness,the vagueness, the overbreath of A.O. 308 which if implemented
will put our people’s right to privacy in clear and present danger".

The proposed bill for the planned national ID system must therefore carefully steer clear of the objectionable
features of the previous administrative order on the same subject that was invalidated by the Supreme Court.
And more importantly, it must not breach the inviolable boundaries around the zones of privacy accessible
to every citizen. (To be continued)

5) https://www.pinoy-ofw.com/news/25826-filipino-national-id.html

DISADVANTAGES OF ID SYSTEM:
6) National ID system described as threat to privacy
By: DJ Yap - Reporter / @deejayapINQPhilippine Daily Inquirer / 06:04 PM October 08, 2014
MANILA, PhilippinesA proposed national ID system pending approval in the House of Representatives
will threaten the privacy of ordinary citizens, a party-list lawmaker warned on Wednesday.

Bayan Muna Rep. Carlos Zarate said the National ID System Bill or House Bill 5060 would be a threat
to the security of personal information, and possibly place citizens at risk.

A national ID system will make it mandatory for all to submit personal information to be aggregated into
a single dossier which, if compromised, places the Filipino people at very high personal risk, he said in a
statement.

In the current state of our country that even our automated elections, down to the indelible ink, was deemed
unreliable, what more of the personal information of every Filipino? he said.
The bill was approved by a panel composed of the committees on revision of laws and on appropriations
on Friday.

It aims to consolidate all existing government ID systems into one-integrated and efficient identification
body, according to revisions committee chair Marlyn Primicias-Agabas and appropriations committee
chair Isidro Ungab.

The authors said the bill will institutionalize a national information card for all Filipinos that would ensure
facilitation and streamline government transactions, and help promote a progressive society through an
efficient delivery of basic services.

The bill also identifies the Philippine Statistics Authority and the Department of Foreign Affairs as the
implementing agencies tasked to create and maintain a Filipino Citizen Registry.

Zarate said the objectives of the bill do not outweigh the risks.

Anyone can cite all the good intentions this bill may have, but it lacks foresight, he said. Can our current
systems, already weighed down with problems, bear up sufficiently under the requirements of such an
implementation involving sensitive personal information? We cannot risk our peoples security to
misaddress the problem of bureaucratic inefficiency.

Zarate said the biggest problem of such a national ID system was security.

The bill looks up to the national ID systems of other countries such as the US, but we all know about the
horror stories of CIA [Central Intellgence Agency] surveillance and mishandling, he said.

There were two unsuccessful attempts to launch a national ID system during the presidencies of Gloria
Macapagal-Arroyo and Fidel V. Ramos.

Read more: http://newsinfo.inquirer.net/643455/national-id-system-described-as-threat-to-


privacy#ixzz4h4cHgnMu
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook
7) Filipino Identification Card for all Pinoys taking shape
02-October-2014, 08:37:27 AM
The House Committee on Revision of Laws and the Committee on Appropriations have endorsed for
plenary approval the proposed "Filipino Identification System Act" contained in substitute HB 5060.

"The proposed Act shall gradually concert and consolidate all existing Government initiated identification
system into one-integrated and efficient identification system," stressed Committee of Revision chairperson
Marlyn Primicias-Agabas and Appropriations chairman Isidro Ungab.

HB 5060 is in substitution of four separate but similar original measures - HB No. 11 authored by Reps. Al
Francis Bichara, Elisa T. Kho, Rodel Batocabe, Christopher S. Co. Anthony del Rosario and Ferdinand L.
Hernandez; HB 489 filed by Reps. Rodolfo Biazon with Co and Batocabe; HB 2243 introduced by Reps.
Gloria Macapagal-Arroyo and Gavini "Apol" C. Pancho; and HB 2249 by Reps. Rufus Rodriguez, Maximo
Rodriguez and G. Pancho.

Underscoring the necessity for said single national ID system, the authors said HB 5060 will institutionalize
a national information card for all Filipinos that would ensure facilitation and streamline government
transactions, and help promote a progressive society through an efficient delivery of basic services.

The proposed statute identifies the Philippine Statistics Authority, together with the Department of Foreign
Affairs as the implementing agencies of the program, tasked to create and maintain a Filipino Citizen
Registry.

It is important to note that HB 5060 assures protection against unlawful disclosure of information and
records obtained in relation to the application for the national ID.

Likewise, the measure provides for penal sanctions, ranging from P50,000 to P500,000 or imprisonment of
from six (6) months to two (2) years or both, for knowingly using false information in applying for the
issuance of Filipino ID, for wilful and unjustifiable refusal to accept, acknowledge and recognize the
Filipino ID, and the act of connivance by a public official or employee in committing the aforementioned
acts, the authors said.

Section 4 of HB 5060 states: xxxx Every Filipino, whether residing in the Philippines or abroad is
mandated to register personal information required by the ID system and upon application shall be issued
a non-transferrable Filipino ID card with an ID number that shall be valid for life, subject to replacement
only under the following circumstances:
(A) When a child reaches the legal age of eighteen (18) years old;

(B) when there is change in name, family name by virtue of court order or by application of law, such as
married woman who adopts the surname of the husband;

(C) for lost or destroyed ID cards;

(D) For other revisions that may be deemed necessary by the card holder such as changes in the facial
features due to age or medical intervention."

Likewise, Filipino cardholders, upon reaching the age of sixty (60) years old are required to renew their
Filipino ID card, free of charge. The Filipino ID card shall be made of tamper-proof security material. It
shall have on its face the imprinted photograph, name, birth date, gender, date of issue, signature of owner,
the corresponding individual serial number issued by the PSA and such other date as may be deemed
necessary and shall also have the capability to store at least the biometric data of the individual cardholder.

The initial application and issuance of the Filipino ID card shall be free of charge as part of the
governments social service responsibility, but a replacement fee shall be paid by the cardholder. Funding
for the implementation shall be included in the appropriations of the PSA and the DFA in the General
Appropriations Act.

The pertinent details for applicants with pre-existing government issued ID card shall be utilized and
honored as reference in the issuance of the Filipino ID card. When the ID system becomes operational,
every Filipino residing in the Philippines shall apply for the registration and issuance of the Filipino ID
card at the office of the Local Civil Registrar of the city or municipality where one is a resident.

Likewise, every Filipino residing abroad shall apply for registration and issuance of the Filipino ID car at
the nearest Philippine Embassy or Consular Office of the country where they are residing.

The PSA, through the Local Civil Registrar (LCR) or the Philippine Embassy of Consular Offices abroad,
is mandated to issue a Filipino ID car within ninety (90) days from the registration of live birth. The parents
or the legal guardian of the minor, incompetent or disabled person shall be responsible for the application
and safekeeping of the issued Filipino ID card.

When the Filipino ID card is presented to any government agency or for identification purposes, no other
additional identification card shall be required. Except in instances allowed under the provisions of R.A.
92225 or The Citizenship Retention and Reacquisition Act of 2003, the Filipino ID card shall motu
propio be rendered invalid and ineffective upon the loss of Filipino citizenship.

