Copyright © 2009 by Chester B Cabalza. All Rights Reserved.
After some deliberations and careful study whether we pursue the forum on jueteng and illegal gambling in the Philippines, the author finally proposed to organize it, through the Crisis Management Institute (CMI) by conducting the regular Crisis Management Forum (CMF), entitled, Jueteng and its Impact on National Security last November 11, 2009.
The objective of the forum aims to gather inputs from various agencies and stakeholders to examine and look at the positive and negative effects of jueteng to later on write a comprehensive study on the said topic and to recommend policies about jueteng’s impact on national security.
Lectures, speeches, statistics, and power point presentations complemented the discussions in the said forum.
The presentation of Dr. Castro examined the historical roots of gambling and looked at the cultural context of gambling in the Philippines. He accounted that since 17th century, historian William Scott, documented already the presence of illegal gambling in the country such as cockfighting and betting, two of the popular gamble games, back that period. This was supported by French anthropologist Jean Mallat that illegal gambling had been famous already in the country since 1846. Although, gambling as a form of past-time was widely influenced by the Chinese, and such games like, taypo, dibersyon, cockfighting, billiards, beto-beto, tirimbi, sakla, and jueteng were prevalent that time.
Director Castañeda of the CIDG-PNP, on the other hand, also as a lawyer explained government measures to stop the operation of jueteng, such laws and department orders include, NAPOLCOM Resolution 2006-116, Section 63 of Republic Act 8551, NAPOLCOM Memorandum Circular No. 2002-004, and the creation of Anti-Illegal Gambling Special Operations Task Force (AIG-SOTF); and penalties imposable on jueteng, provided by Presidential Decree 1602 and Republic Act 9287. Hence, he also reported that current legal variable of jueteng is the Small Town Lottery (STL) which is being used for charity fund sharing, where recipients of the charity fund can provide immediate and localized funding assistance for health and development projects in various localities.
Lastly, Mayor Dominador Villena narrated actual experiences on the operation of jueteng and its implication among politicians during elections, which is widespread in Central Luzon, Southern Tagalog, Northern Luzon, Metro Manila, Bicol Region, Cagayan Valley, and the Cordillera Autonomous Region (CAR). He also discussed the operation and mechanics of this illegal numbers game, where it involves the combination of 37 numbers against 37 numbers, however, in some areas operators use 38 numbers. There are 1,396 for 37 numbers and 1,444 for 38 numbers and the draw is witnessed by all cabos or jueteng supervisors.
.
The half-day forum on jueteng and its implication on national security gives refreshing perspective among the participants and panelists as well, since all of the speakers, unanimously admit the need to legalize jueteng since it encompasses cultural, political, psycho-spiritual, and economic dimensions in the day-to-day lives of the bettors and the betting operators, despite ipso facto massive opposition from the Catholic church. Hence, it was found out that it is not uncommon for gambling lords to be church donors or involved in humanitarian projects since they believe in balato as a concept of reciprocity. Both parties in a reciprocal relationship benefit from it through utang na loob (debt of gratitude). It is also alleged that gambling lords also fund political campaigns of certain candidates. Thus, they could seek certain favors in return once they win.
As a social effect on national security, the common Filipino psyche on the cycle of life proves that life, in general, is viewed as a never-ending gamble in life. Since there are economic, political, and social uncertainties in each Filipino lives, every decision made is a bet. Eventually, one may either win or lose.
Thursday, December 3, 2009
Wednesday, December 2, 2009
Tourism in ASEAN Region: Threats and Opportunities
Copyright © 2009 by Chester B Cabalza. All Rights Reserved.
This paper was presented by Chester Cabalza, MA in the 1st UP Conference on Tourism and Hospitality last February 23-24, 2009 organized by the UP-AIT and Tourism Foundation, Inc. at SEAMEO INNOTECH, Diliman, Quezon City.
___________________
I. Introduction
The study aims to understand the various threats and opportunities to the Tourism and Travel (T&T) industry in the Association of Southeast Asian Nations’ (ASEAN) region especially that there is a stiff competition in the tourism market around the world. The perception that Southeast Asia has lost its lackluster should need to reinvent policies in the services sector particularly on how to sustain the massive contribution of tourism industry to the gross domestic product (GDP) of ASEAN economies. This is also to recognize that ASEAN tourism receipts are equivalent to almost ten percent of exports and five percent of regional economic activity.
Southeast Asia is home to heterogeneous cultures and diverse ecosystem. The region also houses developing and newly industrializing countries led by Singapore, Malaysia, Indonesia, Thailand and the Philippines that massively promote its own tourism as brands to the world. It is important to study the emerging tourism and travel industry within the region because of the fast and relevant economic activities undergoing in ASEAN, hosting major aviation and maritime hubs in this corner of the globe, where foreign tourists and investors come to visit beautiful places of the region.
ASEAN also plays as a strong actor, being one of the oldest regional organizations in the world. Thus, the ASEAN Tourism Forum (ATF) was created to cohesively promote inter and intra tourismic activity in Southeast Asia.
The fact that peninsular and insular parts of the region is gifted with bountiful tourist destinations like white beaches, mountain havens, tropical forests, underground rivers, marine sanctuaries, Buddhist temples, Catholic churches, Muslim mosques and prehistoric ruins. However, ASEAN is still perpetuated with several anticipated and impeding threats and sensitive issues that challenge the prime position of tourism industry. More so, it also drives the region’s competitiveness especially in the age of globalization where each country within Southeast Asia can now showcase the rich culture and natural resources it possesses to other citizens of the world.
Hence, in the succeeding flow of the research, several variables would be discussed, forming the main threats and opportunities that may impede the pace of the tourism industry in the region, following several contentions.
