UP Maritime Affairs and Law of the Sea Speaks - Taiwanese government is officially sponsoring & condoning illegal, unreported, and unregulated (IUU) fishing in Philippine waters

Map: The actual incident where Taiwanese fishermen shot dead by Philippine Coast Guard

University of the Philippines Speaks: Assistant Professor, UP College of Law and Director, UP Institute for Maritime Affairs and Law of the Sea to Taiwan and the Philippine Maritime row

1. Test of Foreign Policy of the Philippines
2. Bias reports from Taiwanese Media
3. Taiwanese intentionally ventured beyond even Taiwan's own "provisional boundary"
4. Taiwan is not entitled to claim Philippine waters as being within its EEZ as if the Philippines does not exist
5. Taiwan violates its own law by unilaterally and illegally appropriating for itself the Philippine EEZ around the Batanes Islands through the provisional boundary
6. Philippine Coast Guard (PCG) was justified in attempting to intercept, board, inspect, and if necessary, arrest the Taiwanese vessel since it was in flagrante delicto with absolutely no right to fish in Philippine waters
7. Opportunistic politics Taiwanese government has absolutely no moral or legal right to enact sanctions against the Philippines, nor to demand that the Philippines surrender its fisheries resources through a fisheries agreement, nor to allow or encourage personal reprisals against Filipino citizens in Taiwan.
8. Taiwanese government Acts of bad faith for condonation and encouragement of illegal fishing in Philippine waters by encouraging their fishermen to ignore the fact that they are fishing in Philippine watersAnd taking advantage of the weakness of Philippine naval and law enforcement assets
9. Taiwanese government is officially sponsoring and condoning illegal, unreported, and unregulated (IUU) fishing in Philippine waters
10. The recent conduct of military exercises in the north, and the threat that Taiwanese government is ready to send its navy into Philippine waters to protect its fishermen who fish illegally, may be considered as a threat of the use of force and tantamount to an act of aggression prohibited by international law.
11. If Taiwan persists in these aggressive activities, the Philippines has sufficient reason to bring the matter to the attention of the UN Security Council as an act of aggression and a threat to regional peace and security instigated by a non-State actor
12. The Philippines should not act so timid and ashamed of enforcing its own laws and protecting its own natural resources, even if law enforcement leads to incidents such as this.
13. Philippines may acknowledge own mistakes, but we should never bow to shameless bullying

Standing firm against Taiwan's strong-arm tactics

The death of Taiwanese fisherman Huang Shih-Cheng on account of Philippine law enforcement activities is yet another test of Philippine foreign policy, particularly its resolve to protect the nation's territory and marine wealth.

It should be clear that the loss of a human life under any such circumstance is regrettable and a valid cause for reflection and concern. But a singular misfortune should not be unscrupulously used as a political hammer with which to bludgeon Philippine dignity and demand a surrender of legitimate Philippine interests.

The context of the incident must be clarified. Information from Taiwanese media reports on the incident, biased as they are, reveal that the Taiwanese fishing boat Guang Da Xing 28 was illegally fishing well within Philippine waters.

The assertion that the vessel was in Taiwanese waters at the time is an assertion made in bad faith, shown indisputably by the geographic coordinates and vessel track publicly released by Taiwan's Coast Guard Administration (TCGA).

First, the vessel's track shows that it intentionally ventured beyond even Taiwan's own "provisional boundary," which it unilaterally established without the consent of the Philippines for purposes of maritime regulation of its own vessels. In other words, the vessel was fishing outside Taiwan's own claimed maritime areas.

Second, the vessel was fishing approximately 43 nautical miles east of Balintang Island, far beyond any Taiwanese territory and undeniably closer to Philippine territory.

Third, the vessel deliberately sailed into and intentionally fished beyond the median line created by the overlapping EEZs of the Philippines and Taiwan. In international law, while all coastal states are entitled to claim EEZs of up to a maximum of 200 nautical miles, in case of overlapping zones, they may legitimately claim only up to the median line which is equidistant at all points from their respective baselines. The only exception is if they agree upon a different boundary by treaty.

Even if Taiwan were a full-pledged coastal state, it is not entitled to claim Philippine waters as being within its EEZ as if the Philippines does not exist. If that was a valid argument, then Taiwan should consider most of its waters open to Philippine and Japanese fishing vessels up to the mainland coasts which are all within 200 nautical miles of either Philippine or Japanese territories.

Furthermore, Article 4 of Taiwan's own EEZ law requires Taiwan to seek an agreement on the basis of equity to resolve overlapping EEZ boundaries. In international law, a median line based on equidistance is presumed prima facie to be an equitable line, unless special circumstances show it to be otherwise.

Caught in the act

Instead of establishing the boundary by agreement and on the basis of equity, Taiwan violates its own law by unilaterally and illegally appropriating for itself the Philippine EEZ around the Batanes Islands through the provisional boundary.

A map of the area of the incident, showing the Philippine treaty limits, Taiwanese provisional boundary, and median line of the overlapping EEZs from the two countries' respective baselines, and the vessel's track, all prove (based on Taiwanese accounts) that the vessel was committing a violation of Section 87 of the Philippine Fisheries Code, or the offense of poaching in Philippine waters.

