PHL and China working on cooperation deal on nuclear energy, DOE official says

By Lenie Lectura @llectura

THE Department of Energy (DOE) on Wednesday said the Philippines and China are working on a cooperation agreement on the use of nuclear energy, particularly small modular reactors (SMR).

“I think it’s government-to-government, with the DOE. We are not yet sure what will be the coverage of the energy cooperation,” said DOE Director for Energy Policy and Planning Bureau Michael Sinocruz during the Powertrends International Business Forum held on Wednesday.

T he Philippines earlier received similar offers from other countries. “There’s US and South Korea also. There is SMR [offer] also [from] Russia and China. For China, we received a cooperation offer for nuclear after the state visit. In general, it’s a nuclear energy cooperation,” he said.

T he Philippines and the United States have initially discussed a civil nuclear cooperation agreement that will provide the legal basis for US exports of nuclear equipment and material to the Philippines.

T he agreement is in line with a US “commitment” to working with the Philippines to “increase energy secu-

EU delegates visit Clark and Subic for biz mission

CLARK FREEPORT—Some 14

European ambassadors led by Ambassador Luc Véron of the European Union (EU) Delegation visited this free port and Subic Bay Freeport Zone for their Business Mission to the Philippines recently.

T he said event was spearheaded by the Subic-Clark Alliance for Development (SCAD) headed by its Executive Director Atty. Carminda Fabros wherein ambassadors from Belgium, Czech Republic, Denmark, Finland, Germany, Hungary, Ireland, Italy, Netherlands, Poland, Romania, Spain and Sweden attended.

C lark Development Corporation (CDC) Chairman Atty. Edgardo D. Pamintuan welcomed the delegation together with CDC Directors Atty. Bryan Matthew C. Nepomuceno and Maricris Ang-Carlos during a program held at the Quest Plus Conference Center-Clark.

“ We hope that there will be more investors from the European Union. We shall continue to cultivate our relationship with foreign communities to help us build a healthy business environment that protects and prioritizes the well-being of all stakeholders not only in Clark, but in the Subic-Clark-Tarlac corridor,” he said.

Meanwhile, CDC Vice President for Engineering Services Group Jose Miguel dela Rosa represented CDC President and CEO Atty. Agnes VST Devanadera to present the Clark

Freeport Zone to the ambassadors. He discussed how Clark is positioned as a preferred business, tourism, and meetings, investments, conferences and exhibition (MICE) destination to become a catalyst of growth and nation building.

Dela Rosa also highlighted the various European companies that have invested in this free port and showcased the world-class facilities and services available in Clark, as well as its security and accessibility.

“ The security of the Clark Freeport Zone is one of its strategic advantages compared to other zones.

CCTV cameras are located in strategic areas and the main free port zone is also fenced,” he said.

Let’s talk about accessibility.

Foreign travelers have quick access to Clark either through Manila or directly from Clark International Airport. As you can see, it is also linked to other countries that could have access to the airport,” he added.

To further elaborate about the airport, Clark International Airport Corporation (CIAC) Officer-in-Charge rity and deploying advanced nuclear reactor technology as quickly as safety and security conditions permit to meet the Philippines’s dire baseload power needs.”

Darwin L. Cunanan also prepared a presentation to show the world-class Clark International Airport to the delegation before heading for the tour.

T he visit of the EU Delegation to the Clark Freeport Zone and Subic Bay Freeport Zone aims to strengthen the relationship between the EU and the Philippines.

State-owned power generation firm Korea Hydro & Nuclear Power (KHNP) has also expressed interest to help the DOE’s push to add nuclear power generation into its energy mix.

T he South Korean firm had undertaken the first pre-feasibility study on the rehabilitation of the mothballed—Bataan Nuclear Power Plant in 2008 in partnership with the National Power Corp. (Napocor).

We have not yet decided

House bill pushes establishment specialty hospitals in the regions

By Jovee Marie N. Dela Cruz @joveemarie

whether we go for Korea on nuclear even with the rehabilitation of BNPP,” said Sinocruz.

T he DOE has been pushing for the development of SMRs in island provinces that have limited grid access. Given their size and relative transportability to provide nonintermittent power supply with low carbon and predictable supply cost, SMRs could go a long way in developing island provinces.

T he DOE earlier said provinces such as Palawan, Cagayan and Sulu have expressed their openness to the development of SMR utilizing nuclear technology in their areas.

Rep. Hataman proposes creation of Basilan agri and fishery college

TO boost agriculture and fisheries production in Basilan, a lawmaker has filed a bill seeking to establish a tertiary educational institution that aims to develop the two most important sectors in attaining food security.

Deputy Minority Leader and Basilan Rep. Mujiv Hataman filed House Bill 7085 last Monday, which seeks to establish the Basilan Agriculture and Fisheries College and enable students from Basilan to study the latest trends and new technologies in agriculture and fisheries.