Despite the world’s looming economy since mid-2008 and amidst a lingering second round of Great Depression in succeeding years, T&T industry is certainly hurt by the continuing recession. It can, however, be prescribe that the region should remain calm after its decade’s recuperation from the 1997-1998 Asian financial crisis that started in Thailand. Because of that excruciating experience, countries in the region are expected to either remain resilient or gamble, in spite of the periodic effects of financial crunch today and in the future, which threatens the booming tourism industry around the region. Therefore, preventive measures for the tourism industry should be suggested to avoid such decrease of tourists in times of economic meltdown.
Furthermore, another tangible problem that was and still seen to hit the tourism industry of ASEAN would be security issues such as natural and man-made disasters where ASEAN region is geologically situated in a ring of fire and threatened by bands of terrorist. The case in point are the Muslim secessionist groups in several Southeast Asian countries and communist terrorists particularly in the Philippines who recently use tourist spots and recreation to further their political and religious aims. For example, terrorism has caught international limelight across the world where the region’s maritime tourist destinations are quite unsafe. Natural disasters are undeniably recurring yet devastating such as tsunamis and earthquakes, which would root havoc catastrophes in many disaster-prone beaches and cities, where most tourists rest and recreate.
More so, epidemics such as avian flu and AIDS, likewise, have contracted many travelers around the region, frightening regional governments to safeguard its people and tourists from further contagion of these communicable diseases.
The alarming effects of climate change have led ASEAN governments to a sudden realization that there is a call for to properly conserve and safeguard deteriorating natural resources. Championed by massive campaigns of influential environmentalists and other non-government organizations (NGOs) to invest on the ecological importance of the diverse flora and fauna, as well as, the heterogeneous cultures of Southeast Asia. The need to map out favorable tourismic programs that would suit to the current global issues and concerns in conserving the rich ecology and living cultures of the region.
However, to some critics of this sunrise industry, tourism boom has only led to environmental and social problems, such as pollution, deforestation, child prostitution, drug trafficking, and socially transmitted diseases. Sex tours for Japanese and Chinese tourists have been reported in the Philippines and Indonesia. Prostitution is legitimate in Thailand. Opium and heroin trafficking in the region’s Golden Triangle has become an international concern.
Hence, it can be inferred that tourism market in Southeast Asia has constantly been challenged by enduring threats that sometimes have turned out to be good opportunities. This is attested through the Chinese symbol of crisis, spinning threats into opportunities.
Meanwhile, the positive side of tourism industry in the ASEAN region could be embraced by the sudden importance of promoting ecotourism and ethnic tourism, despite its sensitivity and infancy to the T&T industry. Based from studies, these twin tourismic programs will surely increase tourism receipts to the region, given the region’s inherent natural bounty and distinct smiling people, benefiting a multi-billion dollar industry.
Part of the program, is also the prominence of ‘bird’ tourism, where migratory birds are believed to be good indicators of environmental health and biodiversity.
To augment tourism receipts and reverse the brain drain among health practitioners in the region, particularly in the Philippines, a new trend has begun in luring the burgeoning market of Medical Tourism (MT). In was reported, however, a decade ago MT was hardly large enough to be noticed, but now patients from developed countries come to the region because of equally state-of-the-art facilities, competent physicians, hospitable health staffs, lower expenses in major operations, and greater access to more scenic tropical sights.
II. Formation of the ASEAN Tourism Forum
ASEAN was established on 8 August 1967 in Bangkok by the five original member countries, namely, Indonesia, Malaysia, the Philippines, Singapore, and Thailand. In 8 January 1984, Brunei Darussalam joined the regional grouping. Then, Vietnam became an official member on 28 July 1995 paving the way for Laos and Myanmar to enter ASEAN on 23 July 1997. Lastly to complete the list, Cambodia was admitted on 30 April 1999.
Tourism cooperation was formalized in 1976 when the ASEAN Committee on Trade and Tourism set up a sub-committee to deal exclusively with the sector. Initiating promotions, marketing and research, and its achievements included the annual ASEAN Tourism Forum (ATF) that started in 1981.
In 1988, six-member countries of the ASEAN signed a Tourism Agreement with an aim of undertaking promotional activities and vitalizing travel from and among ASEAN member countries. This is to recognize that ASEAN tourism receipts were equivalent to almost 10 percent of exports and five percent of regional economic activity.
Today, the tourism industry in the ASEAN region has constantly been ranked as one of the best tourist destinations in the world. More so, in promoting the ASEAN Tourism, a new brand has been dubbed for the entire region as “Asia’s Perfect Ten Paradise”.
III. Main Threats and Opportunities to the Tourism Industry in the ASEAN Region
The growth of the Chinese and Indian economies is drawing in resources from Southeast Asia and creating competition particularly in service industries like tourism. However, transformation is a hallmark of post-World War II economic development in Southeast Asia. Generally, the ASEAN region has varying market economies and each country in the region has peculiar assets and resources that will indeed boost tourism receipts.
A threat can be construed as an indication of impending danger or harm. One that is regarded as a possible danger or a menace. On the other hand, an opportunity is a favorable or advantageous circumstance or combination of circumstances. A chance for progress or advancement.
Threats
A. Impacts of Global Financial Crisis to ASEAN’s Tourism Industry
Tourism is recognized as one of the major engines for socio-economic development and sustainability in most countries of the ASEAN. However, economic crisis can indeed affect the tourism industry by massive lay-off of workers in tourism-related businesses and decreasing hotel room occupancy. A case in point is the 1997-1998 East Asian financial crisis, which had become a serious problem that slightly harmed the tourism industry in the region, decreasing visitor arrivals in succeeding year.
