Thursday, March 20, 2014

Electric companies’ P20-B highway robbery thwarted

There were two big news stories in the past two days affecting the lives of millions of Filipinos in Metro Manila and adjacent towns, but which, surprisingly or unsurprisingly, were buried in the inside pages of mainstream newspapers and reported only as in-the-meantime items. Except for this paper, that is. It bannered this news, for which I’m proud to be part of it.

The Energy Regulatory Commission has stopped the Manila Electric Company’s (Meralco) attempt in December and January to overcharge consumers by P20 billion.

Stung by public outrage that it wasn’t doing its job in protecting electricity consumers, the ERC last week ordered the Philippine Electricity Market Corp. (PEMC) that runs the wholesale Electricity Spot Market (WESM) to find out if Meralco’s claims of the high costs of electricity it bought at that market were correct.

Meralco had claimed that the steep rises of its rates for December and January were due respectively to the P33 per kilowatt-hour and P36/kWh price of the electricity it bought from the WESM in November and December.

False prices, PEMC president Melinda Ocampo reported Tuesday, because the power producers violated market rules, resulting in a colossal market failure. (See for clarification my January 5, 2014 column “USAID study: Electricity ‘spot market’ a farce.”)

Ocampo reported that her firm’s investigation showed that the WESM average price should be P6 per kilowatt-hour for November 2013, and P6.24/kWh in December—shockingly less than one-fifth of what Meralco claimed were the prices it paid for.
Meralco’s profits zoomed up in 2009, when the Indonesian tycoon Anthoni Salim’s firms took control of it.
Meralco’s profits zoomed up in 2009, when the Indonesian tycoon Anthoni Salim’s firms took control of it.

(The WESM is the market in which companies are required to offer the power they produce, from which Meralco and other electricity-distribution firms purchase the electricity they need whenever the generator firms with which they have long-term supply contracts are unable to provide them with the power consumers need. )

Energy Secretary Carlos Petilla on Tuesday also pointed out: “The recalculated rates (of WESM) show a big gap.” And, “The (real) rate is a little over P6 per kWh. It’s an average price for both months. Compared to November and December, it’s a big drop,” said Petilla, who also chairs the PEMC.
This means the WESM power it bought in November should have cost Meralco not the P9.5 billion it reported, but just P2.1 billion, for a difference of P7.4 billion. For December, it cost Meralco not P12.3 billion that it claimed, but only P2.1 billion–a discrepancy of P10.2 billion.

The sum of the discrepancies of the two months is a staggering P20 billion.
An Oxford dictionary defines the idiom “highway robbery” as “the fact of someone charging too much money for something.” That’s a good definition as any for what Meralco and the power generators it bought from attempted to do.

This P20 billion cost would have been passed on in December and January to its captive market, the 10 million residents of metropolitan Manila and adjacent provinces, had the Supreme Court not stopped it in response to petitions claiming the rate hikes were illegal. The Supreme Court action, together with exposes by the independent press on the issue, drove the Energy Regulatory Commission and the PEMC to investigate Meralco’s pricing, especially the costs of its purchases from WESM.
Based on the more accurate WESM prices, the ERC yesterday ordered that Meralco adopt the more accurate rates. It should be P5.9/kwh for December, not the P9.1/kwh Meralco had claimed last year, and for January, P6.1/kwh, not P10.2/kwh.

Those false prices mean huge amounts for a consumer. If you consume 400 kilowatts per month, the more accurate computation would cut your bill by roughly P1,280 for December and P1,640 in January.

The necessity to report and explain the issues using per-kilowatt hour figures conceals the suffering — yes the suffering — inflicted by Meralco’s high rates on Filipinos, who have no choice but to get their electricity from Meralco.

A worker would have paid P1,820 for the 200 kilowatt hours he consumed in December, based on Meralco’s original billing. Under the more accurate bill ordered by the ERC, he would pay only P1,180 — P640 less, a boon that he he would use to buy more nourishing food for his malnourished family.
Try visiting a Meralco frontline office: It’s usually crowded as wageworkers and the poor try to beat the deadline to pay their bills. I’ve even seen poor folks begging, crying for more time to pay, and for the lineman to reconnect their electricity.

The P33/kWh and P36/kWh price at which Meralco bought from the market were the highest in WESM prices since July 2007, when it became fully operational. From that date to October 2013, WESM prices averaged only P7.8 percent, which would give the generators reasonable profit.
However , WESM average prices spiked in the 2012 months of March (P16.3/kWh), June (P20.7), and July (P14.7/kWh). These rate spikes however were not noticed at all, since no one complained against these by filing a suit at the Supreme Court.