The Guang Da Xing 28 deliberately fished about 130 nautical miles inside the Philippine EEZ. For this reason alone, the Philippine Coast Guard (PCG) was justified in attempting to intercept, board, inspect, and if necessary, arrest the Taiwanese vessel since it was in flagrante delicto with absolutely no right to fish in Philippine waters.

Until the offending vessel is actually boarded and inspected, the PCG cannot afford to let its guard down; the limited naval and coast guard assets in that area are faced with multiple possible threats.

The area of the incident in particular has long been a problem for maritime law enforcement not only on account of illegal fishing, but also smuggling, drug trafficking, illegal logging, and illegal migration activities. Whether any other violations were also being committed, unfortunately, may no longer be determined since the PCG was unable to carry out the arrest.

Duplicity, opportunism

The incident having arisen on account of the commission by the Taiwanese vessel of an offense, Taiwan has absolutely no right to demand that the Philippines enter into a fisheries agreement with it, in order to give Taiwan access to the Philippine EEZ. Neither does it justify Taiwan's imposition of economic sanctions against the Philippines. Such an agreement would be morally unacceptable because in effect, it allows Taiwan to profit disproportionately from an illegal act.

More sanguine Taiwanese observers and scholars admit that the Taiwan government is merely over-reacting to the situation. But this is an understatement; taken as a whole, the Taiwanese government's reactions smack of duplicity and opportunism.

What Taiwan is legitimately entitled to is only an honest and impartial investigation of the incident, just as in any other case where a person suffers injury or death on account of law enforcement. The use of force is generally authorized in all law enforcement operations (otherwise it would not be credible or effective).

In international practice, such use of force is generally disfavored but not absolutely prohibited. Even the FAO Code of Conduct for Responsible Fisheries (CCRF), a generally-accepted international instrument that includes guidelines for fisheries law enforcement by coastal states, recognizes that it may be necessary to use force to physically stop a suspect vessel. This is in cases where a vessel does not respond to standard instructions to stop and permit boarding and despite repeated warnings by radio or loud hailer.

The CCRF does admonish, though, that particular care be taken when using force, and that states should employ only the minimum amount necessary to ensure compliance with lawful instructions.

What is not permitted is the use of "excessive" force. In accord with standard international practice, whether a degree of force applied is still permissible or already excessive depends on the circumstances.

For maritime law enforcement by the Philippine Navy or the PCG, this depends on the so-called "rules of engagement" that govern their operations at sea. Such rules prescribe, in a clear and calibrated manner, the actions that a vessel may take in order to carry out its functions. They describe the conditions under which a ship captain may or may not use force, and to what degree.

This makes it even more important to determine, through proper, calm, and impartial investigation, whether the PCG was justified in shooting at the Guang Da Xing 28 in the manner that it did.

Three questions are key to this issue.

First, whether the PCG vessel followed proper procedures in intercepting and attempting to board and inspect a foreign vessel caught fishing in Philippine waters. Second, whether the Guang Da Xing 28 attempted to resist or elude the PCG in carrying out its law enforcement mandate. And lastly, whether the act of firing upon the Guang Da Xing 28 was a reasonable course of action under the circumstances in order for the PCG to carry out its duty to enforce the law at sea.

If the investigation results in a finding that there was indeed an "excessive" use of force, then the chips must fall where they must and the officers responsible must be held accountable in accordance with our law. This is the appropriate, principled, and dignified response.

Beyond that, the Taiwanese government has absolutely no moral or legal right to enact sanctions against the Philippines, nor to demand that the Philippines surrender its fisheries resources through a fisheries agreement, nor to allow or encourage personal reprisals against Filipino citizens in Taiwan.

The Taiwanese President's highly inflammatory remarks calling the death "cold blooded murder," his government's outright denial of working visas to Filipino workers, his rejection of the President's personal apology (despite the absence of solid basis), and use of the fisherman's demise as an excuse to threaten the Philippines with economic sanctions in order to coerce the Philippines to grant its unjustified demands, all smack of opportunistic politics.

The reprisals taken against innocent OFWs in Taiwan and Filipinos in general are racist responses and not acts of civilized nations nor of responsible members of the international community.

Acts of bad faith

The Taiwan government's actions expose a patently illegal agenda of forcing its modern industrialized fishing fleet upon Philippine waters to the detriment of our artisanal fishing communities, and is rooted in Taiwan's own official condonation and encouragement of illegal fishing.

The location and configuration of the TCGA's provisional boundary, the assertion of a full 200 nautical mile EEZ that disregards the presence of Philippine land territory, and the disproportionate sanctions in response to an unfortunate outcome of Philippine law enforcement operations, are all acts of bad faith. They should be considered as an affront to the rights and dignity of the Philippines as a full-pledged and independent coastal State.

By encouraging their fishermen to ignore the fact that they are fishing in Philippine waters, and taking advantage of the weakness of Philippine naval and law enforcement assets, the Taiwanese government is officially sponsoring and condoning illegal, unreported, and unregulated (IUU) fishing in Philippine waters.