But ten years after, another returning fiscal threat has been challenging the tourism industry within the region, courtesy of the global financial crisis. Early signs of the financial crunch was sighted in the United States, thus admittedly, a portion of American travelers in the region decreased, hitting once more the sunrise industry of tourism. Apparently, there are speculations that hoteliers are experiencing significant downturn in the hotel and resort occupancy or rate of room reservations in best-loved beaches in Bali, Boracay, Langkawi, and Phuket.
Hence, tourism leaders show signs of skepticism, attributing to the current global crisis, since the core tourism markets from the United States, Europe, Australia, and the rest of Asia feel less inclined to travel in 2008 and 2009.
However, this year, the United Nations World Tourism Organization (UNWTO) has forecast a negative two percent to zero growth for the Asia-Pacific region that includes ASEAN countries with international tourism stagnating by two percent due to the worsening global financial crisis. However, UNWTO recently rated the Philippine tourism campaign as the best-improved in Asia with a 10.6 percent annual growth rate, the highest in Southeast Asia surpassing the 7 percent increase of tourist traffic in the Asia-Pacific region (Philippine Daily Inquirer, 2009).
B. Recurring Natural and Man-made Disasters
In terms of major threats to the tourism industry in ASEAN, natural catastrophes such as tsunamis, super typhoons, earthquakes, and man-made disasters like terrorism and seperatism, are certainly inevitable threats but can also be mitigated. Thus, the basic answer to these problems is to create and properly implement contingency plans for those hazards, which can present situations that are common across the spectrum of emergencies. In effect, specific hazards can pose sets of problems that must be dwelt as well.
To cite an example, the South Asian Tsunami in 2004, caught the attention of policy-makers in the region, and immediately after the tragic catastrophe, the ASEAN Tourism Ministers drafted an important agreement called, The Langkawi Declaration on “Shifting Paradigm – Prospering the Region”. They expressed their profound sorrow over the great loss of lives and properties from the earthquake and tsunami disaster and reaffirm their solidarity in assisting affected countries to rebuild their economies and accelerate the reconstruction and restoration of the tourism industry in the region.
Consequently, it was believed that tourism not only contributes to climate change that inevitably causes natural disasters, but is affected by it as well. Climate change is likely to increase the severity and frequency of storms and severe weather events, which can have disastrous effects on tourism in the affected countries. Some of the other impacts that the world risks as a result of global warming are drought, diseases and heat waves. Therefore, these recurring and sometimes unforeseen natural disasters are major threats to the tourism industry if not well mitigated by governments in the region.
Meanwhile, Vorobieva (2002) deems that terrorism is a multi-faceted phenomenon. It contains political, legal, psychological, philosophical, historical, technological and other components.
The recent terrorist attacks on popular tourist spots suggest that tourism has been used as scapegoats for expressing greater political, cultural, religious and social aims. To cite a few but high-profile actions of Muslim terrorist groups such as the Abu Sayyaf Group (ASG) and Jemaah Islamiyah (JI), these include the following, namely, the Sipadan-Sulu hostage crisis on 2000, Dos Palmas kidnapping on 2001, Bali bombing on 2002, Jakarta JW Marriott Hotel bombing on 2004, Bali bombing II on 2004, Superferry bombing on 2004, the Valentine bombing in Makati on 2005, and Zamboanga bombing on 2006.
Because of rampant terrorist activities of these bandits, only in 2002, the ASEAN Tourism Ministers gathered together, made an historic action, and singed the “Declaration on Tourism Safety and Security”. This is to recognize the importance of tourism as a significant industry in the promotion of economic benefits and social unity, which among others, provides job opportunities. This urged their call that terrorism is a direct challenge to tourism development in the region and finally reiterated their commitment to work in close partnership to build travelers’ confidence and endorse peace and stability through tourism.
C. Challenges of Climate Change
Since the introduction of the jet aircraft in the early 1960s, Southeast Asia has emerged as one of the fastest growing tourist destinations in the world. Thus, impacting tourism as a source of change in the economy, environment, and society that varies widely across the region, with some areas receiving proportionately far tourists while others are completely unaffected by them (Din and Chairholder, 2005).
But air travel itself is a major contributor to the greenhouse effect. Passenger jets are the fastest growing source of greenhouse gas emissions. The number of international travelers is expected to increase from 594 million in 1996 to 1.6 billion by 2020, adding greatly to the problem unless steps are taken to reduce emissions, based from World Wildlife Fund (WWF) report. However, according to a recent research carried out by the UNWTO (2007), carbon dioxide emissions from international tourism including all forms of transport like airplanes accounted for just under 5% of the world total. Emissions from tourism are far below many sectors, however, apart from transport emissions, tourism is a relatively clean activity.
A fact that Southeast Asia is known worldwide for its biodiversity, environmentalists and scientists are worried that climate change would certainly affect the loss of biodiversity, without proper action and misguided programs on ecotourism. Furthermore, nature tourism is closely linked to biodiversity and the attractions created by a rich and varied environment. It can also cause loss of biodiversity when land and resources are strained by excessive use, and when impacts on vegetation, wildlife, mountain, marine and coastal environments and water resources exceed the carrying capacity. This loss of biodiversity in fact means loss of tourism potential.
WWF even contest that climate change would threaten food supplies, opportunities for recreation and tourism, sources of wood, medicines and energy. It also interferes with essential ecological functions such as species balance, soil formation, and greenhouse gas absorption. Finally, it destabilizes ecosystems and weakens its ability to deal with natural disasters such as floods, droughts, and hurricanes, and with human-caused stresses, such as pollution and climate change.
Hence, not all ecosystems and human settlements are equally sensitive to changes in climate. Countries in the region still vary in their relative vulnerability to changes in temperature, precipitation and extreme weather events and their ability to cope with such changes.