The very valid question therefore arises: Were these spikes also unreasonable and due to market failures? Shouldn’t the ERC also investigate these to find out if consumers were actually fleeced by Meralco’s rates, pushed up by these “market prices”?

Discovering now that WESM prices in the last two months of last year were wrong, the ERC should fulfill its mandate for protecting consumes by investigating how Meralco’s profits have been zoomed up since 2009, the Indonesian Anthoni Salim’s firms became Meralco’s controlling stockholders. (See table, and also my column Jan.12, “Meralco’s been raking it in: Why?”)

Is this due to Meralco’s efficiency, to the skill of its new management, especially the purported management genius, its CEO Manuel Pangilinan?

Or is it due to ERC’s failures by allowing the utility company to raise its rates every year, a case of what has been called in economic literature as “regulatory capture”?

Indeed, Indonesian-owned First Pacific Co., Ltd that effectively controls Meralco reported in its 2011 annual report that Meralco’s core income rose to $344 million that year (from $270 million) “due largely to higher tariffs.” In 2012 when its core EBITDA* margin fell, the firm’s report said it reflected “a decrease in (Meralco’s) distribution charge.” (*EBITDA: Earnings before interest payments, taxes, depreciation and amortization.)

What I find outrageous is that even as we have been suffering higher electricity rates since the Indonesian tycoon took over Meralco, his corporate vehicle First Pacific, right after it gained control of Meralco, has jacked up its dividends from it, totaling $128 million from 2009 to 2012.
I’m afraid we’ve lost the capacity to be outraged.

tiglao.manilatimes@gmail.com
www.trigger.ph and www.rigobertotiglao.com

source:  Manila Times

12 airports up for upgrades

THE GOVERNMENT plans to upgrade 12 airports, including Manila’s dilapidated main international airport, as it seeks to attract 10 million foreign tourists by 2016 and help fuel one of Asia’s fastest growing economies.

Three of the projects have a combined cost of up to P54.6 billion while costs for others are still being finalized.

Half of the planned projects will be done through the Public-Private Partnership (PPP) scheme, Cosette V. Canilao, executive director at the agency overseeing the program, told reporters on the sidelines of an investors’ forum in Manila.

Ms. Canilao also said operations and maintenance of these airports could be "bundled" into one tender, which will be offered to investors later this year.

Transportation Undersecretary Rene K. Limcaoco said the government was looking at building a new terminal for the Ninoy Aquino International Airport (NAIA) in Manila, the Philippines’ main gateway, which is also undergoing repair.

The Puerto Princesa Airport on Palawan island, southwest of Manila, and Clark International Airport in Pampanga, north of the capital, are included in the list of gateways which the government wants to modernize and upgrade.

The planned upgrades will "ease our logistic costs, alleviate our traffic congestion and support the target of the Department of Tourism to achieve its 10 million tourists for 2016," Mr. Limcaoco said at the forum.

The Philippines attracted 4.7 million foreign tourists last year, 300,000 short of its goal, state data showed.

President Benigno Aquino wants to make the tourism sector one of the key drivers of the economy. The economy grew 7.2% in 2013, the second fastest in Asia after China.

Rehabilitation of NAIA Terminal 1 will be completed by early 2015 at the latest, while the airport’s Terminal 3 will be fully-operational in July this year, said Mr. Limcaoco.

He also said the Department of Transportation and Communications (DoTC) is sticking with its end-March target to award the P17.52 billion ($391 million) PPP contract for the Mactan-Cebu International Airport Terminal (MCIA).

‘WE WILL NOT BE BULLIED’
The consortium of GMR Infrastructure Ltd. and Megawide Construction Corp. (GMR-Megawide) has made the highest bid, P14.4 billion, for the MCIA project.

Awarding has been delayed two months, however, due to conflict of interest allegations by a rival bidder, the consortium of Filinvest Development Corp. and Singapore’s Changi Airports International (Filinvest-Changi).

There was also a Senate hearing earlier this month on GMR-Megawide’s ability to finance the project, which consortium officials assured in a press conference yesterday.

"The funds are ready. If we’re given the award, we’ll present the check," GMR Deputy Chief Executive Officer Andrew Acquaah Harrison said at the press conference in Cebu yesterday.

Mr. Harrison said "very advanced talks" are being held with three local banks. The Asian Development Bank, International Finance Corp. and Standard Chartered Bank have also issued testimonial letters on GMR-Megawide’s good financial standing, he added.