A number of international instruments condemn IUU fishing, and the Philippines should consider having Taiwan declared an IUU-sponsoring entity in bodies such as the Western and Central Pacific Fisheries Commission, so that the international community can take action against its entire fishing fleet everywhere in the world.

Furthermore, the recent conduct of military exercises in the north, and the threat that Taiwanese government is ready to send its navy into Philippine waters to protect its fishermen who fish illegally, may be considered as a threat of the use of force and tantamount to an act of aggression prohibited by international law. It is an open declaration that it will use force to take the country's marine fisheries in its EEZ.

By taking this course of action, the Taiwanese government transforms Taiwan into a rogue maritime nation, flaunting its military and economic assets against smaller, weaker coastal nations in order to appropriate their natural resources. It amounts to nothing less than official blackmail and extortion.

While Taiwan is not recognized as an independent state and is not a member of the United Nations, as an international actor it is still subject to the same basic rules of international relations. If Taiwan persists in these aggressive activities, the Philippines has sufficient reason to bring the matter to the attention of the UN Security Council as an act of aggression and a threat to regional peace and security instigated by a non-State actor.

Even if it later turns out that Philippine law enforcement authorities committed a serious mistake in law enforcement that caused the unfortunate death of a Taiwanese citizen, the country should not succumb to the completely unjustifiable and disproportionate reactions of the Taiwanese government.

The country's relative weakness in terms of economic and military might, and our OFWs' employment and the dependence of their families on their remittances, do not justify the strong-arm tactics that the Taiwanese government.

The Philippines should not act so timid and ashamed of enforcing its own laws and protecting its own natural resources, even if law enforcement leads to incidents such as this.

We may acknowledge our mistakes, but we should never bow to shameless bullying.

The author is Assistant Professor, UP College of Law and Director, UP Institute for Maritime Affairs and Law of the Sea.

With report from Rappler.com

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Batanes Fisher folks Opposed signing Philippines-Taiwan fishing rights; Violation of “Archipelagic State” UNCLOS

A Filipino Friendly Taiwanese fisherman; Mr Hung was shot inside the Philippine archipelagic baseline waters in the balintang Channel last May 9, 2013 

Philippines could be sanction if will violate the article 51 with the Bahamas, Indonesia, Fiji, and Papua New Guinea

In the UN Convention on the Law of the Sea (UNCLOS) held in Jamaica last December 10, 1982; Five (5 ) Sovereign nations that includes the Bahamas, Indonesia, Fiji, Papua New Guinea, and the Philippines were approved and qualified as "Archipelagic States" which terms and conditions mentioned in the Part IV Archipelagic State: Article 51- Existing agreements, traditional fishing rights and existing submarine cables .. as  said ..

" for the exercise of such rights and activities, including the nature, the extent and the areas to which they apply, shall, at the request of any of the States concerned, be regulated by bilateral agreements between them. Such rights shall not be transferred to or shared with third States or their nationals".

This article 51 of the UNLCOS in the UN Convention on the Law of the Sea held in Jamaica last December 10, 1982 means for the case in Southeast Asia and east Asian countries, only Indonesia and the Philippines could share its fishing rights as both are archipelagic states and "shall not shared with third States or their nationals"

The Philippines could not share its fish in between islands of the country to Taiwan as Taiwan is not an archipelagic State.

An Archipelagic State; In various conferences of the United Nations on the Law of the Sea (UNCLOS), Indonesia, the Philippines, Papua New Guinea, Fiji and the Bahamas are among the five sovereign nation that got the approval in the UN Convention on the Law of the Sea (UNCLOS) held in Jamaica last December 10, 1982 and qualified as Archipelagic States.

"Archipelagic States are states that composed of groups of islands forming a state as a single unit, with the islands and the waters within the baselines as internal waters. By this concept (Archipelagic doctrine), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their "breadth and dimensions", form part of the internal waters of the state, subject to its exclusive sovereignty"

Looking at the archipelagic baseline of the Philippines, the Philippines could not share its fish to Taiwan for the fishing ground in the  Batanes group of Islands up to the Y'ami island and the  Balintang Channel, where the recent shootout of a Taiwanese fishermen who is a very friendly to Filipinos happened,.

Fishing agreements that would not violate the UNCLOS provision article 51 would be only applicable in Bashi Channel beyond Y'Ami Island or in between Orchid Island and Y'Ami Island with coordinates of 21° 33'42" N and 121° 44'51" E.

Another case of shootout happened to a wandering Taiwanese fishermen in 2006 happened in Batanes Group of Islands shore which 2 Philippine police men were listed by Taiwan as "wanted" after the shootout inside the Philippine Archipelagic Baseline.

Taiwan's fishing agreement would be limited only outside the Philippine Archipelagic baseline as it would jeopardize the UN Convention on the Law of the Sea (UNCLOS) held in Jamaica last December 10, 1982 it if would allow Taiwan to fish inside the Philippine archipelagic baseline.

Taiwan is not an archipelagic state which UN convention article 51 is not applicable to them.

Filipinos Opposed the Fishing Agreement between the Philippines and Taiwan inside Philippine Archipelagic baseline

As reported in the BBC News Asia, for generations, Quirino Gabotero Jr's family and the estimated 15,000 people in the Philippines' northernmost Batanes Islands have been relying on the sea for a living. But in recent decades, they have seen their food source decline.

