Author Archives: Arnold Padilla

2015budget

Presidential pork, election budget and Aquino cronies

Sunday, 14 September 2014 | Written by
2015budget

2015budgetMassive presidential lump sums and discretionary funds in the 2015 National Expenditure Program (NEP), along with a redefined savings, expose the proposed P2.6-trillion budget to abuse by the Aquino administration. It is vulnerable, in particular, to patronage and electioneering by the ruling Liberal Party (LP). The LP is desperate to bolster the low popularity of its president-on-leave and perceived 2016 presidential bet – Department of Interior and Local Government (DILG) Secretary Mar Roxas. Local government units (LGUs), including the barangays, play a key role in ensuring the electoral victory of a presidential candidate. With enormous pork barrel-like funds at Aquino’s disposal, the LP and Roxas have the resources to buy the political loyalty of governors, mayors and barangay captains for the 2016 presidential race. Vice President Jojo Binay may be the most popular choice right now as the next Chief Executive according to various polls, but Roxas boasts of a bottomless election war chest.

Thus, we see in the 2015 NEP mammoth increases in the administration’s planned spending for LGUs, many of which will be directly handled by Roxas as DILG head. A glaring example is the huge 80% increase in lump sum allocations for LGUs – from the current P17.3 billion to P31.1 billion next year. The amount includes P27.9 billion in LGUs’ Special Shares in Proceeds of National Taxes and P3 billion in Local Government Support Fund (LGSF), including P2.8 billion under the controversial Grassroots Participatory Budgeting (GPB) scheme and P200 million for “financial assistance to support various priority programs and projects”. The balance is comprised of a “death benefit fund” for barangay officials worth P50 million and shares in proceeds of fire code fees pegged at P200 million. The P31.1-billion LGU allocation is part of the P48.1 billion that Department of Budget and Management (DBM) Sec. Butch Abad has admitted as lump sum in the 2015 NEP. The remaining P17 billion is composed of P14 billion in disaster fund, P1 billion in rehabilitation fund, and P2 billion as presidential “contingent” fund. These amounts pertain to DBM-admitted lump sums; to be sure, much larger discretionary lump sums are tucked in various items of the NEP.

But another feature of the NEP seldom discussed is how the proposed spending plan, including presidential lump sums, will be used to support rich families and business groups with close ties to the Aquino administration. Through budgetary support for the Public-Private Partnership (PPP) program, these elite families and groups, and their foreign partners and patrons, will continue to receive presidential favors under the pretext of infrastructure development. Indeed, the proposed 2015 budget will be used not only to promote the political interests of LP’s presidential wannabe; it will also be used to promote the economic interests of presidential cronies.

Some P57.2 billion in public funds have been allocated in the 2015 NEP to guarantee the profits of investors participating in Aquino’s PPP program, pay for an onerous PPP contract, and facilitate the implementation of more PPP projects. The amount includes: (a) P30 billion for the Risk Management Program (RMP); (b) P10.9 billion for the Department of Public Works and Highways’ (DPWH) PPP for Infrastructure Projects; (c) P7.4 billion to support the LRT 1 and LRT 2 extension projects of the Light Rail Transit Authority (LRTA); (d) P4.7 billion to pay for government obligations under its Build-Lease-Transfer (BLT) deal with the Metro Rail Transit Corp. (MRTC); (e) P2.7 billion for the Department of Transportation and Communications’ (DOTC) PPP for Transport Projects; and (f) P1.6 billion for the Department of Education’s (DepEd) PPP for School Building Projects.

The P30-billion RMP, according to the NEP, is meant to “manage the National Government’s fiscal risks and enhance the country’s credibility among potential PPP proponents”. Executive agencies and departments as well as government-owned and -controlled corporations (GOCCs) can avail of the RMP fund to “cover commitments made by, and obligations of, the National Government, in the concession agreements relative to PPP projects”. The amount shall also be tapped to pay for all the obligations of a GOCC in concession agreement covered by a performance undertaking or any similar instrument issued by the National Government. A performance undertaking usually involves government assuming debt or other financial obligations related to a PPP project. One of the projects covered by the Aquino administration’s performance undertaking is the P62.7-billion MRT 7 of presidential uncle Danding Cojuangco and his right hand man Ramon S. Ang.