Manuel Louie B. Ferrer, Megawide chief marketing officer, said BDO Unibank, Inc., which also funds other Megawide projects, heads the consortium of local banks willing to support the airport projects. He added that the same group of local and foreign banks had also financed around 70% of the P14.4-billion upfront payment.

"We believe this [contract] is rightfully ours. We will not be bullied into retreating. We believe we have the financial and technical capability [to undertake the project]," Mr. Ferrer added.

CONFLICTING REPORTS
In a related development, Senator Sergio R. Osmeña III yesterday chided Ms. Canilao for purportedly announcing that the MCIA contract would be awarded to GMR-Megawide.

A newspaper had reported on its Web site on Tuesday that the PPP Center official had said the DoTC was keeping to its target to award the contract to the consortium by the end of March.

"It is highly irregular that Ms. Canilao has taken it upon herself to speak with authority that the DoTC is set to award the project to GMR-Megawide before the end of the month, even prior to the PBAC’s (Prequalification Bids and Awards Committee) submission of its findings and recommendations to the MCIA Board," Mr. Osmeña said in a press release yesterday.

Asked for comment, however, Ms. Canilao denied ever disclosing that the DoTC would do so.

"I don’t know where he [Mr. Osmeña] got the information that I said that. I did not [announce anything]," Ms. Canilao told BusinessWorld in a text message yesterday.

Mr. Osmeña, in turn, cited the said news report.

For his part, DoTC Spokesman Michael Arthur C. Sagcal told BusinessWorld in a separate text message that the department is still evaluating GMR-Megawide’s qualification requirements.

"We’re in the post-qualification stage, specifically financial evaluation." Mr. Sagcal said. -- Reuters with inputs from Marites S. Villamor in Cebu and M.L.V. Angeles in Manila


source:  Businessworld

Saturday, March 15, 2014

Megawide, partner confident of getting Cebu airport project


MANILA, Philippines - The tandem of Filipino-owned Megawide Construction Corp. and Bangalore-based GMR Airports is confident of bagging the P17.5 billion contract to expand the Mactan-Cebu International Airport.

In a statement, Louie Ferrer, chief marketing officer of Megawide, said the group is optimistic that it won the bidding conducted by the Department of Transportation and Communications (DOTC) last December for the expansion of the country’s second largest international gateway.

“We participate in PPP projects because we believe in President Aquino’s Daang Matuwid system. We are a young company, idealistic, and we want to build a good brand for Megawide,” Ferrer said.
He pointed out that the tandem of Megawide and GMR Airports would be guided by President Aquino’s vision of integrity and world standards in its infrastructure projects under the public-private partnership (PPP) program.

Ferrer issued the statement after DOTC Undersecretary Jose Perpetuo Lotilla confirmed that the agency’s bids and awards committee would finally issue a notice of award for the project before the end of the month.

The awarding of the project has been delayed due to the allegations made by the Filinvest Group on the conflict of interest committed by the Megawide-GMR Group in violation of the bidding rules.

Ferrer reiterated that the allegations of the Filinvest Group are baseless and far-fetched.
“All companies were pre-qualified based on strict guidelines set by the DOTC’s bid and awards committee. GMR-Megawide followed the process to the letter and passed all financial and operational criteria for the project,” he explained.

He added that the Megawide-GMR Group has already disclosed all relevant information to the DOTC pertaining to possible conflict of interest issues.

Contrary to allegations made during the Senate hearing on Tuesday, GMR Group maintains that it is in a financially healthy position and that the company makes operational and cash profits as it has done for the past six years.

Belying Filinvest’s claims, GMR stressed it is a BBB+ rated investment-grade company and they have never defaulted in any interest or debt payments throughout their history, and have raised more than $10 billion in debt for its various other projects.

“There is no ground for anyone to question GMR’s financial capability and we are confident that this is a non-issue with respect to the results of this bid,” Ferrer said.

The Megawide-GMR Group submitted the highest bid of P14.404 billion for the project last Dec. 12 followed by the Filinvest – CAI Consortium with P13.999 billion, and Premier Airport Group of SM Group of retail magnate Henry Sy with P12.5 billion.