The same body of water around the islands is also claimed by neighboring Taiwan as its exclusive economic zone. Taiwanese fishermen are able to catch more fish with their bigger boats and more sophisticated fishing methods.

They have even depleted the stock of flying fish - something they use as bait, but is staple food for Batanes residents, said Mr. Gabotero.

"During the times when we don't see them, we get 1,000 or 2,000 flying fish in one catch. When they're around, we don't catch so many, perhaps only 100," said Mr. Gabotero.

Unlike Taiwanese fishermen, many of the Philippines 1.6 million fisher folk are not commercial fishermen, and nearly half of them are considered poor, according to the government.

"Our fishermen catch just enough to feed their family, but nothing more. They can barely build their house, or send their children to school. Some of them are so poor they have to work as migrant workers on the Taiwanese fishing boats to fish in their own waters," said Mr. Gabotero.

Tensions over this unequal ability to tap the rich marine resources of the South China Sea and West Philippine Sea have been brewing for years.

They exploded in a diplomatic row between Taiwan and the Philippines this month when 65-year-old Taiwanese fisherman Hung Shih-cheng was shot dead after Philippines coast guard opened fire on his boat while he was fishing in the overlapping waters of the two sides' exclusive economic zones.

Since then, both Taipei and Manila have sent naval vessels to disputed parts of the South China Sea and West Philippine Sea.

This incident highlights how unresolved disputes in the resource-rich South China Sea and West Philippine Sea could potentially threaten good relations among countries in the region, and even regional stability.

"We are against signing a fisheries agreement because that means we are giving our resources to them without getting our fair share" Quirino Gabotero, Filipino fisherman"

'No shelter'

Besides Taiwan and the Philippines, several countries, including China, Vietnam, Malaysia and Brunei claim part or all of the sea - believed to be rich in oil and natural gas deposits, besides fish stocks.

While attention has been focused on the Philippines-Taiwan dispute, other countries are also involved in fishing and territorial disputes in the sea. Taiwan's boats also have been detained by Indonesia and Vietnam, while the Philippines regularly deal with "poachers" from China, Malaysia and Vietnam.

"The most problematic is China, not really Taiwan, because they have made a map which includes our territorial waters," said Jonathan Bickson, chief of the captured fisheries division in the Philippines' Bureau of Fisheries and Aquatic Resources.

"One country even sends maritime patrol vessels. When our fishermen go to these fishing grounds, they even drive them away, even though these are our fishing grounds, especially Scarborough Shoal in western Philippines," he said.

"So our fishermen now cannot even make shelter in Scarborough when there's rough seas or when there are typhoons. The situation has gotten worse in recent years."

China insists the shoal is historically Chinese territory.

In the case of the body of water separating Taiwan and the Philippines, Philippine fishermen have been notifying their coast guard when they spot Taiwanese boats. That has led to a rise in fines and arrests of Taiwanese fishermen.

Taiwan's Fisheries Agency estimates that in the past three decades, there have been 108 incidents of Taiwan's fishing boats being stopped, fined or confiscated or crews detained for six months to a year by Filipino authorities.

Fines imposed on the crews have ranged from $50,000 (£33,000) to $60,000, according to the agency. The actual numbers are believed to be higher because some cases are settled without being reported to Taiwan's authorities.

'Don't dare to sleep'

Taiwanese fishermen also see themselves as victims. For generations, they have lived off the sea, but they say each time they head out to what they consider as their fishing grounds, they face risks.

"The Philippines consider the area their waters, so they've confiscated our boats, fined us and they've opened fire in the past. This was not the first time. It's happened many times before," said Tsai Bao-hsin, director of Taiwan's Liouciou District Fisheries Association, whose fishermen regularly fish in the area.

At least one other Taiwanese fisherman was shot dead a few years ago. More than 1,000 boats have been confiscated, according to Mr. Tsai.

When confronted, many of the fishermen have to make the split-second decision of whether to stop and pay a huge fine, risk having their boat confiscated and being jailed, or try to get away.

Investigators from both sides are probing the shooting of Mr.. Hung, but his son - who was onboard at the time - has said the boat was sprayed with bullets when they tried to get away to avoid paying a fine they didn't think they should pay because they were fishing in waters Taiwan considers its territory.

Despite the dangers, more than half of Taiwan's estimated 350,000 fishermen sail to the South China Sea and West Philippine Sea. That's because it's a good place to catch the very valuable tuna - of which Taiwan is one of the biggest producers in the world.

But the killing of Mr. Hung is considered by the Taiwanese as the last straw. Taiwan's fishermen are demanding their government negotiate an agreement with the Philippines on fishing rights to stop the harassment they say they regularly face and to prevent similar incidents from happening again.

"Sometimes we don't even dare to sleep at night when we are out at sea," said Hung Sheng-huei, who had fished since the age of 16 but gave it up after he was arrested by the Philippines in 2010 and spent three months in a crowded jail cell.