Opportunities
A. Prospects of Ecotourism and Ethnic Tourism
Tourism undeniably provides substantial contribution to the local, national as well as the global economy. The nature, type, and scope of tourism destinations have been developing and evolving into more exciting forms that conventional tourism management find it hard to implement tougher environmental requirements needed for sustainable tourism development. According to World Trade and Tourism Organization (WTTO), sustainable tourism development should meet the needs of the present and host regions while protecting and enhancing opportunities for the future.
The impact of tourism on environment and local cultures, however, need not always be negative. Environmental and cultural sensitivity can be, and should be, integrated into regular tourism programs. Such is the case of ecotourism and ethnic tourism. Because of these alternative itineraries, tourists not only visit the best resorts and shopping malls but also appreciate ecological landscapes and immersion within local communities.
In the Philippines, one successful strategy in promoting ecotourism and ethnic tourism would be the ‘jungle survival’ in Subic. The Subic Bay is a former U.S. naval base transformed into a promising economic hub with preserved primary forests and deep natural harbor. In the jungle survival package, the Agtas, an indigenous Negrito group teaches tourists basic techniques in jungle survival. The Subic Metropolitan Bay Authority (SMBA), the governing body of this booming economic zone, has seen potential commodity using indigenous knowledge by promoting ecotourism and ethnic tourism folded into one. This strategy, in a way, has helped preserve Agta’s traditional culture as well as conserving the ecosystem while selling it as hot items among tourists.
Of course, government plays a major role in determining which places for ecotourism and groups of people for ethnic tourism can be recommended for tourists. Wood (1997) believes that the material sources to reconstruct ritual traditions for tourist consumption has become one of the main factors in selecting appropriate areas for international tourism.
So far, the attraction of ethnic tourism for tourists is based on a conceptualization of the ‘Other’ [Budiwanti, (org. Maunti, 2002)], especially in Third World countries, when people of host countries may see an opportunity to exploit this western fascination of the ‘Other’. External forces like the tourists, through programs such as ecotourism and ethnic tourism seem to turn indigenous cultures as commodities, although, sometimes this has strengthened the creation of new forms of identity.
It is said that while the immediate concern will always be the number of jobs created or lost, and revenues generated or forgone, the less immediate effects, such as environmental and cultural deterioration or revitalization, and the erosion of community identity and cohesion, will require careful and costly studies in concert with broadened public discourse to allow for better appreciation of the significance of tourism among industry insiders and the community at large.
In addition, (Edmons & Leposky, 1998) with the emergence of ecotourism and ethnic tourism in Southeast Asia as ways of promoting heterogeneous cultures and rich flora and fauna, consequently, other interesting packages competing in the market, particularly holiday ownership and timesharing, are also contributory to the development of economic activities through tourism. Experts deem that holiday ownership adds value to a sustainable ecotourismic enterprise in two ways while timeshare exchange has the potential to attract timeshare visitors from all parts of the world to ecotourismic resorts.
B. Prominence of Bird Tourism
Based from the study of the Haribon Foundation, they found out that the Philippines and other countries in the Southeast Asia can be tapped for sanctuaries for “bird” tourism because of migratory birds from cold countries passing by the tropical islands of Southeast Asia.
In the report based from the Birdlife International’s Agenda, bird watching potential in the Philippines using biodiversity for ecotourism programs should be explored as another alternative package for the mushrooming tourism industry in the country and the region as well.
However, it is a fact that there are over 10,000 bird species in the world. One in eight of the world’s birds or 1,211 species faces extinction and one third of globally threatened birds are found in Asia. The birds are also used as good indicators of environmental health and biodiversity. Birds are found almost everywhere in the world but the density of globally threatened birds in the world is uneven.
On the other hand, biodiversity is becoming a rare commodity that can be used to attract nature tourists. In fact, some countries including forested Southeast Asia are particularly important for globally threatened species because 64% of globally threatened species are threatened by unsustainable forestry. Birds are found in all major habitats but forest is particularly important.
Hence, there are more than 7,500 Important Bird Areas (IBAs) in the world and over 2000 are found in Asia while 117 are found in the Philippines. Birds are also found in coastal areas and wetlands. Migrating birds know no boundaries. Given this data, today birdwatchers are the largest of all nature-watching groups worldwide since 78 million birdwatchers traveled and spent US$78 million in one year.
Thus, to sum it up, bird watching or experiencing nature in the wild has good potential in the Philippines and Southeast Asia, as a whole. This could be used to explore the use of flagship species and for ecotourism promotion and product development.
C. Conjectures of Medical Tourism
Medical Tourism (MT) also known as medical travel or health tourism can be broadly defined as a health holiday along with a provision for ‘cost effective’ private medical care in collaboration with the tourism industry for patients needing surgical and/or other forms of specialized treatment. It combines wellness and healthcare alongside leisure and relocation aimed at rejuvenating a person – mentally, physically and emotionally.
Ten years ago medical tourism was hardly heard of. Now, countries in Southeast Asia like the Philippines, Singapore, Thailand and Malaysia are growing as destinations for medical tourism because of world-class physicians and modern technology, with procedures delivered at a fraction of the cost of those in developed countries. These countries have excellent hospitals and stand-alone specialty clinics.
Looking at the ASEAN picture today, more than 250,000 patients per year visit Singapore alone - nearly half of them come from the Middle East. On the other hand, Thailand specializes on cosmetic surgery and dental treatments. Other in-demand procedures like eye surgery, kidney dialysis and organ transplantation are also among the most common procedures sought by medical vacationers in Southeast Asia. For a few patients, Phuket has another attraction as well, the Bangkok Phuket Hospital is the premier place to go for sex-change surgery. In fact, that is one of the top 10 procedures for which patients visit Thailand.
III. Conclusion
The fact that tourism is known to be the world’s largest industry to date especially in the age of globalization, promoting ASEAN as a single destination would mean a stronger cooperation and higher tourism receipts among member states. Furthermore, the ASEAN Tourism Forum plays an advantage to the region in giving quality tourism to tourists, sharing camaraderie and cooperation in times of crises, which would challenge the booming tourism industry in Southeast Asia.