Wednesday, March 5, 2014

Govt eyes probe of ‘Salim empire’

be enough evidence for such investigation to push ahead. “If our Constitution or any law was violated, of course it is the government’s duty to investigate and hold the culprits liable. That’s why if there’s information about that, it should be brought to the attention of the government,” Coloma said.
The Palace official was reacting to a series of articles written by The Manila Times columnist, former Ambassador Rigoberto Tiglao, detailing how Salim built his business empire in the Philippines, using the influence of businessman Manuel Pangilinan.
“Pangilinan owns only 0.09 percent of Salim’s flagship firm Metro Pacific Investments, and 1.4 percent in the parent company, First Pacific. The Indonesian tycoon’s holding companies own in those firms 56 percent and 45 percent, respectively, with the rest of the shares dispersed to thousands of stock market investors,” Tiglao said in his column.
“For his huge role in building up Salim’s empire, Pangilinan has no share at all in any of the three offshore firms, which at the end of the corporate layering ultimately own the empire,” he added.
The Times column further revealed that “according to Hong Kong-based First Pacific Co. Ltd. in its 2012 annual report, Salim’s holding and ‘command’ firm, profits from its Philippine operations now exceed those in the magnate’s home country, Indonesia, by about $200 million.”
Salim’s firms in the Philippines include the Manila Electric Co., the Philippine Long Distance Telephone Co., telecommunication companies Smart and Sun, and several other utilities and media outfits.
Coloma, meanwhile, said the issues should be made clear first by anyone who would formally accuse the businessmen of breaking the law and the Constitution itself.
“We should know the issue. It is the job of government to implement the law if particular complaints are raised by any group,” he stressed.
It was further alleged that Salim’s lieutenants are the ones pushing for the economic Charter change being espoused by no less than House Speaker Feliciano Belmonte Jr.
Pangilinan is known to have an interest in Belmonte’s Star Group of Companies that publishes, among others, The Philippine Star.

source: Manila Times

The newest media mogul to take control of Star

Fourth of a series on the Salim Empire in the Philippines.
And what—or who—is that emerging Philippine media giant?

It’s Philippine Long Distance Telephone Co., controlled by Indonesian tycoon Anthoni Salim, through its subsidiaries MediaQuest, Inc. and Hastings Holdings.

Hastings Holdings Inc., a wholly owned PLDT subsidiary,  is poised to take control this month one of the three largest broadsheets in the country, The Philippine Star.

As in the case of  its TV-5 television network, it could be a booster rocket for Philippine Star if PLDT  throws its advertising funds to the newspaper.

PLDT is a firm that is 64 percent controlled by foreigners, the Supreme Court itself had ruled in 2012. The biggest bloc of shares there, 27 percent, is held by Salim’s corporate vehicles under his First Pacific Co. holding company based in Hong Kong.

Manuel V. Pangilinan, who is the managing director and CEO of Salim’s Hong Kong-based holding firm First Pacific Co., is chairman of PLDT. He has   token shares of of only 0.1 percent of the company. Its president is Napoleon Nazareno, the only other director, though a non-executive one, in First Pacific’s board.

final final chart for col 212
Philippine Star president Miguel Belmonte confirmed to this writer that Hastings Holdings is set to buy “an additional 31 percent of Philippine Star’s shares from the Belmonte family “to bring its stake to 51 percent.”

“The Belmonte family [headed by Speaker Feliciano Belmonte] will remain as minority shareholder with 20 percent,” he said. The next biggest shareholder is the estate of the late publisher and distinguished columnist, and nationalist, Max Soliven.

What the PLDT firm will be controlling is actually the newspaper’s corporate vehicle PhilSTAR Daily, which owns a printing press and three tabloids (Pilipino Star Ngayon, PM: Pangmasa, and Banat News). It also owns the venerable broadsheet Freeman, the first and oldest newspaper in Cebu established in 1919. (Freeman is actually the country’s third oldest newspaper, with Manila Times the oldest, followed by The Manila Bulletin.)

Belmonte explained that the sale to the PLDT firm has been agreed on, and all the documents are being finalized. “But the sale is not a sale, until we’re actually paid,” he said.

How much? “Much more than P2 billion,” Mr. Belmonte said. My sources claimed that the ballpark figure for the purchase is P5 billion.

The purchase will give Salim, through PLDT, full control of two national newspapers, the Philippine Star and business newspaper BusinessWorld. Also through Hastings Holdings, Salim has a minority—18 percent–stake in Star’s rival The Philippine Daily Inquirer..

Political force
Salim and his top executive Pangilinan, sources say, are on a tack this year of strengthening and expanding the conglomerate’s media outfits, in order to be a major force in the 2016 presidential elections. Last year, MediaQuest amassed a war chest of P8 billion for this, and made a move, unsuccessful, to take control of GMA-7, the second biggest television network.

Salim’s executives have recently moved to take full control of BusinessWorld, appointing their editor in TV5, Roby Alampay, whose career has been mainly in an NGO in Thailand, as the business paper’s editor-in-chief.