Aside from performance undertaking, RMP will also cover “contingent liabilities arising from regulatory risks assumed by the National Government”. One project that enjoys Aquino’s regulatory risk guarantee is the P64.9-billion LRT 1 extension and privatization of the Ayala family, a longtime ally of the Aquinos, and the group of presidential supporter Manny V. Pangilinan (MVP) and his Indonesian patron, the Salim family. Under the concession agreement that will be signed with the Ayala-MVP group, if the notional LRT 1 fares stipulated in the contract are lower than actual or approved fares, government will pay the difference through a so-called Deficit Payment Scheme. Notional fares refer to the adjusted fares as scheduled in the concession agreement. Such situation may arise, when, for example, a regulatory body or local court intervened and prevented the collection of the notional fare. To fulfill its deficit payment obligation with the Ayala-MVP group, which is essentially a profit guarantee, government will disburse from the RMP fund paid for by the people’s taxes. The RMP is actually just one of the many favors that Aquino is giving the Ayala-MVP group in relation to the LRT 1 project. As part of the contract, the common station that will link the LRT 1, MRT 3 and the soon-to-be-built MRT 7 was taken away from Henry Sy’s SM North and moved to the Ayala’s Trinoma Mall. (The SM group questioned this before the Supreme Court and got a temporary restraining order or TRO. In response, the DOTC said they might just build two common stations to accommodate Henry Sy and the Ayalas.) The Ayala-MVP group is also exempted from paying real property taxes, which government agreed to shoulder and could reach P64 billion throughout the 32-year concession agreement. These are on top of the P5-billion startup subsidy and P34.9 billion in loans that government will borrow for the project.

Meanwhile, the P10.9 billion allocated for DPWH’s PPP for Infrastructure Projects will be used to cover the costs of right of way (ROW) acquisition and relocation of affected communities. The projects identified in the NEP where this fund will be used include those controlled by the same groups with close presidential ties such as San Miguel’s P15.52-billion NAIA Expressway Project and P18.1-billion Tarlac-Pangasinan-La Union Toll Expressway Project, and the Ayalas’ P2.01-billion Daang Hari SLEX Link Road Project. Similarly, the DOTC’s P2.7-billion PPP Transportation Infrastructure Project fund will be used for ROW costs particularly for the P2.5-billion Integrated Transport System, which San Miguel, Ayala, MVP and Henry Sy, among others, are also eyeing. Meanwhile, DepEd’s P1.6-billion PPP for School Building Projects 2015 fund will be used for the amortization or lease payment of the total project costs of school buildings constructed by Henry Sy-affiliated Megawide Corp. and other firms.

P4.7 billion under the proposed 2015 PPP budget will go to the servicing of onerous contractual obligations with the MRTC, which is 48% controlled by the MVP group. The BLT contract, a PPP deal signed during the Ramos administration, tied the national government to paying Equity Rental Payments (ERP) to MRTC for its guaranteed 15% return on investment (ROI). Instead of rescinding, or at least renegotiating, the patently unfavorable contract with MRTC to build and operate the MRT 3, the Aquino administration continued to honor it because doing otherwise would undermine its PPP program. To supposedly correct the situation, Aquino has set aside P53.9 billion in the 2015 NEP’s unprogrammed appropriations to buy out the MRTC and scrap the BLT. But this approach means government will shell out more people’s money while legitimizing the illegitimate financial obligations with the MVP group.

Lastly, the P7.4 billion allocated for LRT 1 and LRT 2 extension projects will be used to support the privatization of both lines. The Ayala-MVP group will take over LRT 1, as already mentioned, soon. On the other hand, the LRT 2 operation and maintenance project, estimated to cost P14.3 billion, is scheduled for bidding within the year or in early 2015.

These planned expenditures show how public funds, raised mainly through taxes of ordinary wage earners and consumers, are being wasted and drained not only through corruption and political patronage but also through questionable economic policies that only benefit a favored few such as big business groups involved in PPP projects.

Deceptive PPP claims in SONA

Sunday, 3 August 2014 | Written by

Infrastructure development through public-private partnership (PPP) was among the highlights of President Aquino’s fifth State of the Nation Address (SONA). Thanks to good governance, we no longer need to offer perks for investors to build our infrastructure needs, said the President. Thanks to good governance, the days of state-guaranteed private profits to entice PPP bidders are gone.