Enmeshed in increasing interconnections of trade and travel of people in Southeast Asia and the world, in case of unanticipated financial crisis, emerging industries like tourism services would indeed be affected. Prescriptions are made such as massive bailouts from developed economies, which have also affected least developed countries, but still, T&T will survive and continuously will grow. Consequently, the increase in economic activities due to tourism investments in Southeast Asia’s tourist spots have served well to the escalation of construction services and direct employment in tourism services.
As more and more people from different societies and cultures come into contact with one another. National barriers are breaking down and new formation of geopolitics is moving on because of new developments and events in the world. This has been coupled with the lifting of travel restrictions in many parts of the world, such as in the case of ASEAN’s implementation of a visa-free policy among its member states.
In terms of natural and man-made disasters, most experts today advocate a comprehensive “all hazards” approach to emergency preparedness. The need for contingency plans that take into account potential natural, technological, and man-made threats to the advancement of well-deserved tourism services. These well-thought contingencies for tourism safety and security can ultimately help save lives, reduce property loss, as well as lessen the region’s tourism industry’s potential liability.
To contain the challenges of climate change in the region, ASEAN countries must encourage researchers and scientists to conduct further biological study or inventory of wildlife resources to serve as basis in the formulation of sound management policies for conservation and sustainable resource utilization. Southeast Asia’s biological megadiversity is very high in terms of species richness, ecosystem and biodiversity. It is also recommended that more protected areas should be safeguarded in the region and enforce rigid national or local environmental laws.
On the other hand, in terms of opportunities, the popularity of ecotourism and ethnic tourism around the region, attest that there are alternative and common tourism programs that these ten-countries of the ASEAN can offer, aside from its famed heterogeneous culture and cuisines.
A good tourism development plan must preserve the overall quality of the environment and tourist resources that will allow them to be used in the future. The planning and management of tourist development must not trigger serious ecological or socio-cultural problems. The attraction of area should be maintained to continue the level of tourist satisfaction that will sustain commercial potential of the area and ultimately benefiting all the members of the community. It is therefore imperative that with increasing activities on various tourist destinations will require the cooperation of all stakeholders in the community.
To promote bird watching in the region, Important Bird Areas (IBAs) must be thoroughly identified first since there are abundant bird species in Southeast Asia. To endorse bird watching as additive ecotourism promotion and product development. At the same time, killing migratory birds and endangered bird species must be stopped. Lastly, to conduct reforestation activities to promote biodiversity since birds are also used as good indicators of environmental health and biodiversity.
Nevertheless, despite MT’s emergence there seems to be a problem on alleviating it through proper policy-making. First, the healthcare industry has some inherent drawbacks. It lacks standardization in medical care and cost, insufficient regulatory mechanism, and infrastructural bottlenecks or poor medical insurance coverage. The immediate need is the establishment of health and tourism players’ consortium to discuss about all issues and maintain closer interaction and coordination to develop medical tourism in the region – another growth engine for investments.
Furthermore, in promoting the ASEAN tourism, a new brand has been dubbed for the entire region as “Asia’s Perfect Ten Paradise”. Thus far, the outlook of the region’s tourism share in the world tourism industry must be given more attention to attract numerous tourists worldwide.
The region is now at the crossroads of achieving higher tourism receipts since some countries are competitively outsourcing tourists and travelers to come to its specific countries. There is still a need to upgrade airports and seaports to meet international standards and compete globally. There is a need to continuously safeguard major tourist attractions from environmental degradation, discover more potentially attractive tourist sites, and market tourist destinations in other untapped countries should be opened up.
According to the World Trade Organization (WTO), sustainable tourism development should prepare from the cyclical threats and meet the needs while protecting and enhancing opportunities for the future enrichment of countries within Southeast Asia.
Hence, we can expect an increasing and/or decreasing rate of tourist visits into the region unless certain policies pertaining with those threats and opportunities must be talked about and realized. As this trend continues, several transformations are likely to occur in the cultures of the region. This time, however, the peoples of Southeast Asia have the choice of what course of change to take in. They also have the choice of what type of tourism programs to encourage and implement.
Obviously, there are more questions than answers on the threats and opportunities in the tourism industry in the ASEAN region. It is hoped that this paper will pave way for other students and scholars of tourism to pursue similar researches on the safety and security of tourism and its related fields.
References
Budiwanti, E., (2002). Culture and Globalization and the Maintenance of Local Identity: A Case Study of the Wetu Sasak, West Nusa Tenggara, Indonesia, in Aguilar, Carmencita, ed. Political Culture and Globalization, pp.181-187, Quezon City, Philippines.
Cabalza, C., (2006). The State of Regional Tourism in Southeast Asia, paper presentation, 2nd Graduate Students' Conference, Asian Center, University of the Philippines.
Din, Abdul K., and Razak, Abdul T., (2005). Tourism in Southeast Asia: Local, Regional and Cross-cultural perspective, Ohio University (conference sponsored Center for International Studies).
Edmons, J., and Leposky, G., (2004). Ecotourism and Sustainable Tourism Development in Southeast Asia, Florida: Florida International University Press.
Mishev, P. and Milkana M., (2008). Climate Change Impacts on Tourism, International Conference on Global Environmental Change: Challenges to Science and Society,” 19-21 May 2008, Sofia, Bulgaria, http://global-change.meteo.bg/conference_en.htm
Vorobieva, L., (2002). International Co-operation in the Fight Against Terrorism, in Noor, E., and Hassan, M., (eds.), Terrorism: Perspective for the Asia Pacific. 11th Meeting of the CSCAP Working Group on Comprehensive and Co-operative Security, Malaysia: Institute of Strategic and International Studies (ISIS).
