“A Time of Misfortune”

Joe Pallugna

The month of April brought ot only bad news but the worst news, a story of woe. The sad news is that Hanjin, the company that was supposed to build a 400 hectare shipyard at Villanueva, Misamis Oriental has withdrawn from the project. Last Saturday, all the Koreans left and brought with them all their equipment and loaded on barges and bid their mega project in our province goodbye. And so the 40,000 jobs for welders and carpenters and masons and drivers and crane operators and engineers are gone.

The reasons for the withdrawal are reportedly complicated and insurmountable. One is that Hanjin allegedly failed to obtain a Environmental Compliance Certificate (ECC). The problem arose when the Philippine company which worked for the documentation of the Hanjin project failed to forewarn Hanjin of the basic requirement for an ECC, of a social impact study, and of the need to relocate present occupants to acceptable sites for human resettlement.

Another problem arose out of the issue of the supply of electricity from Napocor and Steag coal-fired power plant. Hanjin wanted to pay only for electricity it actually consumes but Napocor reportedly wanted to peg a minimum consumption rate. The issue involves millions of pesos a year in terms of actual electricity payments. With this thorn in the project, Hanjin decided to withdraw.

A third issue that pushed Hanjin off the cliff was the issue of landownership. Phividec is only allowed to lease lands to companies which are called locators within the industrial estate. Phividec is not allowed to sell lands to any locator companies. Thus, Hanjin will be forced to rent forever the lands over which they will be investing billions of dollars in equipment, infrastructure and machinery. On the contrary, the Subic Industrial Estate and the Bataan Export Processing Zone are reportedly allowed to sell lands to Hanjin. That is the reason why Hanjin decided to pull out and just expand their Subic and Bataan existing shipyards.

The other reason for the Hanjin pullout is the reported demand of the Senate to summon the President and the chairman of the board of Hanjin to appear before the said body and justify Hanjin’s failure to obtain ECC before commencing their projects. A couple of senators were said to have insisted on the summons which insulted the culture and the reputation of Hanjin executives.

And the sore loser in this Hanjin debacle are the people of Mindanao who lost the projected 40,000 jobs and skills training and the side economic benefit that would have resulted from the Hanjin project. It is a very said story of how politics among the Senators and the myopic insistence of the government regulatory agencies like DENR and EMB to have only gotten into the required ECC after the Hanjin project has started to be implemented, instead of having assisted Hanin to comply with the ECC requirements, that has resulted in the Hanjin loss.

The efforts of the local governments of the municipalities of Villanueva, Tagoloan, Jasaan and the entire province of Misamis Oriental headed by Governor Oca Moreno and the congressmen of the province and Mayor Tinnex Jaraula and Vice Mayor Dongkoy Emano to convince President Gloria Arroyo to salvage the Hanjin project would hopefully bring fruit and positive results. But after what Hanjin had gone through and the sad experience of having been harassed, is a sad lesson that both Hanjin and the Filipino people should learn from.

The loss of 40,000 projected jobs that hanjin woul have provided is not a small matter. And the disappointment that Hanjin also experienced from the Philippine setting is neither a minor one. However, the biggest loser in all these hanjin debacle is the Philippine society, in general, and the Misamisnons and Kagayanons and Mindanaoans in particular.

There is only one remedy to avoid this unfortunate situation and that is, for the President of the Republic to exercise her moral ascendancy, executive fiat, political influence and chjarismatic powers to bring back Hanjin into Mindanao and prevent an economic walkout that could have caused more severe and dismal effects on our economy in the decades to come.

The Hanjin withdrawal is a nightmare. I hope it will remain to be a sad dream of which, when I wake up in the morning, will go away like the morning mist. For it becomes reality, the nightmare will become an economic monster of proportions never ever imagined. And I also hoped that the hanjin debacle will be the last and people will learn that there is always a price to pay for all the stupidity that we commit upon ourselves.
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My comment: I think its too presumptuous that the biggest loser of this debacle are the Misamisnons and Kagayanons. I think the biggest loser in this all are the politicians like Governor Moreno, CDO Mayor Tinnex Jaraula and VM Emano but more particularly on Governor Moreno. He was boasting, gloating in fact of the projected employment potential of Hanjin Shipyard which is a whooping 40,000 jobs. Now, Moreno is like a “basing sisiw.” He looked like a clown. He no longer have the face to show to the people of Misamis Oriental after the botched project. For sure, his opponents are rejoicing, laughing and ridiculing him in silence. Expectedly, his political opponents will pounce this issue against him in the coming elections and I doubt if Moreno can weather it.

Also big losers are the contractors of supplies and manpower agencies which hoped to cash on this multibillion project. “Kwarta na, naging bato pa.”

Joe Pallugna’s column is a little bit emotional that he missed some legal points. Emotions may have gotten the better of him since he intimated on the right of Hanjin to own lands. Pallugna is a lawyer. He is supposed to know the law on the matter. The Constitution provides it. No foreign company can own land only lease it. So what is the fuss about owning lands located in Phividec? Pallugna’s comparison to Subic is inconclusive since he himself wrote that Subic selling property to Hanjin are merely “reported.” I will make an article on this hopefully in the coming days when the emotions of people will settle down.