If the private sector wants to build our airport or highways, they must be willing to pay a premium, Aquino pointed out. The winning bidder in the Mactan-Cebu International Airport Passenger Terminal Building paid government P14 billion. The private contractor in the NAIA Expressway Project Phase 2 shelled out P11 billion.

But contrary to the SONA claims of Aquino, government continues to provide incentives to PPP investors. Some of these perks are even more generous than those offered by previous administrations. In addition, Aquino’s supposed “good governance” has nothing to do with investors paying a premium to bag PPP contracts. Their bidding decisions are always determined by how profitable or strategic the projects are.

Let us take a look again, for instance, at the P64.9-billion LRT Line 1 Extension and Operation and Maintenance project. This PPP contract will be awarded soon to Metro Pacific Investments Corp. (MPIC) and Ayala Corp. It is a sweetheart deal. Aquino would not just guarantee the debts of MPIC-Ayala; government is directly borrowing P34.9 billion or 54% of the project cost for right of way acquisition, additional coaches, etc. Government also agreed to shoulder the payment of real property taxes estimated at P64 billion throughout the life of the contract. These are on top of the P5-billion startup subsidy that government will provide. All in all, the direct cost to the government is almost P104 billion and just P30 billion to MPIC-Ayala. It becomes even more outrageous when you factor in the guaranteed profits that MPIC and Ayala will reap through automatic and periodic fare increases throughout the 32-year contract (which can be extended to up to 50 years). When MPIC-Ayala could not collect the agreed fares, government will again shell out public funds to cover the difference. Aquino called this regulatory risk guarantee, a government guarantee never before seen in the more than three-decade history of PPP and privatization in the Philippines. All these make the P9.5-billion premium that MPIC-Ayala promised to pay to clinch the concession meaningless.

Similarly, the Henry Sy-affiliated Megawide and its Indian partner GMR are building and operating the P17.52-billion Mactan-Cebu airport expansion because of its huge profit potential. The P14 billion that the consortium paid is peanuts compared to the windfall that the airport would make, which the Aquino administration guaranteed. Among the sweeteners of this PPP project is a 25-year government ban on the construction of other airports and related businesses in the Mactan and Cebu islands. There will also be a 25-year moratorium on the construction of any competing car park facility or any competing hotel facilities within the project’s 500-meter radius. Megawide-GMR will operate the country’s second busiest airport for 25 years, enjoying absolute monopoly over air passenger terminal and related services guaranteed throughout the concession agreement.

Meanwhile, in the case of the P15.52-billion NAIA expressway project, San Miguel Corp. (SMC) is charging P35-45 in toll rates. With traffic expected at 150,000 to 160,000 cars a day, that’s P1.92 to 2.63 billion in annual revenues. Its concession agreement with government is 30 years. This means that SMC is guaranteed to recover the project cost and premium in as short as 10 years, and then enjoy 20 years of raking profits. The recovery period could even be shortened by toll hikes and increased traffic volume. Note also that for SMC, the NAIA expressway has a more strategic value. The project will provide access to the NAIA terminals, which will benefit SMC’s air transport interests. The giant conglomerate of presidential uncle Danding Cojuangco controls 49% of the Philippine Airlines (PAL). It will also build a seamless link between SLEX/Skyway and the Manila-Cavite Toll Expressway. SMC, with Indonesian partner Citra, already controls SLEX/Skyway and the NAIA project will further consolidate its position in road transport in the area.

Local oligarchs and representatives of foreign interests in the country like the Ayala family, Henry Sy, Danding Cojuangco and his right-hand man Ramon Ang, or Manny V. Pangilinan (MVP) of MPIC participate in PPP not merely because they want to solve our infrastructure needs. As Jaime Augusto Zobel de Ayala put it: finding a private sector solution to the social problems of the country… must be oriented around a profit-centered solution. He was talking about private sector participation in mass housing for informal settlers. So, you see, there is a reason why these people are among the wealthiest in the world. In the 2014 Forbes’ list of richest Filipinos, Henry Sy and family recorded a net worth of $12 billion while Jaime Zobel de Ayala and family posted $3.1 billion; Danding, $825 million; Ramon Ang, $260 million; and MVP, $105 million.