8) http://www.congress.gov.ph/legisdocs/first_16/CR00442.pdf
9) Towards a sustainable national ID system
Posted on September 13, 2016

http://www.bworldonline.com/content.php?section=Opinion&title=towards-a-sustainable-national-id-
system&id=133353

The Duterte Administration appears bent on establishing a national ID system for the country.

Already, Congressman Feliciano Sonny R. Belmonte, Jr. filed House Bill No. 12 which proposes to
establish a national identification system to help improve government services and limit red tape.
Senator Antonio F. Trillanes IV likewise filed Senate Bill No. 95 for the same purpose and to help in
the anti-crime and anti-terrorism campaign. The Senate Bill also includes the use of biometrics.

In a recent financial inclusion conference, the Bangko Sentral ng Pilipinas (BSP) said it was amenable to a
national ID system if it would also give the people, especially the poor, easier access to banks and other
financial transactions.

The Foundation for Economic Freedom (FEF), meanwhile, urges President Duterte to implement a national
identification card to enhance law and order in the country.

On the other hand, some sectors, notably from the Left, are not far behind in opposing this measure, citing
it would violate privacy and could lead to discrimination, harassment, and corruption.

FAILED ATTEMPTS
The government has not been found wanting in trying to establish a national ID system.
In 1996, President Fidel V. Ramos issued Administrative Order No. 308 adopting a National Computerized
Identification Reference System to provide Filipino citizens and foreign residents with the facility to
conveniently transact business with basic services and social security providers and other government
instrumentalities.

This Administrative Order was declared unconstitutional by the Supreme Court on the ground that
legislative action is needed for the scheme.

In 2005, President Gloria Macapagal-Arroyo issued Executive Order No. 420, harmonizing all government-
issued IDs, which gave birth to UMID (Unified Multi-Purpose Identification System). While some
government agencies have adopted a unified numbering system, the purposes are varied and the scope has
yet to be national for their IDs to serve as national IDs.

OTHER COUNTRIES
Wikipedia, citing a 1996 Privacy International publication, reports that about 100 countries had enacted
laws making identity cards compulsory, with varying policies and implementation; about 15 countries issue
identity cards on a voluntary basis; while about 8 countries, the Philippines included, do not issue identity
card.

Several countries require biometrics for their ID system.

In 1999, the Brazilian government decided to adopt fingerprint-based biometrics using a ten-print
classification system developed by Dr. Juan Vucetich. India, on the other hand, established UIDAI (Unique
Identification Authority of India) in early 2009 to collect, over a number of years, biometrics (fingerprints)
for its 1.2 billion population and issue unique identity numbers to its citizens. About 600,000 records have
so far been reportedly collected.

Fortunately for the biometrics industry, millions of iPhone users are now getting used to putting their phones
on with their fingerprints, so the industry will probably continue to grow in use and coverage. The newer
models of other mobile phone brands are beginning to include biometrics as a standard feature as well.
Moreover, financial institutions and financial technology companies or FinTechs are considering the use
of fingerprints and other biometrics in lieu of PIN (personal identification number) for payment and ATM
(automated teller machines) transactions for better security.

FORM FACTOR AND STRUCTURE


Traditionally, IDs were issued on paper or carton cards. These evolved into plastic cards, then plastic cards
with magnetic stripes, and more recently, plastic cards with chips and other security features, such as
hologram, ultra violet, etc., much like those found in credit, debit and prepaid cards.

With purchases, payments, and other transactions encountering a lot of frauds, it is not inconceivable that
national IDs, especially with biometrics, may replace the PIN for ATM, payment cards and mobile
payments in the near future.

The national ID system may be established from scratch and on a stand-alone basis, which could be very
expensive. Alternatively, they may issue national IDs linked to existing biometrics-based index number,
such as the SSS ID numbers, thus avoiding the huge cost of collecting and operating a biometrics database.

To my knowledge, SSS adopted an AFIS (automated fingerprint identification system) way back in 1998
and collected and developed its biometrics database carefully. Each member is interviewed and the identity
determined by matching what the member represents against the systems records on personal
circumstances, work history, contributions, benefits, loans and other records. Only after careful vetting can
the members picture be taken and the fingerprints scanned. The fingerprints of the member are then
automatically matched against the entire database and only if the fingerprints are unique can the new SSS
ID card be issued to the member. To date, SSS has reportedly collected reliable biometric records of some
7 million members.

BUSINESS MODEL
Two business models for issuing national IDs are possible.

The first is the traditional way: issue ID cards as government outlay -- free of charge, or with partial or total
reimbursement, or even with some kind of modest profit.

The second is novel and probably untried but may sustain the ID system in the years to come: issue or co-
issue the ID cards with partners (telephone companies or financial institutions) who will share in the
investment costs and risks; then link the ID to payment systems (for loans, benefits, allowances, conditional
cash transfers, purchases, etc.) for a modest share of the transaction fees and a reasonable return on
investment over time. The ID system may also charge modest fees every time banks and other institutions
require verification of the national ID and its users.

What kind of ID system will evolve? What form factor and structure will be chosen? Finally, what kind of
business model will prevail?

Let us wait and see.

The article reflects the personal opinion of the author and does not reflect the official stand of the
Management Association of the Philippines or the M.A.P.

Renato C. Valencia is a member of the MAP. He was formerly the president and CEO of the Social Security
System (SSS), a commercial bank and a manufacturing company.

10) Duterte open to natl ID system 3


BY THE MANILA TIMES ON APRIL 21, 2017 TOP STORIES
http://www.manilatimes.net/duterte-open-natl-id-system/323259/
MALACAANG on Thursday said it was studying a plan to establish a national identification system as a
measure to check terrorism.

In a news conference, presidential spokesman Ernesto Abella said the establishment of a national ID system
was being considered.

The Presidential Legislative Liaison Office (PLLO) is pushing for such a measure in Congress, Abella said.
That seems to be the general tendency, the general direction, yes, he told reporters, when asked if the
Duterte administration would push for the passage of a national ID system.

Well see what happensIts part of the, in terms of being pushed in the PLLO, I mean in the legislation,
he added.

Several proposals have been made in past congresses to establish a national ID system, but these failed
because of strong opposition from various sectors over privacy concerns.

The Arroyo administration rolled out the optional Unified Multi-Purpose Identification or UMID card
scheme in 2010 that could be used with the Social Security System, the Government Service Insurance
System, the Home Development Mutual or Pag-IBIG Fund and the Philippine Health Insurance Corp.

During his meeting with the Filipino community in Saudi Arabia last week, President Rodrigo Duterte said
the idea of the Philippines having a national ID system was good.

Its also pending in Congress, Duterte said in response to a query from an overseas Filipino worker who
was seeking the establishment of a national ID system similar to that of Saudi Arabia.

Were working on it because its good, the President added.

Dutertes ally, Pampanga Rep. Gloria Macapagal-Arroyo, earlier filed a bill to integrate all government IDs
into a single ID system.

Under Arroyos House Bill No. 696, all Filipino citizens would be issued an ID Card that could be used in
public and private transactions in the country.

