Tuesday, September 4, 2012

Myths about privatization

By Rod Kapunan

Many could not understand why privatization sought to impose a ban on government participation in business.  What is wrong in the government participating in business?  Maybe government entry could be assailed if its objective is to monopolize the production and distribution of goods or services understood as “nationalization”.
On the contrary, for the State to participate is to put on track free enterprise.  Capitalism, left alone, has never been a perfected economic system.   It always ends up in monopoly by undercutting prices, dumping or even smuggling all designed to eliminate competition.
Free enterprise is saddled with problems inherent in the system like the formation of oligopolies and cartels, price manipulation, dumping, hoarding, and all sorts of unfair business practices. Such practice invariably results in the harsh exploitation of the workers.  Capitalists take them as their first victim, not their business rivals, to reduce production cost.   Corollary to that is their tendency to evade or reduce payment of taxes.
Such problems however cannot be resolved by nationalizing problematic industries.   Leaders like the late President Marcos insisted that the government should instead participate in business like any private enterprise endeavoring to earn profit.  State-owned enterprises could play the role to break the cartel that controls and dictates the price of goods, and prevent the entry of legitimate competitors through price rigging.  In that instance, the government could level their price with the rest in the industry, deterred from resorting to hoarding to artificially create shortage.
As a stepping stone to industrialization, SOEs, as base industries, are meant to generate capital.  The accumulated capital, in turn, is used to finance the building of even more complex industries as what Korea, China, Singapore and Malaysia did to achieve a respectable level of industrialization manufacturing high value products and promoting massive employment.
In a “mixed economy”, profit is not really stifled but regulated by the natural operation of the market forces of which the SOEs play a vital role to reduce production cost.   This explains why at the outset, the privatization of the strategic industries such as the importation, refining and distribution oil; water distribution; and the generation and distribution of electricity to reduce their prices was doomed to fail.  If some managed to compete, it was an oligopoly competition than an honest-to-goodness one.
In the end, the promise of bringing down the prices of goods and services became a myth only former President Ramos and his disciples continue to blindly believe.  Artificial competition was carried out by a system of syndicated cartel amplified today by the unrestrained increase in the prices of fuel, water, electricity and its subsequent trading beyond one’s wildest imagination.
Maybe tax collection increased because of the high cost paid, but that was not the result of increased sales.  It was the result of a depreciated currency caused by inflation, increased operations cost, high salary for the new executives, and unrestricted profit that borders on greed.
In fact, anybody who knows a little of economics and uses his common sense to apply the basic laws on commerce could readily tell that when the price of certain goods and services are deregulated, that amounts to an implied legalization of the cartel.  This explains why some countries regulate, restrict and control the prices of goods manufactured and services undertaken by strategic and vital industries, or even forthrightly nationalize them.
That became a necessity because there could only be one or few players by the nature of the industry.  That effectively encouraged the uniform fixing of price among the players; to either increase after the unwanted competitors had been eliminated or to unduly bring down their prices, even at a loss, to ease them out of the market through cutthroat competition.
True competition occurs only when there are many competitors impersonally interacting in the open market.  In monopoly or oligopoly industries, the formation of cartel is bound to happen, and this explains why the buyers of those government-owned enterprises, as pre-condition for their purchase, sought to append a law on the privatization binge of the Ramos administration by seeking to deregulate the prices of their goods and services.   The subsequent approval of that law made operational the mechanism of an airtight syndicated cartel, viz. with the government placed in a straightjacket.
So, the hot air flaunted by the Ramos government turned out to be a foul smell.   Some say it was criminal because the runaway prices offered by the privatized industries reflect more of price rigging.   For instance, just before Marcos was removed from office, the price of unleaded gasoline was at P7 and diesel at P4 per liter.  Today unleaded gasoline is at P55 and diesel at P45 per liter.  During his time, per tank of LPG at 11 kilograms cost about P56.  Today, per tank costs more than P800.  Water, before it was privatized, was at P2.50 per cubic meter.  Now it costs about P25 to P30 per cubic meter.  Electricity cost ranged from 18 to 22 centavos per kilowatt.  Now the average charge is at P13.37 per kilowatt hour.
Many of our people suffered because privatization removed from them the remaining clutch that would secure their welfare.   The whole concept of serving the people is now confined to just collecting taxes, which if one would take a second look is plain extortion because payment of taxes demands a corresponding public service.  The government now demands a fee for every service it renders contrary to the classical theory that it is  obligated to return what it collects by way of services like free hospitalization, education, low cost  housing, etc. and subsidy in the cost, say of  rice, water, oil and electricity.
To relegate everything to the private sector is to make a mockery of free enterprise because without government participation, it is nothing more but economic anarchy.