PPP will continue to be the centerpiece program of Aquino in the remaining two years of his term. In his penultimate SONA, Aquino enumerated the top infrastructure priorities of his administration, most of which are controversial because of their social costs and impact. The P150-billion Laguna Lakeshore Expressway Dike, the P18.72-billion Kaliwa Dam, and Clark Green City, for example, are all feared to cause the massive displacement of local communities and the destruction of environment.

The same elite families and groups that have been bagging Aquino’s PPP contracts are positioning themselves to corner these deals. Despite public opposition, Aquino is determined to implement them, which could only further aggravate social tension and delegitimize his presidency even more.

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SONA 2014: A shaken regime

Friday, 1 August 2014 | Written by
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All the previous issues that faced the Aquino presidency are like
relentless jabs pounding its body, and the pork barrel and DAP are like powerful blows straight to the head of the regime. 

Since his first State of the Nation Address (Sona) in 2010, President Aquino has seen the steady erosion of his legitimacy as the empty presidential slogans of“daang matuwid” and “kung walang corrupt, walang mahirap” fall apart. Today, in his fifth Sona, Aquino is facing the worst political crisis of his regime amid the raging pork barrel and Disbursement Acceleration Program (DAP) controversies.

From the onset, Aquino’s presidency has been questioned for the powerful interests it represents as symbolized by Hacienda Luisita. His trumpeting of public-private partnership (PPP) in his first Sona signaled the perpetuation of pro-business and long discredited neoliberal economic polices. Barely two months in office, his leadership, or lack of it, was widely criticized with the Luneta Hostage crisis. When prices spiraled, “Noynoying” captured the indifference of the regime to the plight of ordinary people. The rapid growth in gross domestic product (GDP) and massively increased cash transfers could not camouflage the deteriorating poverty and job scarcity, made even more pronounced by the scandalous rise in wealth of the oligarchs. (Read:Prices, profits and poverty; Poverty trends) His criminal neglect of Pablo and Yolanda victims brought extra momentum to the public discontent that has been gathering force.

Then, the pork barrel and DAP scam exploded, shaking the Aquino administration in a way it has never felt before. If this were boxing, all the previous issues that faced the Aquino presidency are like relentless jabs pounding its body; and the pork barrel and DAP are like powerful blows straight to the head of the regime. It is obviously shaken. Aquino’s appeal to “tie a yellow ribbon” to show support to his administration illustrates how insecure and uncertain the administration has become. If this appeal were Aquino’s “counterpunch”, it merely exposed him to more blows as the Palace was forced to downplay the yellow ribbon call after an overwhelming public rejection.

Aquino and his Liberal Party (LP) hoped that the pork barrel scam would weaken the opposition for 2016. But the controversy quickly developed in a manner that Malacañang’s political operators did not foresee. It is no longer just about Senators Juan Ponce Enrile, Jinggoy Estrada and Bong Revilla, and Janet Lim Napoles and her bogus non-government organizations (NGOs). It has become more about the rotten system of patronage politics and bureaucrat capitalism with Aquino and his clique currently at the helm. Palace’s efforts to cover up the accountability of the President, his Budget Secretary Butch Abad, and other LP stalwarts and their allies are generating public anger as intense as the indignation against Enrile and company. In the eyes of the public, they are all the same trapos (traditional politicians) who abused the powers entrusted to them for selfish and narrow private gains. They must be all held to account, the President included.

The satisfaction and approval ratings of the Aquino presidency are dipping to their all-time lows and there are no signs of recovery. In the coming months, the neoliberal offensive against the people is sure to intensify with ever-rising costs of basic goods and services and economic displacement. After the Sona, for instance, we are anticipating a huge increase in LRT 1 fares related to its impending takeover by the Manny V. Pangilinan (MVP)-Ayala group (Read: How MVP-Ayala will squeeze LRT 1 consumers dry)followed by a massive retrenchment of Light Rail Transit Authority (LRTA) employees. (Read: How Aquino betrayed public interest in LRT 1 privatization)The long-delayed upward adjustment in LRT 2 and MRT 3 fares may also be implemented along with the LRT 1 fare increase, if not in the weeks or months after. Also after Sona, the results of the ongoing arbitration between the Metropolitan Waterworks and Sewerage System (MWSS) and its private concessionaires Maynilad and Manila Water are expected to come out, with a big-time hike in water rates a possibility. (Read: Water arbitration: Issues and implications) Then there’s the threat of El Niño, which experts say would be felt starting in the second half of the year with devastating impacts on the agricultural sector (and consequently, further increases in food prices) and on the livelihood of millions of farmers in the countryside. (Read: Bracing for El Niño) All these would aggravate the precarious state of the regime.