Every Filipino, whether residing in the Philippines or abroad, is mandated to register personal information
required by the ID system, and upon application shall be issued a non-transferable Filipino ID card with an
ID number that shall be valid for life, subject to replacement only under [some]circumstances, Arroyo
said.
2ND TOPIC: Total Ban On The Contractualization Of Employment In The Philippines Would Be
Counter-Productive
CONS: (TOTAL BAN OF ENDO)
1) Contractuals: Globally accepted trend
May 05, 2016
http://malaya.com.ph/business-news/business/contractuals-globally-accepted-trend?qt-quicktabs_latest=1
The Philippine Association of Legitimate Service Contractors, Inc. (Palscon) yesterday emphasized that
contractualization is a generally acceptable labor practice and is a worldwide trend.

Rhoda Caliwara, Palscons new president, said in the Philippines alone, contractual work employed around
600,000 workers in 2014, citing data from the Philippine Statistics Authority.

In 2015, the total went up to 850,000 workers and if seasonality, probationary, casual and apprenticeship
employment are to be included this year, the number of workers that will benefit from contractualization,
also called service contracting, is projected to hit more than 1 million workers.

Caliwara said contractualization is seen to provide decent jobs to a large part of the Filipino workforce in
2016. It is also a worldwide trend that lets businesses adapt to the cyclical and also downward and upward
trends in the market today.

These trends are increasing due to the fast-paced business trends being influenced by mobility through
technology. Removing or banning contractualization would mean taking away productive jobs from one
million Filipinos and would set the economy back, Caliwara said.

Butch Guerrero, Palscons immediate past president, said according to studies done by the Boston
Consulting Group, contractualization has helped 61 million workers gain access to the labor market
worldwide through the employment and recruitment activities of such companies.

The study was commissioned by the International Confederation of Private Employment Services (CIETT),
of which Palscon is an active member.

Banning contractualization would also increase unemployment rate to high levels that is likewise
counterproductive to the economy. Removing contractualization would put the Philippines at a
disadvantage vis--vis its Asean neighbors in this age of globalization and would mean capital flight of the
country to neighbors such as Thailand and Vietnam, Guerrero said.
Contrary to common perception that contractualization deprives workers of government-mandated benefits,
Caliwara reiterates that Palscon and its members do not abuse Filipino workers rights.

Our members extend benefits such as SSS, PhilHealth, Pag-IBIG and the mandated 13th month pay. We
also follow the required minimum wage set by the National Wages and Productivity Council of the
Department of Labor and Employment (DOLE) and our workers also get necessary leaves and rest days as
mandated by the Philippine Labor Code, Caliwara said.

She said Palscon also works hand-in-hand with DOLE and other concerned groups to help protect the
Philippine workforce.

In 2011, DOLE issued Department Order (DO) 18-A which outlawed the so-called 5-5-5 system where
workers are forced to sign short, five-month employment contracts and thus are not qualified to receive the
benefits due them.

Our workers are also at co-terminus with our contract with our principals in order to give them longer
employability under the contractual agreement, Caliwara added.

The association also set higher standards in terms of capitalization, registration fees and safety standards to
its members and workers. With the issuance of DO 18-A and as a result of the higher standards, it helped
decrease the number of registered service contractors from 22,000 in 2010 down to almost 5,000 in 2015.

Palscon is also helping weed out fly-by-night contractors who do not have regular offices, are unregistered
and do not remit the proper government-mandated dues to its workers.

We assure the public and others who are skeptical at the issue of contractualization that Palscon will not
tolerate such companies who abuse the Filipino workforce. This stand is at one with other trade unions in
the country and is non-negotiable, Caliwara said.

2) Top 3 Ways the End Of Endo will Affect Businesses in the Philippines
http://sprout.ph/blog/top-3-ways-the-end-of-endo-will-affect-businesses-in-the-philippines/
November 7, 2016 Nix Eniego
Its a salarymans nightmare to wake up one morning without a job. This is purportedly what is happening
all around due to the persistence of the dreaded endo (end of contract) in the Philippine labor scene. But
the effect of endo culture is not exclusive to the wage earners.
Endo whether it is continued or abolished will make an impact in the way businesses are run in the
country.

Even before he was elected, President Rodrigo Duterte had already pledged his sword against endo. In fact,
he had threatened that endo business owners will face the same fate that drug dealers are currently
suffering.

Even if there is still endo in 2016, the government is targeting the abolishment of endo by 2017. The
Department of Labor and Employment has even taken the first step, launching an order that prevents the
application of new third-party service providers. The latter are notorious for their merciless practice of
contractual hiring.

This stance of the Duterte administration has stirred a hornets nest of talk, with Senator Recto calling out
for an end in government endo practice, too. Businessmen have also pledged to back this drive, so long as
it does not affect legitimate business practices.

But what will likely happen when endo ends? Here is a quick overview.

The Philippine job market could be less competitive

Endo is primarily a loophole exploited by employers looking for a low-cost workforce. This is a part of
why the Philippines is such an attractive job market. According to estimates, about 30% of the Philippine
workforce subscribes to contract labor, and this will be affected adversely. When the country falls out of
favor in terms of its labor force, the economy will take a hit and this will strike right back at the
businesses who have lost the ability for short-term hiring.

This said, most of the major industry segments will remain unaffected by the proposed endo law. The most
heavily impacted will be the Construction segment, 71% of which are contractual workers.

More people may be unemployed and unemployable

According to PALSCON President Rhoda Caliwara, outlawing the practice of contractualization can throw
about a million workers out of a job. Because businesses cannot hire them contractually, this will also cause
a drought for companies as the latter will lose an option to hire workers for the short term.
This stands in stark contrast to the opinions of lawmakers such as Representative Emmeline Aglipay-Villar,
who sees the abolishment of endo as a step towards widespread job security.

According to Caliwara, legitimate service contractors do not really deprive its workers of the proper
privileges. It is common perception that endo employers do not retain the proper employer-employee
relationships, throwing the worker out after six months just to avoid giving benefits. Caliwara stated that
this belief is false, and noted that the act of contractualization helps lots of workers earn a living even
for a limited time.

For her part, Aglipay-Villar said that contractualization is a violation of the right to security of tenure. She
argues that if a certain job is central to the processes of the business such as the sales person post in
department stores the lawmaker asserts that it should be a regular post. A proposed endo law is aimed
at fixing the Labor Code loopholes that allowed companies to take advantage of endo.

Business processes may be disrupted

Theres no denying that contractualization is a means for companies to get people when they need it and
to dispose of them when they see fit. This has become an accepted reality for the most part that some
companies have built their business processes around it.

Going back to the salesperson example, a company may already have a concrete set of processes meant to
replenish the endo-ed personnel.

Thus, these businesses can be affected when endo is removed. If the companies are not flexible enough,
they will end up removing the additional hiring and training teams they instituted for the six-month hiring
cycle. There will also be reorganization in terms of providing the needed benefits for newly-regularized
employees.

Endo has had such a deep influence in the Philippine labor scene that there will be rippling changes when
the endo law is enacted. Right now several labor groups are bringing forth proposals meant to criminalize
businesses who hire on a contractual basis. These submissions still have to be properly reviewed to bring
to light all the pros and cons.