Monday, September 3, 2012

Africa Is Becoming China’s New Oil Field, And The US State Department Is Not Happy


By Ingrid Pederson
Central Eurasia Standard
BusinessInsider.com
It didn’t surprise me today to read that China was irked by Clinton’s recent comments that African nations should be wary of China, as their relationships were based on a need for natural resources bountiful in numerous countries:
“I will be talking about what that means, about a model of sustainable partnership that adds value rather than extracts it,” Clinton told a university audience in this West African capital. “That’s America’s commitment to Africa.”
This need for resources, particularly minerals and oil, could lead to extractive partnerships in which the African nations don’t benefit as much as they potentially could. Additionally, China has not shied away from doing business with nations that the US considers unsavory, the obvious example being Sudan throughout the Darfur crisis:
From Bloomberg:
China’s thirst for oil is causing bloodshed. So says New York-based nongovernmental organization Human Rights First, which on Mar. 13 released a report linking China’s rising imports of Sudanese oil with sales of Chinese small weapons to Khartoum, used to further the deadly conflict in the western region of Darfur.
China’s engagement with Africa supports a broader strategy for China in two main ways:
1. China often presents itself as the champion of developing countries. They grew quickly economically and have become a major player. Often, they present themselves as the juxtaposition to the developed, Western nations, an outsider who has power inside and is always looking out for other developing states. This is very good PR for the country, giving it strength and leadership in international organizations. It can also makes the US look as though they have no interest in the agendas of developing states, an advantage that China manipulates very effectively.
2. Expansion. China is looking to establish and economic, and in some cases, military, presence wherever they can. The String of Pearls refers to China’s extensive lines of communications between mainland China and South Sudan. China has increased economic ties to Venezuela recently. Africa is a place where the US is hogtied by ideals – the government doesn’t want to be seen doing business with dirty players, but it is at the expense of natural resources that are being snapped up by China. China already controls the majority of the world’s cobalt supply, an essential mineral for electronics found in Madagascar and the Congo. The more control they have over the resources available, the more leverage they have over the countries that need them – especially if they have near-monopoly over them.
So, while I am 100% sure that Clinton is very much invested in the human rights aspects of African nations dealing with China, her comments encouraging countries away from the monolithic country are very much about preserving US power. It’s all part of the game.
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RELATED STORY:

Why China Needs Peace in the Middle East

By Diplomatic Courier 
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There’s a tendency among U.S. scholars, policymakers and especially the military to look at China in a purely confrontational way. Not everyone thinks this way but the number of analysts looking at a future clash of the powers is staggeringly big. This may be true, especially if we look at Chinese aggression in the South China sea. Maybe the Pentagon itself, with its focus on the Air-Sea Battle doctrine, is right in making sure everything is in order in case that happens. And yet, looking at some data, a different future looks more likely.
Let’s look at the role of China in the Persian Gulf. Asking a U.S. analyst what he thinks about Beijing’s involvement in the region, the most common reply is something along the lines of “Iranian friends, against the U.S. and the West”. Quotes on growing Chinese imports of Iranian crude oil at discounted prices will follow, presented as possible proof that China will back Iran in most disputes. Talking about the possibility of China sending warships into the Persian Gulf itself–not so unsurprising in the future, given its “String of Pearls strategy”–the possibility of Chinese ships fighting alongside Iranian ones against the USN becomes a matter of worry (even if tech disparity would make it short-lived).
This may well be, but looking at Chinese interests in the Gulf we get a different picture on their long-term strategy.
Both OPEC monthly reports and other reports by other prominent analysis firms show that China imported a record 6.0 million barrels/day of crude oil in May 2012, or 585,000 barrels/day more than April 2012 (+10.8%). First reports from June quotas show that this amount is likely growing even more. On a year-on-year basis, China’s imports have grown by 18.2%.
OPEC data confirms that most of this growth is due to Middle East imports, but not only from Iran. Iraq, UAE, Yemen and Saudi Arabia have increased their export quotas to China (Saudi Arabia +13.7%, Iraq +64%, UAE +32%). China also imports from Kuwait and Oman. Saudi Arabia in particular sends about 2 times more oil than Iran to China.
What does this show? First of all it confirms that China’s thirst for oil is growing, as reported by most macroeconomic indicators, and that its production ratio will remain unable to keep up with its needs–bringing it to need more and more imports down the road.
Second, China relies more on non-Iranian than on Iranian oil. This doesn’t make Iranian crude imports irrelevant: their availability, lower price and lack of competitors due to international sanctions makes the Islamic Republic the perfect place to continue buying from. But Iranian crude oil production isn’t going to expand much more: most facilities are old and need enhanced extraction techniques that only foreign firms possess in order to boost production, while other countries, especially Iraq, are undergoing an extraction boom thanks to fresh investments and the use of modern tech. Iraqi production has already overtaken the Iranian one and it’s slated to grow more in the next few years, while Saudi Arabia, UAE and Oman will remain important players. Unless sanctions are lifted, in the long run Iran is going to remain important but not so vital as to warrant a clash with the GCC countries.
Third, China needs the oil to continue flowing. This may look the most obvious consideration, and it is, but it’s also the most vital one. China needs the oil and doesn’t want anything to stop it from reaching its mainland, where its industries, cities and economy in general badly need it. With most of its crude imports coming from the Persian Gulf, that means that China badly needs to avoid anything that can disrupt supply routes from there.
China doesn’t need a war in the Persian Gulf now against Iran because this will likely shut down a good part of its Iranian supplies and possibly disrupt flow through the Strait of Hormuz. This may also work in the West’s advantage, as Beijing is likely to heavily pressure Tehran not to try to block the straits, as it would hurt China more than it hurts the West. Threats of Beijing dropping its support in the UN Security Council may be enough to convince Iranian leaders that that would not be a wise choice–a full-scale U.S. response would become more likely, and more legitimized.
Why does it mean later? That China doesn’t need a war, or serious regional destabilization even in the future, and will work hard to avoid it, as it would threaten its own all-important energy security. With so many stakes in regional stability due to oil imports, Beijing could become the U.S. best friend in the area in order to make sure Iran doesn’t get too aggressive on its neighbors. Saber rattling will likely continue, but Beijing could easily become a valid substitute of the U.S. in maintaining regional peace. With stakes on both sides, it would probably enjoy better reliability (at least until it commits some major mishap). In addition the U.S., not having great interests there anymore, could pivot elsewhere more easily as this time it would be China to be the one remaining mired into one of the most complex areas in the world.
It may sound incredible, but the U.S. might stand to gain more from a careful cooperation with China in some key areas. Air-Sea Battle may make the Pentagon happy, but won’t necessarily make the Gulf, or other areas, more secure. Exploitation of China’s weaknesses will, instead. It just requires observing well where its interests stand, instead of just looking at part of it. Let’s remember it next time a Chinese ship moves: thinking about how best to sink it may not be the best choice; helping get it towards a common interest might be a better, and more fruitful, alternative.
By. Lorenzo Nannetti
Lorenzo Nannetti is a contributing analyst at Wikistrat’s Middle East and Energy Security desks. He is an analyst for ENI’s petrochemical division, Versalis S.p.A. and is Senior Analyst for the Italian think tank Il Caffè Geopolitico. He also writes on Middle East and energy security for several online journals including the Italian AGI Energia.