Meanwhile, on top of these brewing economic issues, Aquino himself is creating favorable conditions for persistent, growing and broadening protests against his regime and the rotten system of governance in the country. His display of excessive self-confidence and arrogance in successive speeches to defend DAP against the Supreme Court decision and pervasive anti-DAP public sentiment has further fuelled the likelihood in the coming months of mass mobilizations similar, if not bigger than, last year’s Million People March.

As the primary contradiction between the Aquino regime and the people further sharpens, so is the contradiction among the various cliques of the political elite for control of state power and resources. The filing of cases in relation to the pork barrel scam against LP’s perceived strong rivals in 2016 is just the start of electoral bickering among the trapos.

Already, the LP has initiated efforts to remove Vice President Jejomar Binay from the Aquino Cabinet, hoping to weaken his public profile as well as access to state resources that can be used to support his expected presidential bid. Plunder cases have been recently filed at the Ombudsman against the Vice President and his son Makati Mayor Junjun Binay, while daughter Makati Rep. Nancy Binay is facing allegations of anomalous pork barrel transactions involving an NGO founded by the Vice President.

The bickering among the trapos will surely intensify and escalate into full-blown maneuverings as 2016 draws near, and even earlier especially now that the impeachment against Aquino has already been endorsed in the House of Representatives. Palace propaganda operators, for instance, are trying to discredit the impeachment by charging it as a pro-Binay campaign, simply because of presidential succession. However, the blatant and arrogant way that Aquino has been covering up his and his clique’s accountability in the pork barrel and DAP scam is too glaring for people to doubt the intentions of the impeachment.

Another political flashpoint is the dynamics between Malacañang and the Supreme Court, which could develop into a full-scale confrontation between supposedly co-equal branches of government. Aquino’s veiled threat of impeaching the Justices would put the raging controversy into a higher level of contradiction between and within government’s institutions. Already, LP leaders at the House led by its Speaker Sonny Belmonte and its justice committee chair Niel Tupaz Jr. have called for a probe on the alleged SC’s own pork barrel – the Judiciary Development Fund (JDF).

Furthermore, the handling by LP and its allies of the impeachment process in Congress against the President will determine how fast and how intense the political crisis will escalate. The Aquino administration firmly controls the lower house and, like the Arroyo regime, will surely use all its influence and resources – including massive presidential discretionary funds – to dictate the outcome of the impeachment. Aquino apologists in Congress like Rep. Walden Bello of Akbayan, one of the biggest beneficiaries of presidential patronage and largesse, are already dismissing the grounds for the presidential impeachment as “flimsy” even before the process of determining its substance could begin. But for the people, all these only highlight how rotten the prevailing political system is and how hopeless reforms are within a decaying system dominated by narrow and self-serving interests.

We must emphasize that the Supreme Court decided against the pork barrel and DAP not because they are made up of upright Justices who are willing to challenge the country’s most powerful man (the decision, in fact, gives Malacañang wiggle room to evade criminal liability), but because amid the snowballing public condemnation against the corrupt and capricious use of state resources, upholding the patently unconstitutional and illegal DAP would only further fuel social unrest. Thus, while LP and its allies may blatantly derail Aquino’s impeachment, they will do so at the risk of triggering more public outrage and aggravating political instability.

The regime is shaken. The situation may or may not eventually lead to a dramatic outcome like Aquino’s ouster or resignation but the way people are rising up, challenging the status quo and asserting their democratic rights certainly gives us optimism that ultimately, the people will triumph.

It is not only about the pork barrel and DAP. Look, for instance, at how Yolanda and Pablo victims are gradually recovering through community actions and initiatives to ensure their livelihood and social services that government could not provide; or how the farmers and farmworkers have persistently pushed for, and in some areas even actually implemented, genuine land reform despite landlord repression and state terrorism; or how many Filipinos continue to join or support the 45-year old civil war in the countryside in the belief that it is the only way to end oppression.

Indeed, there is hope as long as the people are ready to struggle for what is truly democratic and just.

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How MVP-Ayala will squeeze LRT 1 commuters dry

Tuesday, 15 July 2014 | Written by
MRT

LRTA fare hike after the presidential State of the Nation Address (Sona) and massive retrenchment of LRT 1 employees by early next year are among the immediate impacts of the Php64.9-billion LRT 1 extension and privatization project.