"When they stopped us at sea, they all had guns. They demanded I pay $120,000. It's like we were an ATM machine. I offered to wire them the money, but they wanted cash. I didn't have it."

Mr. Hung said he ended up turning over his boat to them to get out of jail. He now works odd jobs for other fishermen and lives on his savings.

"It's a big impact on my family. We depend on the sea for a living," said Mr. Hung, who added that he will only return to sea if the two sides reach a fishing agreement.

But most Batanes fishermen are opposed to the signing of such an agreement, even though Manila has expressed interest in holding talks at some point.

"We believe the Batanes territory, including the waters within it from the north to south, the Philippine government owns that," Mr. Gabotero said. "We are against signing a fisheries agreement because that means we are giving our resources to them without getting our fair share."

It remains to be seen whether the two sides can find a mutually beneficial and acceptable way of resolving this difficult dispute. If they do, it could set an example for other countries with claims to these waters.

With report from BBC News Asia

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Philippine Manufacturer of M4 Assault Rifles step-up Self-Reliant Defense Program (SRDP), call for “buy Filipino” cause

UDMC M4s

Philippine defense companies fight for "buy Filipino"

By Norman Sison, VERA Files

It was not your usual errand. Several days ago, the head of the security force tasked with protecting President Aquino, toured a small three-storey plant in a Manila suburb that manufactures M4 assault rifles, the standard battle rifle of the US Army.

In April, United Defense Manufacturing Corporation sent a letter inviting Aquino to visit and see what the company could do for the military. In line with his efforts to modernize the armed forces, Aquino forwarded the letter to the Presidential Security Group and ordered them to take a look.

Last May 16, General Chito Dizon, who heads the PSG, went himself to see if the rifles will meet the requirements of the PSG's Special Reaction Unit, which responds to an emergency at a moment's notice. Dizon was impressed. If United Defense's rifles pass further testing, the PSG will place an order for its elite unit.

This is a welcome relief for Gene Cariño, president of United Defense. Since the company started in 2009, Cariño could only look as the country's military and police forces bought rifles and other weapons from abroad. Because of requirements imposed by law, his company is not qualified to bid for government contracts for assault rifles.

Earlier this month, the Department of National Defense awarded a contract for 50,000 M4s to US company Remington. The other bidders were legendary American firearms company Colt, Manroy and Sig Sauer.

"We are really no match for foreign brands," Cariño says, exasperated.

UDMC Assembly

UDMC Assembly

It is a frustration shared by Bert del Mundo, vice president for corporate planning and corporate development for local gun company Armscor. Last year, the company lost a bid for a Philippine National Police contract for 60,000 9mm pistols to an importer of the Austrian-made Glock. Armscor was the only Philippine company that made a bid.

In an attempt to change the landscape, del Mundo called on several local defense companies, including United Defense, to explore the possibility of putting up an association to push their "buy Filipino" cause. Two representatives showed up at the meeting on March 28 at Armscor's Ortigas Center office.

One idea for the proposed Defense Manufacturers Association of the Philippines is for it to form a core group of defense contractors that will meet the needs of the military and other security forces.

"We submit a plan to the government telling them, 'This is the focus of each group member.' We match the government's future requirements. That is the concept of the Self-Reliant Defense Program (SRDP)," says del Mundo, referring to the government efforts for the country to develop its own defense industry and rely less on other countries for weapons.

In 1974, when the Philippine military was still the envy of Asia, Ferdinand Marcos issued Presidential Decree 415, establishing the SRDP. However, it was discontinued for some reason. By the time Marcos was ousted by a popular revolt in 1986, the military had become among the world's weakest because of neglect, corruption and incompetence.

The Aquino administration has revived the SRDP following China's seizure of Scarborough Shoal from Philippine control last year.

Cariño was unable to attend the Armscor meeting, but had sent his thoughts to del Mundo in a letter. One, that the SRDP be made into a law to ensure continuity. "Enacting SRDP into a law by Congress will hopefully bring it forward as a mandate rather than as a mere initiative by the current and future administrations," he wrote.

Two, seek court relief from a government procurement law, Republic Act No. 9184, that Cariño says "unwittingly tends to favor foreign manufacturers".

Expecting Congress to take forever to act, Cariño said the group should file a "petition for declaratory relief with the proper court with the objective of hopefully gaining the court's favorable ruling that the SRDP takes precedence and importance over and above RA 9184 and other laws that tend to impede upon the SRDP program."

Del Mundo explains how the government procurement law stunts the local defense industry: "When you hold a public bidding, the agencies are not required to name any specific brand because it is an open bidding. So, for example, when they need a standard pistol, it should be generic — 45-caliber pistol, period. If you state a specific brand, you are favoring that brand, which is against the law. Since it's an open bidding, anybody can bid whether you are local or foreign."

Cariño has a long-term view for the proposed defense association. He envisions its members pooling their assets and resources into research and development and produce more sophisticated weaponry. "Size is might when leveraging with the banks and other creditors," he says. Cariño points to South Korea, which produces its own rifles, fighter planes, tanks, missiles, navy ships and other weaponry.

Cariño intends to push for the creation of the defense association and lead the "buy Filipino" charge, saying that to back off now would only waste the millions he has already invested in his company.