Wood, R., (1997). Tourism and the State: Ethnic Options and Construction of Otherness, in Picard, M. and Wood, R., (eds.), Tourism, Ethnicity, and the State in Asian and Pacific Societies, Honolulu, University of Hawaii.
Websites
ASEAN Tourism, http://www.asean-tourism.com
Philippine Daily Inquirer, http://www.inq7.net
Medical Tourism, http://en.wikipedia.org/wiki/Medical_tourism
World Wildlife Fund, http://www.worldwildlife.org
World Travel and tourism Council, http://www.wttc.org
This paper was presented by Chester Cabalza, MA in the 1st UP Conference on Tourism and Hospitality last February 23-24, 2009 organized by the UP-AIT and Tourism Foundation, Inc. at SEAMEO INNOTECH, Diliman, Quezon City.
___________________
I. Introduction
The study aims to understand the various threats and opportunities to the Tourism and Travel (T&T) industry in the Association of Southeast Asian Nations’ (ASEAN) region especially that there is a stiff competition in the tourism market around the world. The perception that Southeast Asia has lost its lackluster should need to reinvent policies in the services sector particularly on how to sustain the massive contribution of tourism industry to the gross domestic product (GDP) of ASEAN economies. This is also to recognize that ASEAN tourism receipts are equivalent to almost ten percent of exports and five percent of regional economic activity.
Southeast Asia is home to heterogeneous cultures and diverse ecosystem. The region also houses developing and newly industrializing countries led by Singapore, Malaysia, Indonesia, Thailand and the Philippines that massively promote its own tourism as brands to the world. It is important to study the emerging tourism and travel industry within the region because of the fast and relevant economic activities undergoing in ASEAN, hosting major aviation and maritime hubs in this corner of the globe, where foreign tourists and investors come to visit beautiful places of the region.
ASEAN also plays as a strong actor, being one of the oldest regional organizations in the world. Thus, the ASEAN Tourism Forum (ATF) was created to cohesively promote inter and intra tourismic activity in Southeast Asia.
The fact that peninsular and insular parts of the region is gifted with bountiful tourist destinations like white beaches, mountain havens, tropical forests, underground rivers, marine sanctuaries, Buddhist temples, Catholic churches, Muslim mosques and prehistoric ruins. However, ASEAN is still perpetuated with several anticipated and impeding threats and sensitive issues that challenge the prime position of tourism industry. More so, it also drives the region’s competitiveness especially in the age of globalization where each country within Southeast Asia can now showcase the rich culture and natural resources it possesses to other citizens of the world.
Hence, in the succeeding flow of the research, several variables would be discussed, forming the main threats and opportunities that may impede the pace of the tourism industry in the region, following several contentions.
Despite the world’s looming economy since mid-2008 and amidst a lingering second round of Great Depression in succeeding years, T&T industry is certainly hurt by the continuing recession. It can, however, be prescribe that the region should remain calm after its decade’s recuperation from the 1997-1998 Asian financial crisis that started in Thailand. Because of that excruciating experience, countries in the region are expected to either remain resilient or gamble, in spite of the periodic effects of financial crunch today and in the future, which threatens the booming tourism industry around the region. Therefore, preventive measures for the tourism industry should be suggested to avoid such decrease of tourists in times of economic meltdown.
Furthermore, another tangible problem that was and still seen to hit the tourism industry of ASEAN would be security issues such as natural and man-made disasters where ASEAN region is geologically situated in a ring of fire and threatened by bands of terrorist. The case in point are the Muslim secessionist groups in several Southeast Asian countries and communist terrorists particularly in the Philippines who recently use tourist spots and recreation to further their political and religious aims. For example, terrorism has caught international limelight across the world where the region’s maritime tourist destinations are quite unsafe. Natural disasters are undeniably recurring yet devastating such as tsunamis and earthquakes, which would root havoc catastrophes in many disaster-prone beaches and cities, where most tourists rest and recreate.
More so, epidemics such as avian flu and AIDS, likewise, have contracted many travelers around the region, frightening regional governments to safeguard its people and tourists from further contagion of these communicable diseases.
The alarming effects of climate change have led ASEAN governments to a sudden realization that there is a call for to properly conserve and safeguard deteriorating natural resources. Championed by massive campaigns of influential environmentalists and other non-government organizations (NGOs) to invest on the ecological importance of the diverse flora and fauna, as well as, the heterogeneous cultures of Southeast Asia. The need to map out favorable tourismic programs that would suit to the current global issues and concerns in conserving the rich ecology and living cultures of the region.
However, to some critics of this sunrise industry, tourism boom has only led to environmental and social problems, such as pollution, deforestation, child prostitution, drug trafficking, and socially transmitted diseases. Sex tours for Japanese and Chinese tourists have been reported in the Philippines and Indonesia. Prostitution is legitimate in Thailand. Opium and heroin trafficking in the region’s Golden Triangle has become an international concern.
Hence, it can be inferred that tourism market in Southeast Asia has constantly been challenged by enduring threats that sometimes have turned out to be good opportunities. This is attested through the Chinese symbol of crisis, spinning threats into opportunities.
Meanwhile, the positive side of tourism industry in the ASEAN region could be embraced by the sudden importance of promoting ecotourism and ethnic tourism, despite its sensitivity and infancy to the T&T industry. Based from studies, these twin tourismic programs will surely increase tourism receipts to the region, given the region’s inherent natural bounty and distinct smiling people, benefiting a multi-billion dollar industry.
Part of the program, is also the prominence of ‘bird’ tourism, where migratory birds are believed to be good indicators of environmental health and biodiversity.