And what a delicate balancing act this will be. While many businesses will be shaken up by the removal of
endo in the Philippines, many workers will see the measure as heaven-sent. Because they are already regular
employees after their first six months, they can snap back from being underpaid and being withheld from
their benefits.
The general publics purchasing power will also increase, because workers will be eligible to receive
incentives. Also, contractual employees tend to have a hard time getting loans or credit from the bank since
they have no stable source of income. This is also bound to change.

The Bottomline for Endo 2017

There are, of course, positive things that businesses stand to gain when endo has been eradicated. For one,
there will no longer be as much resources dedicated to training new batches of employees. These funds can
be diverted to something else. By giving benefits, businesses can be assured of a more productive
workforce.

A person who has job security will be more dedicated to success than someone who dreads the day the
contract ends. Incentives can also be used to drive productivity and motivation, bringing forth a more active
workforce. This can upturn any dent in the labor force made by the initial implementation of the measure.

At the pace that the Duterte administration is handling its pet projects, we can be sure to hear more news
about this in the coming weeks. There will be birth pains when the change finally comes, but hopefully we
can all look forward to a brighter future for our workforce and our businesses alike.

PROS AND CONS OF ENDO


3) Special Report: Striking a balance to end labor contractualization
Published by anna Date posted on January 8, 2017
By Richmond Mercurio (The Philippine Star), December 8, 2016
http://tucp.org.ph/2017/01/special-report-striking-balance-end-labor-contractualization/
The issue on labor contracting made waves in recent months, with workers calling not only for the
eradication of illegal practices such as endo and 5-5-5 but also the total abolition of contractualization
in all forms. File photo
MANILA, Philippines Old habits die hard.

For a country like the Philippines, which has been used to the practice of contracting sometimes legal,
sometimes not ridding itself of the decades-long habit is like committing suicide.

The issue on labor contracting made waves in recent months, with workers calling not only for the
eradication of illegal practices such as endo and 5-5-5 but also the total abolition of contractualization
in all forms.
Their push for a contract worker-free country was spurred by the promise made earlier by President Duterte
that he would put an end to contractualization.

Endo is a thing of the past. We no longer have unlawful contractual relationship or what we know as endo.
The bigger issue now is whether we keep contractualization as a whole or not because under the law, there
is an allowed contractual scheme or legitmate contractualization, Department of Labor and Employment
(DOLE) Secretary Silvestre Bello III said.

Bello, a former justice secretary and solicitor general, vowed to come out with a compromise on labor
contracting.

The goal is no side will be aggrieved. We intend to come up with a formulation that will address all the
concerns of labor and employers, all with the end of attaining industrial peace, Bello said.

We are not only bullish, we are very determined because otherwise, if you do not maintain industrial peace,
employment opportunities and return on investments of employers will be affected, he added.

Striking a balance among all parties involved, however, may be a tough task to undertake for the agency
given the varying positions of laborers, employers and the government.

While workers claim their labor rights will suffer with the continued practice of contracting, businesses and
employers, say they will not survive without it.

The DOLE is eyeing to put to rest all these arguments on contractualization before the year ends by coming
out with a unified policy.

Bello said four options are currently under consideration for implementation by the DOLE.

These include the labor groups position to completely ban contractual arrangements, the Department of
Trade and Industry (DTI)s win-win solution, the Employers Confederation of the Philippines (ECOP)s
stand for the strict implementation of existing laws, and the proposal of the Federation of Filipino Chinese
Chambers of Commerce and Industry Inc.s proposal to regularize all employees provided there will be a
10-year no-strike policy.
Of the four options, we like the position of DTI and then also of ECOP. Maybe we can just make some
ratifications there and we will blend them. What is important is we satisfy both the concern of labor and
then of management and employer, Bello said.

ECOP, the umbrella organization of employers in the country, is pushing for stricter enforcement of rules
prohibiting the endo scheme instead of abolishing contractualization, which it said makes important
contributions to job creation.

The group said the policies and laws protecting the rights of workers in the Philippines are many and in
place already, and it is just a matter of implementation to make it work.

Those demand that there should be no more contracting, thats not attainable. That will be a disaster. For
us, just stick to the labor code and you will be okay. We are taking a position that we think will make
industries stable, sustainable, and will create jobs. It is not realistic. There are just some work that is subject
to contracting. Youre not going to hire people forever if you have contract for only two to three years or
seasonal, ECOP president Donald Dee said.

We believe ours is the most fair. The others, there are some issues there that you cannot resolve, Dee
added.

The DTI, for its part, has come up with what it calls a win-win solution. Under this set-up, workers can be
hired by service providers as regulars, receiving full benefits such as leave credits, 13th month pay, as well
as retirement, social security and health insurance plans, among others.

Companies, meanwhile, will have the flexibility to either directly hire workers as regular employees or
outsource them through service providers, in view of seasonal job functions.

These are better versions of whats provided under the law. In fact, we are strengthening further the tenure
of the workers this time with the service providers. So in my simple logical thinking, I do not understand
why the labor sector is rejecting this proposal when in fact we are strengthening their security of tenure,
Trade Secretary Ramon Lopez said.

Lopez is one with the business community in their position against total prohibition of contractualization
in the country. He warned that jobs would be lost and poverty incidences would rise should the legal practice
of contracting be scrapped.
Removing the option of contractualization will lead to the imminent reduction of employment, with some
foreign investors even pulling out. So it is not just the missed opportunities wherein investors are supposed
to come in and not continuing with their investment plans because we are changing the ballgame, Lopez
said.

So that is what is scaring investors more than the Presidents rhetorics. The rhetorics are not the issue, I
think removing the option of contractualization is affecting them more, he added.

Labor groups, however, feel none of the given proposals by business groups and DTI are unacceptable.

For them, only the abolition of contractualization as earlier promised by Duterte is the only decision
that will make everything right.

The only chance for Filipino workers to enjoy a life of dignity is to have secure and good paying jobs.
Contractualization is spoiling this dream. And the government is unacceptably prolonging the misery,
labor coalition Nagkaisa said.

The end endo promise, the way it was presented by the President during the election campaign, did not
mean the end of one form of contractualization and the legalization of another type. Legalizing sub-
contracting and outsourcing work arrangement is a ploy to shield employers from assuming their inherent
responsibility of providing direct and regular employment to their workers. Regularization done in
contractor agencies rather than in mother companies is a fraud, the coalition of more than 40 different
labor federations and centers, workers organizations, and marginalized informal sector workers added.

Prior to the entry of the Duterte administration, DOLE said there were about 1.3 million contractual workers
in the country. Since then, the agency said over 30,000 workers were regularized in response to
administrations objective to slash and even wipe out illegitimate contractualization.

This was attested to by Philippine Chamber of Commerce and Industry president George Barcelon, who
said there has been a significant development within their organization in the regularization of workers.

There is an improvement but many are still waiting for the Department of Labor and Employment
pronouncement for it to be clear, Barcelon said.