Another PDLT firm, MediaQuest, owns two major broadcast media companies. One is the Nation Broadcasting Corp. bought way back in 1998. It has six FM stations in the country’s six major cities and a commercial UHF television station (NBC-41), called AksyonBalita.

The second broadcast media outfit, is ABC Development Corp., which operates television network TV-5, the radio station Radyo5 92.3 News FM, satellite television channels Colours, Hyper and Weather Information Network, and media portals Kristn.com, Balut Radio and News5 Everywhere.
It also owns the news website interaksyon.com, which converts the broadcast entity’s content including its news videos to be accessed in cyberspace. The firm also owns Cignal TV, the “direct-to-home” satellite television service provider.

The Salim-PLDT media complex could become the most powerful one in the country, since it can combine the strengths of television, print (both broadsheet and tabloid), radio, the Internet, mobile telephony (which PLDT through Smart and Sun dominates)—and of course the financial resources of PLDT as well other major firms under the Salim empire.

Media survives not by subscribers, but by advertisements. And what companies are among the biggest advertisers in the country?
PLDT’s mobile phone firms Smart and Sun, which have a combined advertising budget of P5 billion annually.  Meralco has P2 billion, which is included in the expenses of the firm on which it bases its electricity charges.

Already, TV-5’s lifeline—which explains its endurance despite its losses allegedly of P5 billion since MediaQuest bought it in 2010—has been getting about P900 million annually of PLDT’s advertising funds of since 2010. PLDT disclosed this in its March 26, 2013 “SEC Form 17-A”:

“In 2010, PLDT and Smart entered into advertising placement agreements with TV5 a subsidiary of MediaQuest Holdings Inc. for the airing and telecast of advertisements and commercials of PLDT and Smart on TV5’s television network for a period of five years. Total prepayment under the advertising placement agreements amounted to Php893 million each as at December 31, 2012 and 2011.”

Synergized media
In his column last year when news of PLDT’s plans to take control of Star broke out, Jose Manuel “Babe” Romualdez, a Star columnist and personal friend of Mr. Pangilinan, wrote:

“The MVP group foresees synergized media operations, wherein the reporting pool of BusinessWorld, PhilStar and TV5 [the PLDT Group’s broadcasting network] will be serving as content providers while Cignal Digital TV will serve as the interactive media platform. Cignal just recently marked a milestone, reaching the 500,000 subscriber mark in just four years of its operation.”

What Mr. Romuladez missed is the immense reach the news content of Salim-PLDT’s news outfits could have through the companies’ mobile phones. Already, TV 5 is claiming in its ads: “Get fresh news daily straight on your mobile. Just text “News on” to 5353.” Smart and Sun operates that service, and they’ll get P1 for each news item it sends.

I doubt though that Salim and Pangilinan are really that interested in the income from such mobile phone based news delivery.

What if on the eve of elections in 2016, news article—even if a fabricated one—in Star or BusinessWorld comes out that Presidential Candidate B has fallen sick? And then this is sent to the 5.5 million subscribers of Smart and Sun?

Why has Salim gone into a crowded industry, whose profits would never be really stellar because of the Philippines’ small market, where the country’s richest tycoons like Henry Sy, John Gokongwei, and Jaime Augusto Ayala don’t dare go into?

Think about it. Now, do you still wonder why most Filipinos, even the elite have never heard of the Indonesian magnate Salim, even if the companies he owns are the ultimate beneficial owners of the biggest public utility firms? (See my article March 3)

Or is it that media, as one publisher said, are a “gun in the holster.” “A politician or a company would hesitate to shoot you, if you have a gun the holster,” he said.

But hold on, how can Salim get into media? Doesn’t the Constitution’s Article 16, Section11, totally ban any foreign participation in media?

If you think that it is so outrageous that a foreigner can control strategic industries in the country, you will be shocked how clever Salim has been—with the help of that renowned Filipino ingenuity in finding loopholes in any restriction—in going around that constitutional ban. That topic on Friday.
What kind of country have we become?