To augment tourism receipts and reverse the brain drain among health practitioners in the region, particularly in the Philippines, a new trend has begun in luring the burgeoning market of Medical Tourism (MT). In was reported, however, a decade ago MT was hardly large enough to be noticed, but now patients from developed countries come to the region because of equally state-of-the-art facilities, competent physicians, hospitable health staffs, lower expenses in major operations, and greater access to more scenic tropical sights.
II. Formation of the ASEAN Tourism Forum
ASEAN was established on 8 August 1967 in Bangkok by the five original member countries, namely, Indonesia, Malaysia, the Philippines, Singapore, and Thailand. In 8 January 1984, Brunei Darussalam joined the regional grouping. Then, Vietnam became an official member on 28 July 1995 paving the way for Laos and Myanmar to enter ASEAN on 23 July 1997. Lastly to complete the list, Cambodia was admitted on 30 April 1999.
Tourism cooperation was formalized in 1976 when the ASEAN Committee on Trade and Tourism set up a sub-committee to deal exclusively with the sector. Initiating promotions, marketing and research, and its achievements included the annual ASEAN Tourism Forum (ATF) that started in 1981.
In 1988, six-member countries of the ASEAN signed a Tourism Agreement with an aim of undertaking promotional activities and vitalizing travel from and among ASEAN member countries. This is to recognize that ASEAN tourism receipts were equivalent to almost 10 percent of exports and five percent of regional economic activity.
Today, the tourism industry in the ASEAN region has constantly been ranked as one of the best tourist destinations in the world. More so, in promoting the ASEAN Tourism, a new brand has been dubbed for the entire region as “Asia’s Perfect Ten Paradise”.
III. Main Threats and Opportunities to the Tourism Industry in the ASEAN Region
The growth of the Chinese and Indian economies is drawing in resources from Southeast Asia and creating competition particularly in service industries like tourism. However, transformation is a hallmark of post-World War II economic development in Southeast Asia. Generally, the ASEAN region has varying market economies and each country in the region has peculiar assets and resources that will indeed boost tourism receipts.
A threat can be construed as an indication of impending danger or harm. One that is regarded as a possible danger or a menace. On the other hand, an opportunity is a favorable or advantageous circumstance or combination of circumstances. A chance for progress or advancement.
Threats
A. Impacts of Global Financial Crisis to ASEAN’s Tourism Industry
Tourism is recognized as one of the major engines for socio-economic development and sustainability in most countries of the ASEAN. However, economic crisis can indeed affect the tourism industry by massive lay-off of workers in tourism-related businesses and decreasing hotel room occupancy. A case in point is the 1997-1998 East Asian financial crisis, which had become a serious problem that slightly harmed the tourism industry in the region, decreasing visitor arrivals in succeeding year.
But ten years after, another returning fiscal threat has been challenging the tourism industry within the region, courtesy of the global financial crisis. Early signs of the financial crunch was sighted in the United States, thus admittedly, a portion of American travelers in the region decreased, hitting once more the sunrise industry of tourism. Apparently, there are speculations that hoteliers are experiencing significant downturn in the hotel and resort occupancy or rate of room reservations in best-loved beaches in Bali, Boracay, Langkawi, and Phuket.
Hence, tourism leaders show signs of skepticism, attributing to the current global crisis, since the core tourism markets from the United States, Europe, Australia, and the rest of Asia feel less inclined to travel in 2008 and 2009.
However, this year, the United Nations World Tourism Organization (UNWTO) has forecast a negative two percent to zero growth for the Asia-Pacific region that includes ASEAN countries with international tourism stagnating by two percent due to the worsening global financial crisis. However, UNWTO recently rated the Philippine tourism campaign as the best-improved in Asia with a 10.6 percent annual growth rate, the highest in Southeast Asia surpassing the 7 percent increase of tourist traffic in the Asia-Pacific region (Philippine Daily Inquirer, 2009).
B. Recurring Natural and Man-made Disasters
In terms of major threats to the tourism industry in ASEAN, natural catastrophes such as tsunamis, super typhoons, earthquakes, and man-made disasters like terrorism and seperatism, are certainly inevitable threats but can also be mitigated. Thus, the basic answer to these problems is to create and properly implement contingency plans for those hazards, which can present situations that are common across the spectrum of emergencies. In effect, specific hazards can pose sets of problems that must be dwelt as well.
To cite an example, the South Asian Tsunami in 2004, caught the attention of policy-makers in the region, and immediately after the tragic catastrophe, the ASEAN Tourism Ministers drafted an important agreement called, The Langkawi Declaration on “Shifting Paradigm – Prospering the Region”. They expressed their profound sorrow over the great loss of lives and properties from the earthquake and tsunami disaster and reaffirm their solidarity in assisting affected countries to rebuild their economies and accelerate the reconstruction and restoration of the tourism industry in the region.
Consequently, it was believed that tourism not only contributes to climate change that inevitably causes natural disasters, but is affected by it as well. Climate change is likely to increase the severity and frequency of storms and severe weather events, which can have disastrous effects on tourism in the affected countries. Some of the other impacts that the world risks as a result of global warming are drought, diseases and heat waves. Therefore, these recurring and sometimes unforeseen natural disasters are major threats to the tourism industry if not well mitigated by governments in the region.
Meanwhile, Vorobieva (2002) deems that terrorism is a multi-faceted phenomenon. It contains political, legal, psychological, philosophical, historical, technological and other components.
The recent terrorist attacks on popular tourist spots suggest that tourism has been used as scapegoats for expressing greater political, cultural, religious and social aims. To cite a few but high-profile actions of Muslim terrorist groups such as the Abu Sayyaf Group (ASG) and Jemaah Islamiyah (JI), these include the following, namely, the Sipadan-Sulu hostage crisis on 2000, Dos Palmas kidnapping on 2001, Bali bombing on 2002, Jakarta JW Marriott Hotel bombing on 2004, Bali bombing II on 2004, Superferry bombing on 2004, the Valentine bombing in Makati on 2005, and Zamboanga bombing on 2006.