The retail industry has been identified as the sector hiring the most number of contractual workers in the
country. Leading this sector is the SM Group, the largest mall operator in the country.
The Sy-led conglomerate, however, has kept its hands clean from the illegal labor practice. SM, however,
admits it takes in temporary or seasonal workers during special seasons such as Christmas and school
opening.

SM Investments Corp. vice chairperson Tessie Sy-Coson said there is nothing wrong with
contractualization as long as it is properly regulated.

On contractualization, if it is regulated well, it is a good format for extra work and more employment,
Sy-Coson said.

For us, short term employment has its legitimate purposes and we urge our members to use this privilege
in accordance with the law. Its all authorized by law but there are limits imposed on how we can use it.
We just urge everybody to follow the law and in fact that is what the President wants us to do, Philippine
Retailers Association president Paul Santos said separately.

Santos said removing the option of contracting would deprive not just retailers but also employers across
many industries of a legitimate means of conducting their businesses.

To totally ban that will be totally impractical. It will just lead to higher costs all around. Costs that will
eventually be borne by consumers. It will be unfair for businesses to be deprived of legitimate services of
firms that can perform services better than they can, he said.

DOLE is assuring all involved parties that it is committed in creating an environment that will enable
businesses to grow, thrive, and expand in order for them to continue creating more decent jobs, decent pays,
and employment opportunities for the Filipino people.

I am personally assuring the business community that the DOLE will continue to pursue responsive,
enabling, and equitable labor policies, labor laws, and labor regulations. However, our role as an institution
goes beyond simply enforcing labor laws in a way that the rights of our workers cancel out the rights of the
employees. We will always stand for balance in employee-employer relationship, Bello said.

TOTAL BAN OF ENDO


5) Why contractualization is bad for everyone, not just for workers
http://www.rappler.com/thought-leaders/147934-docena-why-contractualization-bad-for-everyone
Herbert Docena: 'Contractualization actually enables capitalists to pay workers less for the same work, stunt
economic development, and therefore harm the interests of all Filipinos including of capitalists
themselves'
Herbert Docena
Published 11:30 AM, October 02, 2016
Updated 11:38 AM, October 02, 2016
As expected, business groups such as the Employers Confederation of the Philippines and individual
business leaders are claiming that the epidemic of contractualization plaguing the country is actually good
for workers and for Filipinos.

They suggest that contractualization or the practice of hiring workers as contractuals rather than as
regular workers so as to avoid giving them the benefits that they are legally mandated to receive allows
capitalists to increase their profits, hire more workers, contribute to economic growth and therefore benefit
all Filipinos.

If we ban or significantly limit contractualization, they argue, many companies will either close down or
not be able to open to begin with. Their profits will fall, many workers will lose their jobs, the economy
will contract, and all Filipinos will consequently suffer. Hence, to ban or limit contractualization is not only
anti-worker but also anti-Filipino.

This argument is not only self-serving, it is also wrong.

By allowing capitalists to intensify their exploitation of workers, contractualization actually enables


capitalists to pay workers less for the same work, stunt economic development, and therefore harm the
interests of all Filipinos including of capitalists themselves.

But, more than that, contractualization also enables capitalists to weaken the working classs ability to resist
exploitation, organize collectively, and fight for a better society.

Intensifying exploitation

Capitalists exploit workers by expropriating the surplus or the extra products they produce on top of what
they produce in order to survive.
Capitalists are able to do this because, deprived of access to the means of subsistence under capitalism,
workers are forced to sell the only thing they possesstheir labor-power or their ability to workto
capitalists in order not to starve and die.

To buy this labor-power from workers, capitalists pay workers a wage which is more or less equivalent in
value to the goods and services (food, clothing, housing, etc.) needed to produce the labor-power workers
sell to capitalistsvalue that workers are typically able to produce during just part of the working day.

But in exchange, capitalists gain control of workers labor during the entire working day, enabling them to
appropriate the value of all the goods and services they produce during the entire dayvalue which is
greater than the wages they receive.

For example, the capitalist pays the worker a wage equivalent in value to commodities that the worker can
produce in just 4 hours. But in exchange, the capitalist receives the value of all the commodities that the
worker produced for all the 8 hours that he worked.

The capitalist, for example, pays the worker P491 for her buy to just enough to work for an entire day
equivalent in value to what the worker produces in, say, just 4 hours. But in exchange, the capitalist gets
the total value of everything the worker produced that day, say, P1,000.

What the worker produces in the extra 4 hours that he is not paid by the capitalist, in this case P509 a day,
is the surplus value: the product of unpaid labor expropriated by the capitalist from the worker.

Driven by competition, however, capitalists are also forced to intensify their exploitation of workers by
extracting more surplus value from them. They usually do this in two ways: by making them work longer
for the same wage or by making them work faster.

But they can do this by effectively reducing the value of their wages i.e. by depriving them of all the
additional benefits (13th month pay, SSS contributions, etc.) that they are otherwise obliged to give them.

This is effectively what contractualization amounts to: a wage cut or a de facto reduction of the value of
the labor-power that workers sell to capitalists an attempt to work around the minimum wage laws won
by workers struggles.

This could increase the profits of individual firms and lead to hiring additional workers for a time but more
people suffer as a result.
This is because by giving tens of thousands of contractual workers less than what they should be receiving
had they been employed as regular workers, capitalists also effectively reduce demand for the goods and
services that the workers would otherwise have demanded from the subsistence-goods sector, thus reducing
the profitability of firms in these sectors and driving these firms to fire workers or hire fewer workers
than they might otherwise have.

Moreover, at least part of the additional value that would have otherwise gone to workers had they not been
contractual goes instead to capitalists who under conditions of reduced demand spend this amount not
on expanding production but on luxury goods and services or on speculation.

This cannot compensate for the reduced demand for subsistence goods and services and for the reduced
employment and reduced growth that ensues since increased spending on luxury or speculation by a
minority does not necessarily result in hiring as many workers as spending on goods and services demanded
by the majority.

But with the reduction of demand for goods and services in the subsistence sector uncompensated by the
increase in demand for goods and services in the luxury goods and services or in the financial sector, then
economic growth also declines or fails to grow more than it otherwise would had demand for goods and
services in the subsistence sector grown.

This does not only hurt the interests of contractual workers but even the interests of other workers and even
other capitalists within the framework of really-existing capitalism.

Undermining working-class organization

But the practice of contractualization does not only hurt workers and capitalists immediate interests, it
also undermines their long-term interests.

By giving tens of thousands of contractual workers less than what they should be receiving had they been
employed as regular workers, capitalists are also depriving them of the resources they could use to lift
themselves from abject poverty and perennial insecurity.

Insofar as freedom from destitution and insecurity enables or improves workers capacity or confidence to
engage in politics, capitalists are therefore also depriving workers of the resources they could use to enhance
their capacity to fight for their interests, resist exploitation, assert their democratic right to determine their
own destinies, and build a different kind of society.

After all, workers who constantly worry about how they are going to feed their children or how they are
going to pay rent are even less likely to have the time nor the drive to join workers groups, unions or
political parties.

Workers who are constantly desperate to have their contracts renewed by their employers are likely to be
even more fearful of antagonizing capitalists, let alone of engaging in political struggle.