U.S. perplexed by territorial disputes in East Asia


Washington takes cautious stance, stresses diplomatic, peaceful solution

Source: The Korea Hearald
Dokdo Islands
The United States appears perplexed over a series of territorial disputes involving its key Asian allies and partners amid their mounting calls to exert its diplomatic clout to support their claims.
Mindful of the sharply conflicting interests in the disputes, Washington has so far taken a cautious stance, reiterating that the concerned parties should work things out “peacefully through dialogue.”
As states are jockeying to secure more strategic maritime interests in the region where untapped resources are buried and crucial sea lines of communication run, these issues have become more intractable. This calls for America’s sophisticated exercise of diplomacy, experts pointed out.
“Asia has yet to completely settle their historical issues, causing such territorial disputes to rage on and get in the way of their moves for bigger regional cooperation,” said Kwon Tae-young, adviser to the non-profit Korea Research Institute for Strategy.
“It is not what we used to simply call islands and waters. It is a crucial trove of untapped resources presumed to be buried in waters near islands such as the Kuril Islands and others in the East and South China Seas.”
In particular, the recent war of words between America’s core allies of South Korea and Japan over Dokdo has apparently embarrassed Washington as it could hamper its deepened engagement in the strategically vital region.
The dispute over a chain of islands in the East China Sea, called Senkaku in Japanese and Diaoyu in Chinese, is also putting Washington in a diplomatically difficult position with Tokyo actively seeking Washington’s backing for its claim.
Tokyo officials have reportedly demanded that Washington reaffirm that America’s commitment to the defense of Japan is applicable to the disputed islands under their Mutual Cooperation and Security Treaty signed in 1960.
The application means military intervention from America in the event of an armed attack on them. The demand comes as the two allies are said to be in negotiations over a revision to their defense cooperation guidelines.
The U.S. basically recognizes Japan’s control of the islands although it does not speak out about it in consideration of its diplomatic and economic relations with China.
The islands were temporarily under America’s control after the San Francisco Peace Treaty was signed in 1951 to officially end World War II. Washington returned them to Japan in 1972. Japan first incorporated them into their territory after the Sino-Japanese war in 1895.
Amid Japan’s efforts to capitalize on its decades-old alliance with the U.S. to resolve the dispute, China has also sent a clear message against Washington’s support for Japan’s claim.
A Chinese military delegation visiting the U.S. has reportedly told U.S. officials that Beijing is against Washington’s application of the U.S.-Japan pact to the defense of the disputed islands.
Observers said that Beijing might feel nervous as Washington has sought to keep it in check amid its allies and partners’ calls to help settle a string of maritime disputes in the South China Sea.
The U.S. has presented a warning message to China, stressing the importance of the “freedom of access and navigation in the rule-based regional order.” But for the U.S. apparently adopting a policy of both engaging and checking a rising China, being dragged into any regional territorial spat is very burdensome, experts said.
“The U.S. needs China and vise-versa. Embarrassed over the dispute, the U.S. may continue to resort to diplomacy and rhetoric to defuse tension and resolve the issues peacefully. But of course, when things get out of hand, Washington could use its military to protect its partners,” said Kwon of the KRIS.
The U.S. also appears to be carefully watching the Russia-Japan dispute over four islands in the southern part of the Kuril Islands due to the two powers that play influential roles in the regional security contours.
Two Russian warships are sailing around the islands. It claims that the move is part of a usual event to commemorate its fallen sailors, but speculation has been sparked that Moscow seeks to further strengthen its control of the disputed islands.
The biggest headache for the U.S. is the continuing row over Dokdo, analysts said. As the U.S. is refocusing on the economically vibrant region amid the rise of China, experts say Washington might have to capitalize on its key allies of Korea and Japan.
But securing cooperation between Seoul and Tokyo has been a tough task amid their historical animosity stemming from Japan’s 1910-45 colonization of the Korean Peninsula.
Analysts say that Tokyo could continue to take a tough stance over Dokdo ahead of possible parliamentary polls in October or November.
Japan incorporated the islets as part of its territory in 1905 before colonizing the entire peninsula. Korea has been in effective control of them since its liberation in 1945.
By Song Sang-ho (sshluck@heraldcorp.com)