Agriculture and fisheries are two of the main sources of livelihood for Basileños. A college that specializes in these two sectors will greatly benefit not only the citizens of Basilan, but the economy of the whole province as well,” Hataman, former governor of the now defunct Autonomous Region in Muslim Mindanao, said.

“ The state college will provide the necessary facility to enhance the desire of the people of Basilan for better education and develop the talents and skills of the youth in the province in the field of arts and sciences, teacher education, agriculture, aquaculture, engineering and technology, food technology, nutrition, as well as in vocational and other technical courses,” said Hataman.

According to the measure, the state college “shall primarily provide technical and professional training in sciences, arts, teacher education, agriculture, engineering and technology, fisheries, food technology, nutrition, as well as short-term vocational courses.”

It shall likewise promote research, advanced studies and academic leadership in the stated areas of specialization,” HB 7085 read.

It shall be governed by a Board of Trustees composed of 11 individuals and chaired by the Chairperson of the Commission on Higher Education (CHED). It shall also have the President of the College as vice chair, and the chairs of the committees on education and higher technical education of the Senate and the House, respectively, as two of the trustees.

T he rest of the board shall be composed of: the Regional Director of the National Economic and Development Authority; the Minister of Basic, Higher and Technical Education of Bangsamoro Autonomous Region in Muslim Mindanao; the President of the alumni association; the President of the faculty association; the Chairperson of the supreme student council; and two prominent citizens of Isabela City or of the Province of Basilan.

T he Board of Trustees shall have the power to establish the following: an Institute of General Education Studies, a School of Agriculture and Aquatic Sciences, a School of Forestry and Environmental Science, a School of Engineering and Technology, a School of Education, a School of Business, a School of Veterinary Medicine, a School of Food Technology and Nutrition, an Indigenous Arts and Crafts Institute, and other schools and departments as the Board may deem necessary.

LAWMAKERS are pushing for the establishment of specialty hospitals across major regions in the country to bring quality health care closer to people residing outside Metro Manila.

House Bill (HB) 6857 filed by Davao City Rep. Paolo Duterte, Benguet Rep. Eric Yap, and ACTCIS Reps. Jeffrey Soriano and Edvic Yap aims to establish these specialty hospitals in Northern Luzon, Southern Luzon, Visayas, Northern Mindanao and Southern Mindanao.

T he type of specialty hospital shall be determined by the Department of Health (DOH) based on its assessment of prevailing illnesses in particular locality.

S uch specialty hospitals include branches of the Philippine Heart Center, National Kidney and Transplant Institute, Lung Center of the Philippines, Philippine Children’s Medical Center and the soon-to-be established Philippine Cancer Center.

T he bill’s authors pointed out that existing specialty hospitals are all located in Metro Manila.

In order to afford the expertise of [these] hospitals’ medical professionals and its advanced amenities and equipment, patients are being encumbered by the additional expenses on transportation and accommodation for their medical needs to be catered, most especially those that are from far-flung areas or provinces,” read the explanatory note of HB 6857 or the proposed Regional Specialty Hospitals Act.

D uterte said their proposed law will “ensure that affordable, quality healthcare is accessible to most Filipinos.”

“ Many Filipinos flock to the specialty hospitals located in Metro Manila because they offer quality medical care and treatment that are more affordable than those available in private hospitals. Establishing branches of the Heart Center, the Kidney Institute and other governmentrun specialty hospitals in strategic areas in the country will help address the widening inequity in healthcare,” Duterte said.

Our proposed measure will bring specialty health care closer to people living in the prov - inces,” Duterte added.

HB 6857 states that once it is enacted into law, the regional branches of specialty hospitals shall be built within three years.

O n top of operating as specialty hospitals, the regional branches are also tasked under the bill to promote, encourage and engage in scientific research on the prevention of heart, kidney, liver, cancer and pulmonary diseases.

T he regional branches should also aim to, among others, assist universities, hospitals and research institutions in the studies of these diseases; and encourage or undertake the training of physicians, other medical personnel and social workers on the practical and scientific conduct and implementation of services related to these diseases.

Under the bill, all tax exemptions and privileges enjoyed by the existing Metro Manila-based specialty hospitals shall also be availed by their regional branches.

The national government shall constitute the necessary land, building, equipment and facilities, to the regional branches of the specialty hospital, and shall pay such obligations for real, personal and mixed properties arising from such undertaking under a deferred payment arrangement within five years at a preferred rate of interest,” the bill read.

I t also appropriates P5 billion as the national government’s contribution for the “initial establishment, operations and maintenance” of the regional specialty hospitals. The succeeding budgets of the regional specialty hospitals shall be provided through the General Appropriations Act.

T he DOH has crafted a development plan for specialty care as part of the Philippine Health Facility Development Plan (PHFDP) 2020-2040, which primarily includes the development of 328 specialty centers across different hospitals in all regions of the country.