Simply put, workers facing the axe are less likely to do anything that could make the employers remember
their names.

And even if they were willing to fight for their rights, their ability to do so is even more constrained than
usual since they are not even legally allowed to form or join unions as contractual workers.

And even if they did risk joining or forming workers groups, their ability to sustain these groups is also
hindered since they typically arent allowed to stay long enough in the same firm or factory, and they are
therefore also unable to form the lasting relationships with fellow workers that they need to enhance their
political organization.

All these may be good for individual capitalists who want to crush unions or workers groups so they
could keep their own workers wages low and increase their profits.

But this is bad for the larger society since strong, organized labor movements have proven to be a crucial
precondition for advancing progressive social reforms which have proven to be beneficial to all even to
capitalists themselves.

Think, for example, of the 8-hour work day, social services such as public education, health care or for
that matter the right to regular and secure or non-contractual employment: all of these were won through
the action of organized workers and all these have ended up actually saving capitalism from itself.

More importantly, however, weakening the labor movement is also bad for the larger society since strong,
organized labor movements are necessary for the broader social transformations needed to create a better
society one that can save capitalists from themselves.
Not a just an economic but a political fight

Contrary to short-sighted business organizations, then, contractualization is actually bad not just for workers
but for all Filipinos.

The question is: Why after promising to immediately end this practice as soon as it assumes office is
the Duterte government still seeking a compromise with business groups which are unable to see, and which
refuse to advance, the general interest?

Why after promising to make a clean break from the yellows and to crack down on the oligarchy is
the Duterte government shirking from ending a practice that was effectively encouraged by the previous
administration and that benefits some of the countrys largest oligarchs?

Why, after nearly 100 days in office, is the Duterte government still just hemming and hawing and now
championing a win-lose deal a win for capital, a loss for workers that has been rejected by even the
more conservative labor federations in the country?

Why, in short, is the supposedly progressive Duterte government helping perpetrate a practice that is
patently anti-worker and anti-Filipino? Rappler.com

Herbert Docena is a PhD candidate in sociology at the University of California, Berkeley and a member of
the Bukluran ng Manggagawang Pilipino.

6) DTI: Total ban on contractualization turning off foreign firms


http://business.inquirer.net/220393/dti-total-ban-contractualization-turning-off-foreign-firms
By: Amy R. Remo - Reporter / @amyremoINQPhilippine Daily Inquirer / 12:10 AM November 29, 2016
Trade Secretary Ramon M. Lopez warned on Monday that a total ban on contractualization may only
provoke investors from pulling out of the country or even holding off their expansion plans.

Reacting to the clamor by some labor groups to eliminate contractualization altogether, Lopez said the
country stood to lose more jobs in the process should this ban happen.

If you eliminate contractualization, the investors may leave. I have talked to at least three companies and
they said that they would either leave or they wont expand anymore, he said.
Other markets
He cited a Japanese company, which currently has 30,000 workers in the Philippines, was planning to
double the number. But theyre looking at the contractualization issue. If the Philippine government
decides to ban it altogether, the Japanese firm will look for another location to operate, Lopez said.

He said contractualization was needed in certain instances.

I told (some proponents) that if there is no contractualization altogether, there might be no direct jobs to
even speak of. Im more concerned about the jobs we will lose if we ban even the legitimate practices under
contractualization, he said.

He said the companies he talked to each employed anywhere between 20,000 to 30,000 workers.

Win-win solution
Lopez stressed the need to implement a win-win solution, aimed at ending only the abusive practices of
labor contractualization, which include the controversial end-of-contract (endo) scheme.

Under the proposal, principal companies can retain the flexibility of contracting certain services from third
party agencies or service providers. The latter, in turn, are expected to provide their workers a regular and
permanent status. They will also be mandated to provide benefits, including retirement and separation
packages.

The workers being deployed should also not be co-terminus with the agencys contract with the principal
company. This would assure workers of security of tenure.

Lopez had clarified that the legitimate contractualization was different from the illegal endo schemes,
wherein workers are hired temporarily for a five-month contract and then transfer again to another entity
for another five-month contract. He said there were legitimate schemes accepted even globally.

Industries like mining and construction are among those that hire on a contractual, per-project basis due to
the seasonality of their operations.
Read more: http://business.inquirer.net/220393/dti-total-ban-contractualization-turning-off-foreign-
firms#ixzz4h4w5xAqU
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

7) http://news.abs-cbn.com/business/05/01/17/total-ban-on-contractualization-not-possible-right-now-
bello
3RD TOPIC: Current Strategy Of President Duterte In Dealing With China On The West Philippine
Sea Issue Should Be Reconsidered
YES:
1) The problem with China and the fumbling Philippine president
May 1, 2017
http://www.pacificislandtimes.com/single-post/2017/05/02/The-problem-with-China-and-the-
fumbling-Philippine-president

By: Diana G. Mendoza


Manila In July 2016, Benigno Aquino III, Rodrigo Dutertes predecessor as Philippine president, won
a landmark arbitration case at the Hague-based Permanent Court of Arbitration which ruled that the
Philippines has exclusive sovereign rights over the West Philippine Sea and that Chinas claim to the waters
is invalid.

The ruling was considered a victory for the Philippines, but which China did not accept as it continued
even more vigorously to flex its muscles over the small countrys resource-rich islands, reefs, outcroppings
and rocks, especially the areas within the nine-dash line or the demarcation line used by China for their
claims in the South China Sea, by fast expanding its incursion despite the court ruling that it has violated
Philippine sovereign rights.'

Filipino and international analysts and critics are then puzzled at why Dutertes foreign policy, which his
administration called an independent direction that was not welcoming to its long-time allies and was
friendly to China and Russia, has shifted to one that, with one more pronouncement, would result in the
Philippines losing its sovereignty.

One of them, former foreign affairs secretary Alberto del Rosario, called the policy shift as unfortunate
because it has the potential to squander the hard earned and beneficial relationships of the Philippines with
other countries such as the US, Japan, India, Vietnam, its allies in the 10-member Association of Southeast
Asian Nations, the regional G-7 bloc and the European Union.

Friendships are important between and among countries when it comes to diplomacy and mutual respect
for international law, said del Rosario. The Philippines cannot do it alone. We need the support of our
allies and the community of nations that helped us get to where we are in defending our territorial rights.
Dutertes turnarounds, reversals and U-turns, which started during his presidential campaign when he
said he would jetski to the disputed Scarborough Shoal located in Luzon island and plant a Philippine flag
on it to symbolize his stand for his countrys sovereignty, sounded alarm bells.
He repeated this statement in April, when he said he will plant the flag on Pag-asa, one of the islands, on
June 12, the Philippine Independence Day. Scarborough and Pag-asa are two of the Spratly islands chain
being claimed by the Philippines, China, Taiwan, Malaysia, Brunei and Vietnam.

But in a few months, he became friendly to China especially after his state visit there in February. In a
speech before Filipino migrant workers in his visit to Saudi Arabia in mid-April, he said, in an apparent
address to China, Because of our friendship and because we value your friendship, I will not go there to
raise the Philippine flag. They said, do not go there, just do not go there, please. So, I will correct myself
because we value our friendship with China.