Our constitution is brazenly disregarded by a foreigner by exploiting regulatory loopholes, with the help of the best and brightest Filipinos.  An Indonesian magnate is in an industry reserved to Filipinos.
The late Star publisher Max Soliven, one of my idols in our industry, would have undoubtedly remarked, “Sanamagan!”

tiglao.manilatimes@gmail.com
www.trigger.ph or www.rigobertotiglao.com

Monday, March 3, 2014

How Salim group skirted foreign ownership limits

The Indonesian Anthoni Salim’s empire has grown since 1998 to be the country’s largest conglomerate—controversially based on public utility firms where foreign investors are purportedly restricted by the Constitution.
Chances are, you won’t spend a day without a Salim firm getting a cut of your expenses.
When you turn on light, chances are, you’ll be making money for a Salim firm, the ultimate parent company now of Meralco (see my column February 24). When you use your cell phone, you’ll likely be paying Salim-controlled mobile phone companies—Smart and Sun, which together has 2/3 of the market. If you live in the western part of greater Manila, in any of its 17 cities and towns, the water you pay for is from his Maynilad Water Services, the country’s biggest water concession.
When you travel on the expressways, part of the toll you’ll pay goes to Salim, through his Manila North Tollways and Cavitex, which together make up the country’s largest tollway operator that runs 64 percent of the country’s toll roads.
If you get sick (and if you can afford it, that is), you’d be probably treated in one of his six hospitals, which include the most venerable ones such as Cardinal Santos and the Makati Medical Center, and the newest, Asian Hospital in Alabang.
And if you’re reading either two of the country’s biggest newspapers, Philippine Star and Philippine Daily Inquirer or even the has-been business paper BusinessWorld, or if you’re watching TV-5, Salim’s executives control those too.
In fact, according to Hong Kong-based First Pacific Co. Ltd. in its 2012 annual report, Salim’s holding and “command” firm, its profits from its Philippine operations now exceed those in the magnate’s home country, Indonesia, by about $200 million.
What a country we have become.
final salim empire chart 1
Ownership structure of Salim’s conglomerate in the Philippines.
Source: Company Reports, Submissions to US and Philippine SEC.
(Click to enlarge.)

Why ‘Salim,’ not ‘MVP’
As I explained in my column last Monday, the common media reference to Salim’s empire in the Philippines as the “MVP group”—after his top executive Manuel V. Pangilinan—is the result of one of the most successful PR campaigns in the Philippines. It is an utter misnomer.
First Pacific’s revenues, by country, 2011 and 2012.
First Pacific’s revenues, by country, 2011 and 2012.
Pangilinan owns only 0.09 percent of Salim’s flagship firm Metro Pacific Investments, and 1.4 percent in the parent company, First Pacific. The Indonesian tycoon’s holding companies own in those firms 56 percent and 45 percent, respectively with the rest of the shares dispersed to thousands of stock market investors.
For his huge role in building up Salim’s empire, Pangilinan has no share at all in any of the three offshore firms, which at the end of the corporate layering ultimately own the empire.
Instead, Salim’s partners in one of these offshore firms, the Liberia-based firm First Pacific Investments Ltd., are Sutanto Djuhar (with his son Tedy) and the late Ibrahim Risjad—both his father Sudono’s (Liem Sioe Liong) original collaborators in founding the conglomerate in Indonesia in the 1960s.
I doubt though if Pangilinan is complaining. First Pacific’s reports indicate that he could be the highest paid Filipino executive ever, making P25 million a month — nearly P1 million for his day’s work.  This does not include his salaries and directors’ fees in at least 40 of Salim’s firms in the Philippines, especially in the blue-chip firms Philippine Long Distance Telephone Co. (PLDT) and Meralco. (The other Filipino director in First Pacific is Napoleon Nazareno, who gets P14 million monthly from First Pacific.)
The empire, according to First Pacific’s 2012 annual report. (Click to enlarge,)
The empire, according to First Pacific’s 2012 annual report.
(Click to enlarge.)