"There is strength and influence in numbers. No matter how noble and novel your idea is, if you are just one company, you are weak," he says. "It becomes more difficult if the company driving the novelty is up against a government that seems to favor foreign brands."

(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for "true".)

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The Philippines to mark Flag Days Beginning Tuesday May 28, 2013

We are calling all Filipinos in the Philippines and the Philippine Living Heroes the Overseas Filipino Workers (OFW) around the world to raise our Philippine Flag beginning Tuesday May 28, 2013

MALACAÑANG urged Monday the Filipinos to learn more about the Philippine flags as the country commemorates the Flag Days starting Tuesday.

In a statement she read during the press briefing, deputy presidential spokesperson Abigail Valte said that the government will publish an infographic regarding the Philippine flag on the Official Gazette in commemoration of Flag Days from May 28 to June 12.

"Tomorrow, we mark the 115th anniversary of the first time the Philippine flag — in its original form, as sewn by Filipino expatriates in Hong Kong — was used as the revolutionary standard during the Battle of Alapan, Cavite," she said.

"It also marks the beginning of Flag Days, mandated by Republic Act 8491 or the Flag and Heraldic Code of the Philippines, that designates May 28(anniversary of the Battle of Alapan) to June 12 (Independence Day) every year as a period when the display of the Philippine flag — the Sun and Stars — in homes, government buildings, and private establishments is encouraged," she noted.

In commemoration of this annual observance, Valte said the Presidential Communications Development and Strategic Planning Office (PCDSPO) is publishing a series of features on the development of the flag, the country's coat of arms, as well as other historical flags of the Philippines on the Presidential Museum and Library website.

"We enjoin our countrymen to learn more about our flags and take pride in this unifying symbol of our nationhood and our collective aspirations," Valte said.

Valte also announced that the PCDSPO has published a comprehensive historical briefer on the storied Mansion House in Baguio in celebration of May as National Heritage Month.

"From its beginnings as a summer retreat for American Governors-General and venue for diplomatic activities, the Mansion House now serves as the official residence of the Chief Executive in the country's summer capital," Valte said.

"Integrating memoirs and official documents from the American period through World War II and the contemporary era, the briefer celebrates the legacy of one of Baguio's most prominent landmarks as a contribution to the yearlong commemoration of Philippine heritage and history, spearheaded by the National Commission on Culture and the Arts," she added. (SDR/Sunnex)

SunStar

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Philippines, Brazil inked initial air services agreement for Rion de Janeiro - Manila Direct Flight

(Top, left photo) Undersecretary Rafael E. Seguis (right) and Mr. Bruno Silva Dalcolmo, Superintendent of the National Civil Aviation Agency initial the Air Services Agreement (ASA) for the Philippines and Brazil, respectively. (Top, right photo) DOTC Undersecretary Jose Perpetuo M. Lotilla (right) and Mr. Dalcolmo sign the MOU between aeronautical authorities. (Photo below) Undersecretary Seguis shakes hands with Mr. Dalcolmo at the conclusion of the negotiations.

The Philippines and Brazil negotiated and initialed an Air Services Agreement on May 20 at the office of Brazil`s National Civil Aviation Agency (ANAC) in Rio de Janeiro, Brazil.

The ASA would pave the way for the two countries' respective carriers to mount daily flights to and from each other's territory.

Department of Foreign Affairs (DFA) Undersecretary Rafael E. Seguis headed the Philippine delegation, composed of officials from the DFA, Civil Aeronautics Board (CAB), Department of Transportation and Communications (DOTC), Department of Tourism (DOT) and the Philippine Embassy in Brasilia, which successfully negotiated the country's first ASA in South America with the objective of opening new destinations for Philippine carriers  and boosting Philippine tourism.

In his welcome remarks, Mr. Bruno Silva Dalcolmo, Superintendent of International Relations of ANAC and head of the Brazilian delegation, said that Brazil considers the Philippines as the "perfect gateway to Asia."

In response, Undersecretary Seguis expressed optimism that the ASA will result to further increases in tourism figures and people-to-people exchanges between the two countries. Brazilian tourists comprise the largest tourist arrival in the Philippines from South America and are considered among the biggest tourism spenders accounting for $22 billion spent internationally in 2012. On the other hand, the Philippines could serve as another gateway to the ASEAN market of at least 600 million people.

Pending ratification of the ASA,  the aeronautical authorities of both countries signed a Memorandum of Understanding (MOU) granting traffic rights and setting out other operational details for their  designated carriers.

The ASA is the 11th bilateral agreement between the Philippines and Brazil and a milestone in the two countries' 53 years of formal diplomatic relations.

Ms. Ma. Socorro R. Gonzaga, Philippine Airlines' (PAL's) Vice President for External Affairs, confirmed that with the signing of the MOU, PAL may fly to Brazil three times a week and up to seven flights a week.

dfa.gov.ph, Official Gazette of the Philippines

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2013 QS World University Rankings TOP lists Philippine Universities

Shopping for a university? If you're looking to study abroad, check out the 2013 QS World University Rankings by Subject, which recognizes the top 200 universities in the world in 30 areas of study. If you're not going to stray too far, there is also a chart ranking higher education institutions (HEIs) within the country.