Sunday, September 2, 2012

US cites Iran, Syria in carrier deployment


Source: AFP  
Defense Secretary Leon Panetta (AFP/File, Paul J. Richards)
WASHINGTON — Defense Secretary Leon Panetta said Wednesday that the United States was preparing for “threats” from Iran and Syria’s turmoil as an aircraft carrier headed to the region ahead of schedule.
The USS John Stennis and its strike group will set forth shortly for the Middle East, a deployment ordered four months ahead of time to minimize the gap in which the United States has only one carrier in the region.
Visiting the nuclear-powered carrier at its home base in the Pacific state of Washington, Panetta said that the accelerated deployment was meant to deal “with a lot of threats in the Middle East right now.”
“Obviously Iran is one of those threats that we have to be able to focus on and make sure that we’re prepared to deal with any threats that could emerge out of Iran,” Panetta told reporters.
“Secondly, it is the turmoil in Syria, and we’re obviously following that closely as well,” Panetta said.
Panetta said that the United States was also maintaining its force due to the risk of Iran blocking the Strait of Hormuz and amid the Arab Spring of revolutions, which “present both challenges and opportunities.”
Israel has not ruled out an attack on Iran to prevent the clerical regime from developing a nuclear weapon. Iran’s uranium enrichment has raised international suspicion, although Tehran says it is for peaceful purposes.
Iran has threatened to block the Strait of Hormuz, through which one-fifth of the world’s oil passes, in response to punishing US sanctions. But Iran has not made good on its threats even as the United States works to severely curtail its oil exports.
In Syria, the United States has demanded that President Bashar al-Assad step down amid raging violence that human rights activists say has killed more than 23,000 people since March 2011.
But the United States has little appetite for intervention in the turbulent country. Panetta, asked by a reporter about imposing a no-fly zone over Syria, repeated that the proposal was “not on the frontburner right now.”
President Barack Obama, however, has warned Assad of “enormous consequences” if his forces resort to chemical weapons.
The Stennis strike group, which was initially due to deploy at the end of the year to the Pacific, is relieving the USS Enterprise which is slated to be decommissioned.
Copyright © 2012 AFP. All rights reserved.

Coconut levy


By AMADO P. MACASAET
MALAYA
‘There is so much confusion about the coconut levy. It is now alleged by the coconut farmers that the levy belongs to them.’
THERE is so much confusion about the coconut levy. It is now alleged by the coconut farmers that the levy belongs to them. They claimed the Supreme Court erred when it ruled that Eduardo M. Cojuangco used the coconut levy money deposited in United Coconut Planters Bank to buy the San Miguel Corp. shares.
We might be missing the most important issue here. How did Cojuangco get the money from UCPB? Did he take out a loan? Has the loan been paid?
The possible liability of UCPB in this case is if the loan exceeded the “single borrower limit” imposed on all banks.
It is silly to say that if the money was a loan it was part of the coconut levy funds deposited in UCPB.
Deposits in all banks do not have individual or distinct personalities. Indeed, part of the loan that Cojuangco borrowed could very well be coconut levy money. Part of it could also be mine if I were a depositor at the time the loan was granted. The money deposited by one in a bank is not made any different from the rest of the deposits.
By regulation, the owners of the deposits are clearly identified. After that, the deposits cease to have individual identification. Otherwise, the banks’ monthly statements of condition would identify the depositors on the liabilities side of the balance sheet.
Would the coconut farmers claim that the levy money belonged to the farmers if a huge loan the size of what Cojuangco was granted, was given to another person? We think not.
The Court ruled in January this year that the 24 percent bloc of shares presumably belonged to the coconut farmers. The Court said the block belongs to the government and may be used only for the benefit of the coconut farmers and for the improvement of the antiquated coconut industry.
It bears stressing that the government was never a stockholder of SMC.
It became only an owner of 24 percent of the conglomerate at the courtesy of the Supreme Court. It is presumed that the government is a trustee of the coconut farmers.
Following the Supreme Court ruling, the coconut farmers who contributed to the levy should demand from the state the benefits due them.
It is necessary to explain that the 20 percent of SMC owned by Cojuangco is his “personal” investment. On the other hand, the state, following the Supreme Court ruling, took over the 24 percent of San Miguel bought with coco levy money.
The loan used by Cojuangco to buy 20 percent of SMC is not remotely related to the coconut levy. In this sense, the “enemy” of the coconut farmers is the government, not Eduardo Cojuangco.
The Court gave them their due by ruling that the 24 percent bloc of shares in San Miguel belongs to the coconut farmers who contributed to the levy. The dispute over the levy was permanently resolved by the Supreme Court.
It is important to remember that the coconut levy was imposed as early as the time of President Garcia. I think the funds are in the custody of the Development Bank of the Philippines.
When prices of essential commodities soared skyward, then President Ferdinand Marcos ordered the creation of a special stabilization fund to be contributed by oil millers and exporters of coconut products. This fund is not in any way related to the levy collected from the coconut farmers.
When prices normalized, collection for the fund was ordered stopped by Marcos.
But the oil millers and exporters continued with the private contribution.
Enough money was raised among them to set up the Coco chemical complex which the government sequestered. The contributions to the special stabilization fund were never part of the coconut levy.
I have seen documents showing contributions of millers and exporters. I have also been told about a room in the UCPB with stock certificates of contributors to the levy.
If memory serves me right, it was the private levy that bought a string of coconut oil mills.
Or was it bought by the contributions of coconut farmers?
Minola is now the top selling coconut cooking oil in the market. I do not know whether it is owned by the oil mills, which in turn were bought by the contributions of the farmers or by the private levy of the group of Cojuangco.
What might seem unusual in the SMC case is the Supreme Court-approved conversion of common shares to preferred. SMC dangled a premium. The common shares of the farmers became non-voting preferred. But they were supposed to have been paid a premium for such conversion.
The bottom line is the farmers lost representation in the board of directors of SMC since preferred shares do not vote. The coconut farmers lost the right to ask the Cojuangco group whether or not they converted their common shares into preferred since the government, on their behalf, accepted the conversion.
The normal corporate practice is to gather the stockholders to a special meeting and get approval of the majority to convert common shares to preferred. SMC went to the Supreme Court instead.
By ruling that such conversion does not violate any law, the Court effectively usurped the rights of the stockholders to reject or approve the conversion. No question bordering on Constitutional interpretation was involved in the issue.
The issue is exclusive to the stockholders of San Miguel Corp. to decide. Yet, the ruling of the Highest Tribunal does not force common stockholders to convert.
In a manner of speaking, the farmers were “betrayed” by their lawyers. Now, they ask the Sereno court to reconsider the decision. Personally, I do not think the ruling has a chance of being reconsidered.
***
email: amadomacasaet@yahoo.com