Foreign Affairs Secretary del a key figure in the Salim conglomerate's expansion into the Philippines
Foreign Affairs Secretary del Rosario: a key figure in the Salim conglomerate’s expansion into the Philippines
Foreign Affairs Secretary Albert del Rosario was reportedly a key figure in Salim’s entry and expansion in the Philippines, and for that he was non-executive director from 2003 until he resigned in March 2011 when he became an Aquino Cabinet member. Del Rosario received about P10 million yearly in director’s fees from First Pacific, even
when he was ambassador to the US until 2006.
Salim and his executives must be laughing over the raging debate here that the Philippines’ continues to be poor because our Constitution restricts foreign investments so much.
Smarter than others
The reality: Some foreign businessmen—such as Salim—are just smarter than others.
Salim’s empire here is even using huge amounts of local funds—through such instruments as PLDT’s P15 billion bond offering—and bringing out of the country millions of dollars in capital as its profit remittances.
How can an Indonesian control industries, which the Philippine Constitution’s Article 12, Section 11 reserves only to companies at least 60 percent owned by Filipinos?
No problem, Salim and Pangilinan must have thought more than a decade ago. “These folks are living in the 1960s, with no idea how the modern corporate world work,” Salim’s two Western executive directors, reputedly his strategists, Edward Tortorici and Robert Nicholson, must have told each other.
Even in 1987 when the Constitution was formulated, its provisions to reserve the operation to public utilities to Filipinos were so antiquated, and so vulnerable to an audacious foreign tycoon.
First, in modern corporations, especially those listed in the stock market, 60 percent or even 40 percent is not necessary to achieve corporate control.
Metro Resources and Philippine Telecommunication Investment Co. (which Metro Pacific Investments wholly owns) has 27 percent of PLDT’s shares. The next biggest corporate owners are two Japanese NTT entities, with 17 percent. The rest are shares held by over 12,000 stockholders, mostly bought and traded in the stock market.
With that 27 percent share, Salim has full control of PLDT. This was in fact demonstrated when he used the firm’s 100 percent subsidiary Piltel and even its Beneficial Trust Fund to take control of Meralco in 2009. It is also money from that Beneficial Trust Fund that was used to set up TV-5 and buy into newspapers.
Another example: First Pacific companies—Asia Link B.V., Maxella Ltd., and Kirtman Ltd., and Artino Ltd.—altogether have 31 percent in Philex Mining to make up the biggest bloc of shares. (The second biggest shareholder is the Social Security System with 20 percent holdings.)
With that 31 percent, Salim’s First Pacific has uncontested control of the company and its finances. So much so, that a source alleged that even the 12-page ads in Philippine Star greeting Pangilinan on his birthday in July were charged to Philex’s advertising expenses.
(I had begun asking asking two months ago people close to Pangilinan or who worked in his firms to interview him, to get his side for this series, to no avail.)
SEC’s sympathetic rulings
A second reason why an Indonesian conglomerate could go into public utilities is the fact that decisions issued by the Securities and Exchange Commission in effect have negated the spirit of the constitutional provisions restricting foreign ownership in certain strategic industries—a clear case of regulatory capture by the elites.
It wasn’t the Hong Kong-based First Pacific Co. that invested directly into Meralco, PLDT and other public utilities. It was Metro Pacific Investments Corp. (MPIC), which is incorporated in the Philippines, with First Pacific subsidiaries owning 59 percent, (reduced since to 56 percent) with the rest of the shares held by hundreds of investors who bought them in the stock market.
By setting MPIC up as a Philippine-registered corporation, rather than having his holding company First Pacific in Hong Kong directly invest here in our country, Salim can pretend that his flagship firm is a Filipino entity.
Common sense says that MPIC is majority controlled by foreigners, Indonesian magnate Salim’s firms, since it has the majority or 56 percent of the shares. The next biggest shareholders have 2 percent and fewer shares, and are even mostly foreign fund managers.
No, the SEC rulings would say. Amazingly, SEC jurisprudence says that the “primary test” whether a firm is Filipino is if it is incorporated in the Philippines. MPIC was incorporated in the Philippines, therefore it is Filipino. MPIC therefore can control more than 60 percent of utility firms since the SEC defines it as a Philippine national.
The SEC has ruled that a case has to be filed at the SEC, which has jurisdiction in such matters, to question whether a corporation is Filipino or not.
No such case has been filed at the SEC questioning MPIC’s nationality.
No case has been filed at the SEC whether Meralco, Maynilad Water Resources, and the two Salim rollway corporations are violating the Constitution by having foreign ownership larger than the 40 percent limit set by the Constitution.
(A case though was filed several years back alleging that PLDT had breached the 40 percent ceiling on foreign investments. The Supreme Court had ruled in 2011 and 2012 last year that PLDT foreign ownership amounted to 64 percent and therefore violated the Constitution. However, the SEC has defied the Court’ ruling. More on that in coming installments of this series.)
And if a case is brought to the SEC, it will apply—as it has done in several cases—the so-called “Grandfather Rule.”
In the case of Maynilad Water Services, this rule would be applied in the following manner.
MPIC, 59 percent owned by Salim’s subsidiaries, took the construction firm DMCI as a partner with the Indonesian firm holding 55 percent of the joint venture. It is that joint venture that owns 92 percent of Maynilad Water Services.
The Grandfather Rule applied by an SEC sympathetic MPIC would mean that foreign ownership totals (59 percent) x (55 percent) x (92 percent) or just 30 percent, below the 40 percent constitutional ceiling.
Modus operandi
It is the modus operandi for nearly all of Salim’s investments in our country. It is perhaps legal but certainly it violates the spirit of the Constitution’s provisions.
No wonder Foreign Secretary Alberto del Rosario and Speaker Feliciano Belmonte (whose family owns Philippine Star which Salim’s empire is poised to buy control of soon) are vocal in supporting a constitutional amendment to lift restrictions on foreign investments.
The Salim empire’s hold on public utilities could be declared unconstitutional, or illegal by the SEC in the case of PLDT, which it admitted as one of the risks for its recent P15-billion bond offering,
The only way to preserve Salim’s billion-dollar conglomerate here is for the Constitution to be amended to lift foreign investment restrictions, and thereby legalize its control of public utilities here.
It’s been a long way since the 1980s when Salim’s firms in the country were in humdrum sectors such as bottling mineral water, paper manufacturing, and inter-island shipping. A long way since Metro Pacific was on the edge of defaulting on its huge loans and nearly went bankrupt that it had to give up its prize catch  Fort Bonifacio in 2003,   for which  it had bid way too high in 1995.
Ironically, Salim’s conglomerate here has largely failed in the market. But it has been a phenomenal success in the supposedly highly regulated public utility sector.
For our nation this is a painful irony.
A World Bank study (“Investing Across Borders”) of 87 countries has concluded: “More than a quarter of 87 countries have few or no sector-specific restrictions on foreign ownership of companies.”
However, it noted: “Worldwide restrictions on foreign ownership are strictest in media, transportation, electricity and telecommunications.”
But those sectors are precisely where we have allowed the Indonesian Salim conglomerate to exercise control.
On Wednesday: Salim in media: Isn’t that unconstitutional? Hm…
Details of Metro Pacific's conglomerate map. Source: Metro Pacific report to the SEC
Details of Metro Pacific’s conglomerate map. (Click to enlarge.)
Source: Metro Pacific report to the SEC.
metrro pacific map2
Other minor Metro Pacific Firms. (Click to enlarge.)
tiglao.manilatimes.net
www.trigger.ph and www. rigobertotiglao.com