On top of the world this year is Harvard University, which ranks No. 1 in 10 disciplines, followed by Massachusetts Institute of Technology (MIT), which topped seven areas of study; University of California (UC) Berkeley (4); Oxford (4); Cambridge (3); Imperial (1); and UC Davis (1) (see chart below).

The data may be interpreted in many ways, of course. For instance, although Harvard hogs more top spots than any other university, it is the University of Cambridge that makes it to the top 10 in most subjects with 27, leading Oxford and Berkeley (23), Stanford (22) and Harvard (21).

Three Philippine HEIs are among the top 200 universities in three of the 30 subjects ranked. They show a strong performance in English language and literature, with Ateneo de Manila University (ADMU) and the University of the Philippines (UP) both placing in the 51-100 range and De La Salle University (DLSU) in the 101-150 range.

UP is also among the top 200 HEIs for agriculture and forestry, while ADMU also figures in the top 200 for modern languages.

Now look at the country file (see chart for an overview of Philippine HEIs rankings by subject).

Here UP shines at No. 1 in 22 out of 30 disciplines and is in the top three in 27 out of 30 subjects. ADMU takes the topmost rank in five and is in the top three in 22 out of 30 areas of study. DLSU ranks first only in chemical engineering but is in the top three in 15 out of 30 disciplines.

QS limited its rankings in the country version to the first five. The other universities that are in the top tier here are the University of Santo Tomas (in 15 out of 30 disciplines); Mindanao State University-Iligan Institute of Technology (6); University of San Carlos (4); Ateneo de Davao University (4); Polytechnic University of the Philippines (4); Mapua Institute of Technology (3); Asian Institute of Management (2); and Mindanao State University, Xavier University, St. Louis University, Central Mindanao University and Silliman University (1).

For some reason, the Asian Institute of Management is ranked first under the heading "Engineering-Mechanical, Aeronautical and Manufacturing," when it offers no such programs, and No. 2 under "Accounting and Finance," when it offers only master's programs in Business Administration and in Development Management.

Back to the global evaluations. In the QS World Ranking of Universities, which is separate and apart from the 2013 study that ranks HEIs by subject, out of 873 institutions UP is at 348, ADMU is in the 451-500 ranking and DLSU is in the 601+ group.

In the 2012 QS University Rankings: Asia, which evaluated the top 300 universities in Asia, UP ranked No. 68 and ADMU ranked No. 86, while other local HEIs fared thus: DLSU (142), UST (148) and the University of Southern Philippines (251-300).

The recently released world rankings by subject evaluated 2,858 HEIs. As the official media release says: "It is the only international comparison that allows prospective students to compare universities in their particular area of interest."

QS tapped some 70,000 academic experts and graduate recruiters worldwide for input. It asked academics to name the leading universities within their field. Employers, on the other hand, identified the universities that they believed were responsible for the best graduates in a given area.

And how did the Asian universities fare overall? They shone in such disciplines as science, engineering and technology. In civil engineering, for instance, nine out of the top 20 HEIs are in Asia, with Japan's University of Tokyo ranking third and Kyoto University, seventh, along with three HEIs from Hong Kong and two from mainland China.

But it isn't just the ace Asian universities that are giving the US, UK and European HEIs a run for their money. Keenly competitive are the Australian universities that ranked among the global top 20 in 25 of the 30 areas of study.

Founded in 1990, QS is a British education and career networking company that has been ranking universities worldwide since 2004 based on research, teaching, employability and internationalization. In 2011, QS extended the study to cover a range of popular subjects.

The 2013 QS World University Rankings by Subjects evaluated the performance of HEIs in the arts and humanities, engineering and technology, life sciences and medicine, natural sciences, social sciences and management for specific subjects such as English language, modern languages, history, mathematics, accounting and finance, electrical engineering, chemical engineering and psychology, among others.

For the full methodology, log on to TopUniversities.com.

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Still More Reasons to be Late

Republic Act 10535 - Philippine Standard Time. Photo by UNTV

By: Sherwin M. Cesar

The passage of Republic Act 10535 setting the Philippine Standard Time (PST) and institutionalizing the first week of the year as the National Time Consciousness Week has been eliciting praises from online, print, and broadcast media. Some even remarked that "Filipino time" may become a thing of the past.

Signed by President Benigno Aquino III last May 15, 2013, the Act mandates all national and local government offices to display Philippine Standard Time on their official time devices, following the official time provided by the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA). Such offices are further directed to synchronize their official time pieces with PAGASA at least once every month.

The thing is, since time immemorial, PST has already been instituted. What's new then? Given that PAGASA equipment and system of maintaining and disseminating the Philippine Standard Time would be commendable, will the newly-signed law help eradicate the so-called "Filipino time?" Definitely NO! First and foremost, "Filipino Time" is NOT a technical problem; it should not be taken literally. It has a deeper, shameful, embarrassing meaning; it pertains to ones negative attitude with respect to time management, time consciousness, or sense of punctuality.