In addition, no less than the Local Government Code [LGC] itself has devolved the health services to the local government units with the objective of making quality health services more accessible to every Filipino. The case of decentralizing specialty hospitals is no different,” the bill’s authors said.

SC: Too long, too late to prosecute JPE, others for coco levy fund mess

By Joel R. San Juan @jrsanjuan1573

THE Supreme Court (SC) has ordered the dismissal of the graft charges filed against former Senator Juan Ponce Enrile and several others in connection with the alleged siphoning of coco levy funds amounting to P840.7 million.

I n a 52-page decision penned by Associate Justice Ramon Paul Hernando, the SC’s First Division held that the Ombudsman violated the constitutional right to speedy disposition of cases of respondents Enrile, businessman Jose Concepcion, Rolando dela Cuesta, Narciso Pineda and Danila Ursua, warranting the dismissal of the graft charges against them.

T he Court also ordered the dismissal of the graft case against Eduardo Cojuangco Jr., Jose Eleazar, Maria Clara Lobregat, and Augusto Orosa due to their supervening deaths.

T heir criminal and civil liabilities, according to the Court, are distinguished by Article 89 of the Revised Penal Code.

However, for civil liability, the Court said the government may still file a civil against the respective estates of Cojuangco Jr., Eleazar, Lobregat and Orosa, “as may be warranted by law and procedural rules.”

I f a case has already been filed, the Court said the civil action “shall survive notwithstanding the dismissal of the criminal case in view of their deaths.”

In the case of Enrile, Concepcion, dela Cuesta, Pineda and Ursua, the Court noted that the preliminary investigation on the case started on February 12, 1990 when the complaint was filed, and terminated on October 9, 1998, when the Ombudsman approved the order dated September 25, 1998 of the graft investigating officer recommending the dismissal of the complaint on the ground of prescription of offense.

T he SC pointed out that under Administrative Order 1 of the Ombudsman, fact-finding investigation should not exceed the period of 12 months to 24 months depending on the seriousness of the offense.

“Consequently, the burden of proof shifted to petitioner Republic. However, petitioner Republic failed to discharge this burden, as petitioner Republic did not establish that the delay was reasonable and justified,” the SC explained.

“ While this Court has no doubt that the Republic had all the resources to pursue cases of corruption and ill-gotten wealth, the inordinate delay in this case may have made the situation worse for respondents,” it added.

I n particular, the SC said the government failed to prove that it followed the prescribed procedure on the conduct of preliminary investigation and the prosecution of the case; the complexity of the issues and the volume of evidence made the delay inevitable; and no prejudice was suffered by the accused as a result of the delay.

With this case pending for over 30 years and possibly more without the assurance of its resolution, the Court recognizes that the tactical disadvantages carried by the passage of time should be weighed against petitioner Republic and in favor of the respondents,” the SC said.

Certainly, if this case were remanded for further proceedings, the already long delay would drag on longer. Memories fade, documents and other exhibits can be lost and vulnerability of those who are tasked to decide increases with the passing of years. In effect, there would be a general inability to mount an effective defense,” it added.

T he Presidential Commission on Good Government (PCGG) had alleged that Cojuangco took advantage of his close relationship with then President Ferdinand E. Marcos Sr. for his own personal and business interests through the issuance of favorable decrees.

T he government later to entered into a contract with Cojuangco, through the state-run National Investment and Development Corporation (NIDC), with its corporation AII, under terms and conditions allegedly grossly disadvantageous to the government and in conspiracy with the other respondents who were then members of the UCPB Board of Directors. Cojuangco, Enrile, Lobregat and the others were held criminally liable because they were members of the UCPB Board of Directors at the time.

T he government said they all had “personal interest or material interest in the transactions.”

T he NIDC and the UCPB board, according to the complaint, violated their duty as administrator-trustee of the Coconut Industry Development Fund when they conspired to siphon off of the CIDF funds to Cojuangco’s AII.

Philippines appeals resumption of ICC probe into deaths during anti-drugs ops

THE Philippine government, through the Office of the Solicitor General (OSG), has filed a notice of appeal before the International Criminal Court (ICC)-Appeals Chamber seeking the reversal of the January 26 Pre-Trial Chamber’s (PTC) decision authorizing the resumption of the investigation on the abuses and deaths related to the anti-illegal drug of the Duterte administration.

I n the five-page notice of appeal signed by Solicitor General Menardo Guevarra and several other assistant solicitor generals, the government said it “disagrees with, and hereby rejects,” the conclusions made by the PTC that it has jurisdiction over the situation in the country and that the actions taken by the Philippine government with regard to the issue “do not amount to tangible, concrete, and progressive investigative steps” for the purpose of conducting criminal proceedings.

“ The Philippine government thus hereby requests that the implementation of the PTC Decision be suspended pending final resolution of this Appeal,” it added.

Earlier, the Department of Justice (DOJ) maintained that the ICC has