As the lone bidder in the largest public-private partnership (PPP) deal of the Aquino administration, the group led by Metro Pacific Investments Corp. (MPIC) of Manny Pangilinan (MVP)/Salim Group (Indonesia) and Ayala Corp. of the Ayala family, a long-time crony of the Aquinos, is now all set to take over the operation of the country’s first-ever metropolitan rail system from the Light Rail Transit Authority (LRTA).

MPIC (55%) and Ayala (35%), together with Australia-based investment giant Macquaire (10%) have formed the Light Rail Manila Consortium to extend the LRT 1 from its current endpoint in Baclaran to Niyog in Bacoor, Cavite.

I was able to obtain a copy of the final Concession Agreement and its Annexes/Schedules. You may download the Concession Agreement here. As for the Schedules, contact me through the comment section below to get a copy. The files are too big and it takes time to upload everything.

(You may now access all the documents here.)

Based on the Concession Agreement and Schedules, the concessionaires will implement an initial Notional Fare composed of P12.13 in boarding fare plus P1.10 per kilometer (distance fare component) starting on August 1, 2013. Notional fare refers to the fare that the concessionaire is entitled to under the Concession Agreement.

This means that a commuter travelling from Roosevelt to Baclaran will pay a new fare of more than P32 – representing the P12.13 in boarding fare plus a distance fare of P19.88 (P1.10 x 18.07 kilometers or the distance between the Roosevelt and Baclaran stations). That’s P12 more or 60% higher than the current fare. (See Table below)

Old fares vs. new fares under LRT 1 privatization (Figures in pesos unless stated otherwise)
From Roosevelt to:

Distance (km)

Distance fare (@ Php1.10 per km)

Distance fare + Php12.13 boarding fare

Current fare

Difference

Increase (%)

Balintawak 1.87 2.06 14.19 12.00 2.19 18.23
Monumento 4.12 4.53 16.66 12.00 4.66 38.85
5th Avenue 5.21 5.73 17.86 12.00 5.86 48.84
R. Papa 6.16 6.78 18.91 12.00 6.91 57.55
J.A. Santos 6.82 7.50 19.63 15.00 4.63 30.88
Blumentritt 7.75 8.53 20.66 15.00 5.66 37.70
Tayuman 8.42 9.26 21.39 15.00 6.39 42.61
Bambang 9.04 9.94 22.07 15.00 7.07 47.16
D. Jose 9.69 10.66 22.79 15.00 7.79 51.93
Carriedo 10.37 11.41 23.54 15.00 8.54 56.91
Central 11.10 12.21 24.34 15.00 9.34 62.27
U.N. 12.31 13.54 25.67 15.00 10.67 71.14
Pedro Gil 13.06 14.37 26.50 15.00 11.50 76.64
Quirino 13.86 15.25 27.38 15.00 12.38 82.51
Vito Cruz 14.68 16.15 28.28 15.00 13.28 88.52
Buendia 15.75 17.33 29.46 15.00 14.46 96.37
Libertad 16.48 18.13 30.26 15.00 15.26 101.72
Edsa 17.49 19.24 31.37 20.00 11.37 56.85
Baclaran 18.07 19.88 32.01 20.00 12.01 60.04
Sources: LRT 1 privatization Concession Agreement and LRTA

 

Also, it is higher than the original and long-delayed fare hike that the DOTC approved which was P11 in boarding fare plus P1 per additional kilometer. If transportation officials decide to implement this (the approved fare) instead of the initial notional fare, the concessionaire is still assured to collect what was committed to them under the Concession Agreement. In the Concession Agreement, if the Approved Fare (e.g. P11 + 1) is lower than the Notional Fare (e.g. P12.13 + 1.10), government will pay the concessionaire the difference through the so-called Deficit Payment scheme.

MRT

In other words, the concessionaire is protected from any regulatory intervention on fare setting, as government, using taxpayers’ money, is obligated under the Concession Agreement to fulfill the guaranteed profits of the concessionaire (generated through the notional fare) at any cost. This is a form of regulatory risk guarantee that Aquino said he would use to promote his PPP program.