Sunday, March 2, 2014

ADB Manila HQ now RE-powered

MANILA, Philippines - The main headquarters of the Asian Development Bank (ADB) in Manila is now 100-percent powered by renewable energy (RE).

The ADB has entered into a geothermal power supply agreement with AdventEnergy Inc., a licensed retail electricity supplier of Aboitiz Power.

The headquarters is now powered by 100 percent powered by renewable energy generated by geothermal plants in Tiwi in Albay province and Makiling-Banahaw in Laguna province, in addition to existing on-site solar power generation.

ADB vice president Bruce Davis said that as an institution, it is committed to expanding the use of renewable energy across Asia and the Pacific starting with its own headquarters.

“This agreement (with AdventEnergy) will allow us to cut our annual corporate carbon footprint by nearly 50 percent, with an emission reduction of more than 9,500 tons of CO2 (carbon dioxide) equivalent,” he said.

The supply contract with AdventEnergy will see ADB purchase an average of 1.5 million kilowatt hours (kWh) of electricity a month.

This will be supplemented by about 50,000 kWh generated monthly from ADB’s rooftop solar panels.
“These two sources will meet the entire energy requirements of the headquarters building, where more than 2,600 staff and consultants work each day,” Davis said.

It also means ADB will no longer purchase electricity directly from the Manila Electric Co. (Meralco), although it will continue to use the company’s distribution network.

The move follows ADB’s decision to take advantage of electricity reforms in the Philippines, which allow large users to choose their power supplier.

The contract with AdventEnergy followed a competitive bidding process. It was picked as it was the only one to offer a large portion of its electricity generated from renewable sources.

The ceremony to mark today’s switchover to full renewable power is the centerpiece of ADB’s second “No Impact Week,” during which staff are encouraged to make work and personal lifestyle changes to reduce their carbon footprint and impact on the environment.

Clean energy has become one of ADB’s highest priorities, with over one fourth, or 27 percent, of the total approved loans in 2008 supporting projects with clean energy components.

ADB’s Clean Energy Program is multi-pronged. It seeks to increase regional energy efficiency in energy, transport and urban sectors; to adopt renewable energy sources; and to improve access to energy for the poor and remote regions - avoiding the use of traditional biomass.

The clean energy program seeks to meet energy security needs, facilitate a transition to a low-carbon economy, universal access to energy, and achieve ADB’s vision of a region free of poverty.

With high levels of confidence for clean energy investments, ADB’s Energy Policy targets the annual lending for related programs to $2 billion by 2013.

source:  Philippine Star