He has also ordered the Philippine military to occupy and put up structures in the disputed islands to
reinforce and fortify its territory but not to militarize the islands. "It's like we're all competing to take these
islands. And what's ours now at least, let's take it and make a strong point there that this is ours. We must
build bunkers or houses there and make provisions for habitation."

Later, he said there is not much to be done with Chinas incursions as China continued to build structures
and sail closer to Philippine territory, including Benham Rise, a volcanic plateau and undersea region along
the Philippine Sea.

He blamed the United States for the current maritime tensions and for not intervening to stop China. As
the recent ASEAN meeting failed to calm the tensions, Dutertes wild claims and pronouncements continue
to pivot and prolong the territorial disputes.
American historian Alfred McCoy, quoted in a story in the South China Morning Post, said Its a
dangerous game that Duterte is playing, because he believes that in giving China freedom to build
structures in the South China Sea, he has endangered the Philippines, making it a pawn in two-pronged
strategy by China to deal a crippling blow to US global power
NO:
1) PH-China mechanism on sea dispute to meet for first time this week
Mimi Ong, ABS-CBN News
Posted at May 15 2017 01:27 AM
BEIJING - The bilateral consultative mechanism (BCM) formed during President Dutertes first trip to
China last year to tackle the South China Sea dispute with China will finally meet for the first time in the
next few days.
Philippine Ambassador to China Chito Sta. Romana earlier said it was scheduled to take place on May 18
and 19, on the sidelines of an ASEAN-China event in the western region of China.
Department of Foreign Affairs (DFA) Executive Director Evangeline Ong explained the mechanism will
allow the Philippines to separate the tracks where we cooperate well, and where we have issues, where we
have issues among ourselves, that (the BCM) is where we put it, these are usually on the South China Sea.
Duterte won't compromise PH sea claims in China's Belt and Road forum - envoy
Incoming Foreign Affairs Secretary, Senator Alan Peter Cayetano explained the BCM will start off as a
"confidence-building" exercise.
Kung hindi nag-uusap, its guess work then tension and possible conflict, but when you open lines, much
can be discussed, he said.
Cayetano cited, as an example, how the Philippines and China came up with a tentative fisheries agreement
following President Dutertes visit to China last October, that allowed Filipino fishermen to scour through
the disputed Scarborough Shoal.
Filipino fishermen regain livelihood inside disputed shoal
Cayetano stressed, both countries will continue to be guided by existing laws, court rulings and gains by
previous administrations referring to the Hague ruling in 2016 that favored the Philippines in the maritime
row.
You dont expect to move mountains in the first meeting. But let me say this, it will remove walls. From
a wall, there will not a bridge, he said.
Cayetano explained, while the Philippines is not giving up its sovereignty, the disputes should not stop the
country from forging trade and economic ties with other claimant countries like China.
PH envoy: Key to China relations is pragmatism, not confrontation
"Were in the Belt and Road initiative because we dont want any disputes to stop us from developing our
economy and from using all resources available from any of our neighbors.
Trade Secretary Ramon Lopez asked for patience and urged Filipinos to trust that President Duterte will
know the right time to bring up the issue.
"We can trust the wisdom of the President as to when is the proper time. He said he will raise that (Hague
ruling) in due time, hindi naman binibitawan put that issue aside, right timing dapat.
2) Duterte won back PH sovereignty over West Philippine Sea 6
ON APRIL 11, 2017 ANALYSIS
opinion
BY ESTEBAN G. PEA SY
http://www.manilatimes.net/duterte-won-back-ph-sovereignty-west-philippine-sea/322047/

CERTAIN politicians, jurists, journalists and scholars are very critical about President Rodrigo Dutertes
policy in our territorial dispute with China over the West Philippine Sea (South China Sea). These critics
are particularly unhappy that Duterte did not mention the Permanent Court of Arbitration decision that we
won when he met with the Chinese leaders during his state visit to Beijing in October last year. They also
criticize the Duterte administration for not including the South China Sea territorial dispute in the agenda
of the Association of Southeast Asian Nations (Asean) summit meetings this year in which the Philippines
could use to its advantage its position as chair of this years conference.
By the same logic, these politicians, jurists, journalists and scholars highly praise former President Noynoy
Aquino and former Foreign Secretary Albert del Rosario for being champions in protecting Philippine
sovereignty over the West Philippine Sea. Aquino and Del Rosario are cited for challenging Chinas claim
of sovereignty over the whole South China Sea in the Permanent Court of Arbitration at The Hague, and
winning a decision in favor of the Philippines. A very patriotic and learned friend told me in an email: I
do not like Noynoy and Del Rosario on many issues, but I credit them for getting the arbitral tribunal
decision in favor of the Philippines.

On the surface, we cannot disagree with the interpretation of events by these politicians, scholars and
journalists. However, if we analyze more deeply, we will see the irony of the facts. The reality is that
Aquino and his foreign secretary caused the Philippines to lose sovereignty over the West Philippine Sea,
while Duterte has successfully won back our sovereignty with his political wisdom.

The territorial and sovereignty dispute over the islets and shoals in the South China Sea has existed among
China, Vietnam, Malaysia, Brunei, Taiwan and the Philippines for decades already. However, it is a fact
that in the past 40 years, Vietnam had reclaimed more than a dozen islands in the Spratlys while the
Philippines also made some land reclamations and built an airstrip in the Pag-asa islands. But it is interesting
to note that before 2013, China did not reclaim any land in the whole South China Sea region. Another
interesting fact is that over the past decades, the Philippine Navy and Coast Guards had arrested hundreds
of Chinese fishing boats and jailed thousands of Chinese fishermen for poaching in the South China Sea
area, but there was never a single Philippine fishing boat or any Filipino fisherman apprehended by the
Chinese authorities. In essence, the Philippines had been exercising full sovereignty over the South China
Sea in all those years. China had occasionally made protests but no action was taken to undermine
Philippine sovereignty.

This situation completely changed when Aquino decided to rename part of the South China Sea as the West
Philippine Sea. The Aquino administration refused to have any dialogue with Beijing, and China considered
the Philippine government extremely unfriendly. Beijing started to dispatch ocean surveillance vessels to
patrol the area which led to the confrontation in Panatag (Scarborough) Shoal in April 2012. When Aquino
and Del Rosario decided to challenge China in the Hague tribunal, Chinese Coast Guards started blocking
Filipino fishermen from fishing in the Panatag Shoal. After the Aquino administration solicited support
from the United States and Japan to confront the Chinese, and when joint military exercises were staged by
US and Filipino soldiers near the disputed South China Sea area, China started in 2013 big-scale
reclamation to enlarge the islands under its control.

By igniting the fire of dispute and provoking the Chinese, Aquino and Del Rosario caused the Philippines
to lose sovereignty over the West Philippine Sea, including the Panatag fishing grounds. Undeniably,
renaming the West Philippine Sea and challenging China in the arbitral tribunal are just like cosmetic
surgeries; they may make the appearance nice but can become hazardous to health. After these maneuvers,
our poor fishermen could not go to the resource-rich Panatag Shoal for fishing, and China reclaimed so
much land in the disputed areas and even built permanent structures on these reclaimed islands. In reality,
the Philippines had lost territorial sovereignty due to our politicians ingenuity.