Saturday, September 1, 2012

Taiwan and the South China Sea


The Naval Diplomat  
By James R. Holmes
TheDiplomat.com
Oh, dear. First I congratulate our Taiwanese friends on their deft use of soft power. Now I must take them to task for a bit of ill-considered South China Sea diplomacy. Asia Times reports that James Chou, deputy director general of the Ministry of Foreign Affairs, recently insisted that the region’s contested islands are “undisputed territory” of the Republic of China.
Chou was restating longstanding policy, as manifest in the “nine-dashed line” enclosing most of the region’s waters. The much-discussed map containing the nine-dashed line originated not with the Chinese Communist Party but with the Nationalist government headed by Chiang Kai-shek. The ROC published it in the late 1940s, shortly before decamping to Taiwan. That the islands represent undisputed Taiwanese property is untrue on its face. Several South China Sea governments—including Beijing, of course—unabashedly dispute it.
But more importantly, Chou’s words needlessly call attention to the chasm between Taiwan’s power and ambitions. The ROC armed forces have their hands full trying to defend Formosa proper. Their capacity to hold faraway real estate like Taiping Island—let alone the remainder of Taipei’s extravagant claims—is doubtful in the extreme. Speaking loudly with no big stick to swing amounts to “monstrous imprudence,” as pundit Walter Lippmann put it seven decades ago. Better to remain silent than advertise one’s shortcomings.
Let’s review Taiping’s strategic merits to illustrate how tough defending outlying islands would be for Taiwan. Alfred Thayer Mahan evaluated islands and other candidates for bases by three standards, namely position, strength, and resources. Taiping Island is well-situated astride important shipping lanes crisscrossing the region. It meets the Mahanian standard for geographic position.
Beyond that, its virtues are few—unless the force occupying it is strong enough to defend and resupply it in the face of enemy resistance. It is a postage stamp, at 1.4 km long and 0.4 km wide. That’s big enough for an airfield. Taipei has duly outfitted it with one and is contemplating extending the runway to accommodate larger aircraft. Chinese forces could easily cut communications with the beleaguered island in wartime. Strength, a.k.a. defensibility, is a minus.
What about resources? True, Taiping is the only island in the Spratly archipelago with its own fresh water. Plentiful fresh water is a significant asset. However, ships or aircraft would have to ferry in foodstuffs and other supplies from Taiwan to support any serious expeditionary presence there. Resources rates another thumbs-down.
Without sea control or air supremacy—operational conditions Taiwan’s increasingly outmatched air force and navy are unlikely to achieve—Taiping Island will wither in any conflict. Mahan extolled Jamaica as a naval base but pointed out that nearby Cuba overshadowed it. A fleet based in Cuba could sever sea communications between Jamaica and the Atlantic Ocean. Only a dominant fleet stationed in Jamaica, then, could break an enemy blockade and tap the island’s full potential.
Similarly, only dominant naval and air forces can impart value to Taiping. Beijing could make good use of it; Taipei, not so much.