We Filipinos are known for our creativeness. Even when hardly pushed against the wall, we can always create ways or reasons to escape. As if we have tons of reasons loaded in our pockets. Being late in the workplace or to an appointment for example, is no big deal. We can always create "palusot" when the need arises—traffic, illness, kid's school activities, doctor's visit, and a thousand more.

Time synchronization then, will not, in any manner, change the deeply-rooted Filipino attitude. Thus, "Filipino time" can or will never be a thing of the past unless Juan's disposition and attitude with respect to time will change (of course for the better) in the future. Otherwise, there are still thousands of reasons to be late.

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Dan Brown calls Manila 'gates of hell' in novel “Inferno”; Upsets MMDA and DOT Departments

Dan Brown's Inferno

Philippines -- While travel magazines have recently been citing the Philippines as a tropical paradise, American author Dan Brown seems to think otherwise based on his much-anticipated new novel.

In "Inferno," the fourth part in Harvard art professor Robert Langdon's adventures, one of the characters goes through "the gates of hell" in Manila.

The description of the city is from the first-hand account of one of the fictional characters, the messianic Dr. Sienna Brooks.

One character from the novel, Sienna Brooks, joined a humanitarian mission to Manila only to be shocked by its poverty and then raped by local ruffians.

An excerpt from the book goes: "When the group settled in among the throngs in the city of Manila—the most densely populated city on earth—Sienna could only gape in horror. She had never seen poverty on this scale."

As written in a fictional novel of Dan Brown in his Book, Dr. Brooks, went to the Philippines for a mission to supposedly feed poor fishermen and farmers on the countryside.

She expected the Philippines to be a "wonderland of geological beauty, with vibrant seabeds and dazzling plains."

Upon setting foot in Manila, however, Brooks could only "gape in horror" as "she had never seen poverty on this scale."

She said her "dark depression" flooded back, with pictures of poverty and crime flashing through her eyes.

"For every one person Sienna fed, there were hundreds more who gazed at her with desolate eyes," the book read.

One after the other, the book described chaotic Manila: "six-hour traffic jams, suffocating pollution, horrifying sex trade."

The book described the sex industry as consisting mostly of young children "many of whom had been sold to pimps by parents who took solace in knowing that at least their children would be fed."

"All around her, she could see humanity overrun by its primal instinct for survival…When they face desperation…human beings become animals," the book read.

The book went on to detail a turning point in Brooks' life. "I've run through the gates of hell," she said.

Traumatized, Brooks "left the Philippines at once, without even saying goodbye to the other members of the group."

This is not the first time that the Philippines' so-called ugly side was described in novels and movies.

Hollywood actress Claire Danes got a lot of bad press when she shot her 1999 movie "Brokedown Palace" in the Philippines which settings is in the garbage area. She described Manila as smelling "of cockroaches. There's no sewage system in Manila, and people have nothing there. People with, like, no arms, no legs, no eyes, no teeth."

She was later declared persona non grata.

Last year, actor Taylor Kitsch created a controversy when he described his "airport nightmare" supposedly in the Philippines to TV talk show host David Letterman, claiming an immigration officer even tried to take his iPhone. It turned out that Kitsch was actually talking about Indonesia but did not bother to correct his statement despite the social media backlash.

Tourism officials have been trying to bring to boost the image of the Philippines with its catchy phrase, "More Fun in the Philippines." The Department of Tourism reported an increase in tourist arrivals last year.

The Philippines also had its fair share of praise from Hollywood when stars Jeremy Renner and Rachel Weisz spoke about their experiences shooting "The Bourne Legacy" in the country last year.

Just last week, Vin Diesel was seen roaming around town in a jeepney.

The impact of Dan Brown's "Inferno" remains to be seen. While a work of fiction, Brown again provides an introduction that confuses the ordinary reader about what's true and what's not -- just like in his popular novel "The Da Vinci Code."

"Inferno" is his take on Dante Alighieri's "The Divine Comedy."

MMDA to Dan Brown: Manila is portal to heaven not gates of hell

MMDA Chairman Francis Tolentino's letter to novelist Dan Brown. Ian Cruz

The Metro Manila Development Authority (MMDA) on Thursday wrote a letter to American best-selling novelist Dan Brown expressing "disappointment" over his "inaccurate" depiction of Manila in his latest novel Inferno.

"While we are aware that yours is a work of fiction, we are greatly disappointed by your inaccurate portrayal of our beloved metropolis," MMDA Chairman Francis Tolentino said in a letter. 

"We are displeased of how you have used Manila as a venue and source of character's breakdown and trauma, much more her disillusionment in humanity," read the letter dated May 23.

Tolentino told GMA News that rather than the "gates of hell" that Brown called Manila, the metropolis is more of a "portal to heaven" because of the residents' religiosity.

 "More than your portrayal of it, Metro Manila is the center of Filipino spirit, faith and hope… Manila citizens are more than capable of exemplifying good character and compassion towards each other, something your novel has failed to acknowledge," Tolentino stressed.

"Truly, our place is an entry to heaven," he added, reversing Brown's depiction of Manila as "gates of hell."

"We hope that this letter enlightens you and may it guide you the next time you cite Manila in any of your works," the MMDA chairman noted.,

Sources: ABS-CBN News and GMA News

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