Apparently, Duterte has far better political wisdom in handling difficult situations. He seems to understand
the mentality of the Chinese leaders and knows how to deal with them in order to achieve victory for
ourselves. Duterte chose to approach Beijing with conversation instead of confrontation. The Chinese
leaders reciprocated with an attitude of mutual respect. As a result, Duterte was able to win dignity and
pride for our people and our nation. After his state visit to China, Filipino fishermen can now go back to
the Panatag fishing grounds without any fear of harassment from any foreign force. China has suspended
further reclamation in the South China Sea. In effect, Duterte has gained back Philippine sovereignty over
Panatag Shoal and the West Philippine Sea which had been lost by the Aquino administration.

To achieve successful results in any diplomatic dealings, we should have a full understanding of our
opponents. As I pointed out in an earlier article (Understand the Chinese before talking to them, Manila
Times, October 15, 2016), the Chinese observe the love begets love and hatred begets hatred doctrine.
The Beijing leadership abides by Mao Zedongs teaching that we will not offend others if we are not
offended, but we will definitely retaliate when we are offended. This political philosophy has been put
into practice by the Chinese leadership in past decades, as shown in the history of the Peoples Republic of
China since its inception. China has showered many African and Southeast Asian countries with
tremendous economic assistance in friendship and mutual respect. In recent years, the Chinese retaliated
vigorously when they felt offended in the East China Sea and the South China Sea.

No one would question President Aquinos good intentions and devoted efforts in fighting for Philippine
sovereignty. However, his endeavors ended disastrously. On the other hand, the Duterte administration
takes a low-key approach in fighting for our sovereignty. Some critics even label Duterte defeatist. But
in effect, Duterte has won back sovereignty for the Filipino people. The Aquino administration did not
understand the thinking of the Chinese and thus used wrong approaches and erroneous tactics in handling
the crisis. Aquino and Del Rosario thought that by bringing the Americans and Japanese to our side, Beijing
would bow to the pressure. But the result was to the contrary. Duterte is far more suave in his diplomacy.
By advocating mutual respect, he was able to establish a friendly relationship with the supposed-to-be
enemy. He not only regained sovereignty for the Philippines, he also obtained commitments and actions
from China to enhance investment and trade development of the country. Critics should stop accusing
President Duterte of being defeatist. In fact, his political wisdom and diplomatic achievement deserve
high respect and full support from the Filipino people.

Esteban G. Pea Sy is a businessman with a special interest in China Studies which he specialized in as an
Asian Studies major at the University of the Philippines. He was a lecturer at the UP before joining the
corporate sector.

3) Duterte orders military to occupy South China Sea areas


By Alexis Romero (philstar.com) | Updated April 6, 2017 - 4:34pm
45 1384 googleplus2 2

Philippine President Rodrigo Duterte, right, reviews the troops with Army Chief Lt. Gen. Glorioso Miranda,
left, during the 120th anniversary celebration of the Philippine Army Tuesday, April 4, 2017 at Fort
Bonifacio in Taguig City, Philippines. AP/Bullit Marquez
MANILA, Philippines (3rd update, 7:33 p.m.) The Philippines will be shoring up its presence in the
South China Sea as President Duterte has ordered the military to occupy at least nine Philippine-controlled
islands to make a "strong point" about the countrys sovereignty over these areas.

During a press briefing in Puerto Princesa, Palawan, Duterte said that there is a need to maintain jurisdiction
over the disputed waters.

"We tried to be friends with everybody but we have to maintain our jurisdiction now, at least the areas
under our control. And I have ordered the armed forces to occupy all these so many islands, I think nine
or ten build structures and place the Philippine flag," Duterte said after delivering a speech before soldiers
at Camp Artemio Ricarte.

The Philippines controls nine islets in the disputed Spratlys region, the largest of which is Pag-asa, an area
under Palawans fifth class town Kalayaan. Other Philippine-occupied islets in Spratlys are Ayungin Shoal,
Lawak Island, Parola Island, Patag Island, Kota Island, Rizal Reef, Likas Island and Panata Island.

"Mukhang agawan kasi ito ng isla eh (There seem to be a scramble for islands). And whats ours now at
least kunin na natin (we should claim) and make a strong point there that it is ours," Duterte told reporters.

On July 2016, the United Nations-backed arbitral tribunal based in the Hague, Netherlands issued a ruling
on the Philippines' complaint against China's nine-dash line claim over the South China Sea.

Headlines ( Article MRec ), pagematch: 1, sectionmatch: 1

Even as Duterte earlier said he would set aside the arbitral tribunal's ruling in efforts to build stronger ties
with China, he seems to have changed his stance on the issue. The president, who has been accused of being
too cozy with China, said the Philippines would assert its ownership over the areas it controls.

"We have to fortify. I must build bunkers there or houses and make provisions for habitation," Duterte said.
Spratlys-bound on Independence Day?

Duterte also said he "may" visit Pag-asa Island on June 12 to mark Independence Day. The island is being
occupied by about 180 people, including soldiers.

"In the coming Independence Day, I might, I may go to Pag-asa Island to raise the flag there," he said.

Duterte also vowed to support improvements and repairs of the runway in Pag-asa.

The money is there. I dont know how thethe Army or the engineering battalion would do it. But that
development there has my full support, he said.

This follows reports that Beijing is near completion of its air bases on the "Big Three"Subi (Zamora),
Mischief (Panganiban) and Fiery Cross (Kagitingan) Reefs.

The two rival claimants are set to hold talks in China on the sea row in May. Duterte's predecessor, President
Benigno Aquino III, eventually adopted a policy rejecting negotiations over the dispute claiming these were
proven futile.

Plan may backfire, says analyst

Analyst Euan Graham, director of the International Security Program at Sydney-based think tank Lowy
Institute, said Duterte's "flip" on the South China Sea issue is not surprising given his mercurial nature. The
move, however, is likely to achieve the opposite outcome.

"The president risks repeating the mistakes of 2012 in Scarborough Shoal on a much bigger scale, handing
Beijing a golden opportunity to respond in kind by militarising the features it occupies in the Spratlys,"
Graham told Philstar.com in an online interview.

In 2012, the Philippines deployed a warship to arrest Chinese fishermen who extracted endangered clams,
corals and sharks around Scarborough Shoal, known locally as Panatag. Chinese ships were dispatched to
prevent the Philippine vessel from detaining the fishermen, leading to a ten-week standoff.
For Graham, while Duterte's order is likely meant to build up Philippines' leverage ahead of the bilateral
negotiations in May, it may again give China reason to escalate the tension in the waters.

"So he is trying to strengthen his handthough this is much harder to do after all the things he has said to
downplay Chinas strategic threat to the Philippines," the security expert said. with Patricia Lourdes
Viray and Camille Diola

Vous aimerez peut-être aussi