China’s 40% ownership of NGCP is legal – Law Expert
Marje Pelayo • November 15, 2019 • 1084
MANILA, Philippines – Reports of China’s 40% ownership of the National Grid of the Philippines (NGCP) has been on the headlines recently as several senators claimed it would pose threats to national security.
But according to a legal expert, Atty. George Erwin Garcia, the Constitution actually allows foreign entities to have shares in government-owned corporations such as the NGCP.
“From the Constitutional point of view, everything is perfectly legal. So, there is nothing illegal,” Garcia, Dean of the College of Law in Pamantasan ng Lungsod ng Maynila, said.
“There is nothing unconstitutional (with the) 40% Chinese ownership of the National Grid Corporation,” he added.
Senators Ralph Recto and Francis Pangilinan recently raised concerns about possible Chinese manipulation in the Philippines’ power grid given the rights China has on its shares.
Under Article 12 of the 1987 Constitution, foreign ownership is allowed provided that 60% of the company’s shares are owned by a Filipino.
Garcia noted, however, that when it comes to security, the NGCP has to make sure that China has no control of the operations and administrations of their facility.
The law also dictates that the foreign investor only has limited rights on the company and the state, which is the Philippine government, still has the full authority of the facility’s full operation.
“Dapat siguraduhin nila, 60-40 ang arrangement (They have to make sure that indeed the arrangement is 60-40). Forty percent nga Chinese pero baka naman ang 60, nasa likod Chinese rin (It might be 40% Chinese but it could be that those behind the other 60% are Chinese as well),” Garcia said.
“Baka naman sila’y naka-front lang for the Chinese o baka naman sila ay tinatawag nating “dummies” for the Chinese. Huwag naman sanang mangyari ‘yun (They could be fronting for the Chinese or like dummies for the Chinese. It must not be that way),” he added.
Senator Sherwin Gatchalian, chairman of the Senate Committee on Energy, previously stated that Chinese experts may provide technical assistance for the NGCP but only Filipinos can manage the entire facility.
In 2015, the Department of Energy (DOE) announced that it would no longer renew the working visas of 18 Chinese experts working then at the NGCP.
But in 2017, NGCP sent 26 engineers and technical staff for training in China to prepare them for much bigger projects.
Despite the issues, the NGCP maintained that the Chinese investors are only up for investments and business tying up with the state-run power grid. MNP (with reports from Harlene Delgado)
MANILA, Philippines – The Duterte administration stands firm that the Philippines’ position will not be compromised should a joint oil exploration with China in the West Philippine Sea pushes through.
This is in relation to the country’s arbitral award on the disputed territory against China.
“First, this lifting of the moratorium is an exercise of our sovereign rights. In no way it weakens the arbitral decision, and our MOU to explore a joint development program or cooperation with China, in no way that it weakens or gives away our sovereign rights,” noted Energy Secretary Alfonso Cusi.
Recently, President Rodrigo Duterte approved the recommendation of the Department of Energy (DOE) to lift the suspension and once again issue a resume to work notice for service contractors for oil exploration in the West Philippine Sea.
“Although sovereign rights are defined as exclusive rights, that exclusive rights may be shared to others. The decision to share it is part of the sovereign rights,” explained Presidential Spokesperson Harry Roque. –MNP (with reports from Rosalie Coz)
Around P50 million worth of misdeclared cigarettes from China were destroyed by the Bureau of Customs (BOC)-Port of Cagayan de Oro last October 2.
The cigarettes came from different shipments that were declared as furniture and disposable cups. One of the shipments arrived last May 14 while the other shipment arrived last June 9 at Mindanao Container Terminal in Tagoloan, Misamis Oriental.
District Collector John Simon issued a Decree of Abandonment after the shipment failed to request for extension of lodgement of its goods.
“The shipment has been previously issued with an Alert Order. This was followed by a 100% physical examination which revealed the shipment actually containing cigarettes,” the BOC said in a statement. AAC
MANILA, Philippines – Matapos ang halos pitong buwan ay nakauwi na sa bansa ang 11 Pilipinong marinong stranded sa sinasakyang barko sa China dahil sa pagsasara ng mga border sa iba’t ibang bansa sa gitna ng pandemiya.
Martes ng madaling araw nang dumating sa bansa ang grupo at pansamantalang mamamalagi sa isang quarantine facility sa Pasay City upang hintayin ang resulta ng swab test na isinagawa sa paliparan.
Ayon kay Anthony Medina, labis ang kagalakan niya at ng kanyang mga kasamahan dahil sa wakas ay nakauwi na sila at muli nang makakapiling ang kani-kanilang pamilya.
“Sobrang saya po namin talagang halos gusto namin na mauna pa kami sa eroplano makalapag eh. Makikita na po namin ang mga mahal namin sa buhay,” ang wika ni Medina.
Nagpasalamat din ang kapatid ni Anthony na si Analiza Medina sa lahat ng mga tumulong upang makauwi ang mga tripulante.
“Para po kaming nanghihina na parang wala ng mag rerescue sa kanila. Kaya po talagang sobrang saya namin na nakauwi na sila. Nagpapasalamat po kami sa lahat ng tumulong at sa mga hindi po nagsawa na tulungan sila,” ang pahayag ni Analiza.
Bago umuwi sa kani-kanilang pamilya, kailangan munang asikasuhan ng mga marino ang ilang mga bagay sa kanilang agency.
Samantala, tiniyak naman ng Overseas Workers Welfare Administration na bibigyan ng ayuda ang mga umuwing seafarer. – RRD (mula sa ulat ni Correspondent Lucille Lloren)
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