But the fare hike through the initial Notional Fare is just the start of regular and automatic fare increases under LRT 1 privatization. Under the Concession Agreement, once the extension of the LRT 1 to Bacoor, Cavite has been completed, the Notional Fare will be automatically increased by 5% through the Step-up Fare Adjustment.

Further, on top of the Step-up Fare Adjustment, the concessionaire is also entitled to increase the Notional Fare starting on August 1, 2016 and every second anniversary thereafter (or the Notional Fare Setting Date) by an effective rate of 5% per annum or 10.25% per adjustment through the Periodic Adjustment of the Notional Fare scheme.

This means that by August 1, 2016, the Notional Fare would now be P13.37 in boarding fare plus P1.21 in distance fare. An LRT 1 ride from Roosevelt to Baclaran thus would already cost around P35 by that time. And this assumes that the 5% Step-up Fare Adjustment is not yet being implemented two years from now (the Cavite extension is estimated to take three years).

Note that the Periodic Adjustment of the Notional Fare will occur every two years throughout the 32-year lifespan of the Concession Agreement. It could even be longer as the Concession Agreement may be extended until 50 years.

But the commuters’ woes do not end there. Aside from the Periodic Adjustment of the Notional Fare every two years, there is also the Inflation Rebasing of the Notional Fare every four years to reflect movements in inflation. The first inflation rebasing will take place in August 2018 per the Concession Agreement.

Indeed, the Concession Agreement applies the neoliberal principle of full cost recovery in LRT 1 fare determination, thus assuring the MVP-Ayala group of substantial profits at the expense of consumers.

On top of the regular and automatic fare adjustments already mentioned, the concessionaire is also entitled to the Differential Generation Cost mechanism, which allows it to pass on to the commuters the cost of extreme fluctuations in the generation costs of electricity through a fare hike (although capped at 5% of the notional fare).

MRT3

Considering that LRT 1’s power supplier Manila Electric Co. (Meralco) is also controlled by the MVP group while the Ayalas are also in the power generation business, the Differential Generation Cost thus represent multiple oppression and burden for commuters and multiple profits for the MVP-Ayala tandem.

Finally, the Concession Agreement made it clear as well that in case a value-added tax (VAT) or sales tax is imposed on LRT 1 fares, the cost of such tax shall be fully passed on to the commuters, further bloating their burden.

LRT 1, even without a fare hike, is already generating more than enough revenues for LRTA and government. In 2013, LRT 1 operations generated a farebox ratio of 1.26, reportedly one of the highest in the international rail community. It means that revenues from commuter fares exceed the operating expenses of the system. It does not even include non-rail income (from advertising, lease, etc.). With increasing ridership and fares, LRT 1′s farebox ratio is expected to further rise, translating to more profits for the MVP-Ayala group.

If you still could not imagine how LRT 1 fares would cost several years from now under the operation and management of MVP, the Ayalas and their foreign partners, just look at the Metropolitan Waterworks and Sewerage System (MWSS). The MWSS Concession Agreement is very similar to the LRT 1 Concession Agreement with its provisions on rate rebasing, inflation-based adjustments, and other pass-on schemes. Since the MWSS privatization deal took effect in 1997, the average basic water rates have jumped by 585% (Maynilad) to 1,119% (Manila Water).

Another similarity? The MVP group (Maynilad) and the Ayalas (Manila Water) are also MWSS’s private concessionaires!

By clinching the LRT 1 privatization deal, the MVP-Ayala tandem is now starting to assert its monopoly control over Metro Manila’s light rail system. The duo has already bagged the P1.72-billion Automatic Fare Collection System (AFCS), another PPP project of the Aquino administration, which involves the operation and management of a centralized fare collection system using contactless-based smart card technology for LRT Lines 1 and 2, and MRT Line 3 (which the MVP group partly controls as well).

Meanwhile, the P1.4-billion LRT-MRT common station, which will connect the LRT Line 1 and MRT 3 (and the soon to be built MRT 7), will also be constructed by the MVP-Ayala tandem as part of the LRT 1 contract, and will be connected to the Ayala-owned Trinoma Mall – assuring it of an increasing stream of mall patrons.

In my next post, I will share the position paper prepared by a group calling itself the Alliance against LRT Privatization (AALP). Their paper comprehensively discussed other controversial issues related to the impending takeover of the MVP-Ayala group, including the massive displacement of LRT 1 employees.

To be concluded.

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