Sereno’s daunting challenges


By Emil Jurado 
Manila Standard Today
Despite the mixed reactions to the appointment of Chief Justice Ma. Lourdes Sereno, who will be the “primus inter pares” or first among equals in the Supreme Court for the next 18 years, her appointment was not entirely unexpected.
During the Judicial and Bar Council deliberations, my inside information was that the chief justice post was a tossup between Sereno and Secretary of Justice Leila de Lima, both perceived as President Aquino’s favorites.
Recall that Sereno voted in the President’s favor on two landmark decisions. First was against the temporary restraining order on the Department of Justice’s watch list order on former President Gloria Arroyo. Second was on the land valuation for Hacienda Luisita, which would serve as the basis for the compensation that the President’s family would receive in the implementation of land reform. Sereno wanted the Cojuangcos to receive P10 billion.
***
For her part, De Lima did not have any qualms about acting as the President’s Doberman, displaying her loyalty to and support for Mr. Aquino against all odds. She thus felt entitled to her nomination as chief justice, never mind delicadeza and probity.
True enough, when the Judicial and Bar Council did not include de Lima in its short list, President Aquino himself showed his displeasure. Was this not an insult to the other nominees including Sereno herself whom the President ended up appointing?
I am not saying that Sereno does not deserve her appointment. I was actually impressed when I saw her interview with the JBC. Her track record also speaks volumes about her fitness for the post.
She must bear in mind at all times, though, that as chief justice, she must work right away to restore the public’s confidence in the Judiciary. This branch of government has been damaged by incompetence and corruption, as well as by the impeachment, conviction and ouster of its former leader.
Sereno must prove everybody who says she is the Doberman of the President wrong.
She also has to prove that she can take on challenges despite her being the youngest member of the court. Can she have ascendancy over the more senior members of the court? Note that there were only four justices who attended her oath-taking in Malacañang. Where were the others and what does their absence say about their support for the new chief justice?
I am worried that it may take months before Sereno can get acquainted with all the problems of the Judiciary. First of these is the great backlog of cases. Her problem was that she was never a judge. As such, she does not have first hand knowledge of the difficulties of judges in all parts of the country.
There are also no less than 50,000 warrants of arrest and distraints on levy that are unserved because of negligence on the part of lower courts or the sheriff’s office, or corruption.
Will she be independent? Only time will tell.
***
Another thing that bothers me is Sereno’s score in the psychological test conducted for the JBC screening. She got a 4 where 5 is the lowest score.
According to the leaked report, Sereno had been found “dramatic and emotional, she appears energetic and is all smiles and agreeable, but with religious preoccupation in almost all significant aspects of her life. She projects a happy mood, but has depressive markers, too. THERE IS A STRONG TENDENCY TO MAKE DECISIONS BASED ON CURRENT MOOD. THUS, OUTCOME IS HIGHLY SUBJECTIVE AND SELF-RIGHTEOUS.” Caps mine.
Obviously, President Aquino disregarded the JBC tests. Still, because of this, two noted jurists – Supreme Court Justice Diosdado Peralta and retired Justice Regino Hermosisima – did not vote for Sereno. Need I say more?
***
There has been a lot of hypocrisy in connection with the paeans, accolades and honors heaped by Malacañang upon the late Secretary of the Interior and Local Government, Jesse Robredo.
We all know that Robredo was not the choice of the President in the DILG post. He wanted Vice President Jejomar Binay instead, but Liberal Party stalwarts Secretary Manuel Roxas II and Senator Franklin Drilon opposed this. They wanted somebody from the LP in this post because it would be crucial to elections. This was why Robredo was not appointed in a permanent capacity until after a year. This was also why he was never confirmed by the Commission on Appointments.
And then, Robredo was never really in charge of the Philippine National Police. Instead it was the President’s shooting mentor and buddy Undersecretary Rico Puno who was in charge.
Still there is no doubt that Robredo deserves all the praises. He was a rare public servant, May he rest in peace.