Because of rampant terrorist activities of these bandits, only in 2002, the ASEAN Tourism Ministers gathered together, made an historic action, and singed the “Declaration on Tourism Safety and Security”. This is to recognize the importance of tourism as a significant industry in the promotion of economic benefits and social unity, which among others, provides job opportunities. This urged their call that terrorism is a direct challenge to tourism development in the region and finally reiterated their commitment to work in close partnership to build travelers’ confidence and endorse peace and stability through tourism.
C. Challenges of Climate Change
Since the introduction of the jet aircraft in the early 1960s, Southeast Asia has emerged as one of the fastest growing tourist destinations in the world. Thus, impacting tourism as a source of change in the economy, environment, and society that varies widely across the region, with some areas receiving proportionately far tourists while others are completely unaffected by them (Din and Chairholder, 2005).
But air travel itself is a major contributor to the greenhouse effect. Passenger jets are the fastest growing source of greenhouse gas emissions. The number of international travelers is expected to increase from 594 million in 1996 to 1.6 billion by 2020, adding greatly to the problem unless steps are taken to reduce emissions, based from World Wildlife Fund (WWF) report. However, according to a recent research carried out by the UNWTO (2007), carbon dioxide emissions from international tourism including all forms of transport like airplanes accounted for just under 5% of the world total. Emissions from tourism are far below many sectors, however, apart from transport emissions, tourism is a relatively clean activity.
A fact that Southeast Asia is known worldwide for its biodiversity, environmentalists and scientists are worried that climate change would certainly affect the loss of biodiversity, without proper action and misguided programs on ecotourism. Furthermore, nature tourism is closely linked to biodiversity and the attractions created by a rich and varied environment. It can also cause loss of biodiversity when land and resources are strained by excessive use, and when impacts on vegetation, wildlife, mountain, marine and coastal environments and water resources exceed the carrying capacity. This loss of biodiversity in fact means loss of tourism potential.
WWF even contest that climate change would threaten food supplies, opportunities for recreation and tourism, sources of wood, medicines and energy. It also interferes with essential ecological functions such as species balance, soil formation, and greenhouse gas absorption. Finally, it destabilizes ecosystems and weakens its ability to deal with natural disasters such as floods, droughts, and hurricanes, and with human-caused stresses, such as pollution and climate change.
Hence, not all ecosystems and human settlements are equally sensitive to changes in climate. Countries in the region still vary in their relative vulnerability to changes in temperature, precipitation and extreme weather events and their ability to cope with such changes.
Opportunities
A. Prospects of Ecotourism and Ethnic Tourism
Tourism undeniably provides substantial contribution to the local, national as well as the global economy. The nature, type, and scope of tourism destinations have been developing and evolving into more exciting forms that conventional tourism management find it hard to implement tougher environmental requirements needed for sustainable tourism development. According to World Trade and Tourism Organization (WTTO), sustainable tourism development should meet the needs of the present and host regions while protecting and enhancing opportunities for the future.
The impact of tourism on environment and local cultures, however, need not always be negative. Environmental and cultural sensitivity can be, and should be, integrated into regular tourism programs. Such is the case of ecotourism and ethnic tourism. Because of these alternative itineraries, tourists not only visit the best resorts and shopping malls but also appreciate ecological landscapes and immersion within local communities.
In the Philippines, one successful strategy in promoting ecotourism and ethnic tourism would be the ‘jungle survival’ in Subic. The Subic Bay is a former U.S. naval base transformed into a promising economic hub with preserved primary forests and deep natural harbor. In the jungle survival package, the Agtas, an indigenous Negrito group teaches tourists basic techniques in jungle survival. The Subic Metropolitan Bay Authority (SMBA), the governing body of this booming economic zone, has seen potential commodity using indigenous knowledge by promoting ecotourism and ethnic tourism folded into one. This strategy, in a way, has helped preserve Agta’s traditional culture as well as conserving the ecosystem while selling it as hot items among tourists.
Of course, government plays a major role in determining which places for ecotourism and groups of people for ethnic tourism can be recommended for tourists. Wood (1997) believes that the material sources to reconstruct ritual traditions for tourist consumption has become one of the main factors in selecting appropriate areas for international tourism.
So far, the attraction of ethnic tourism for tourists is based on a conceptualization of the ‘Other’ [Budiwanti, (org. Maunti, 2002)], especially in Third World countries, when people of host countries may see an opportunity to exploit this western fascination of the ‘Other’. External forces like the tourists, through programs such as ecotourism and ethnic tourism seem to turn indigenous cultures as commodities, although, sometimes this has strengthened the creation of new forms of identity.
It is said that while the immediate concern will always be the number of jobs created or lost, and revenues generated or forgone, the less immediate effects, such as environmental and cultural deterioration or revitalization, and the erosion of community identity and cohesion, will require careful and costly studies in concert with broadened public discourse to allow for better appreciation of the significance of tourism among industry insiders and the community at large.
In addition, (Edmons & Leposky, 1998) with the emergence of ecotourism and ethnic tourism in Southeast Asia as ways of promoting heterogeneous cultures and rich flora and fauna, consequently, other interesting packages competing in the market, particularly holiday ownership and timesharing, are also contributory to the development of economic activities through tourism. Experts deem that holiday ownership adds value to a sustainable ecotourismic enterprise in two ways while timeshare exchange has the potential to attract timeshare visitors from all parts of the world to ecotourismic resorts.
B. Prominence of Bird Tourism
Based from the study of the Haribon Foundation, they found out that the Philippines and other countries in the Southeast Asia can be tapped for sanctuaries for “bird” tourism because of migratory birds from cold countries passing by the tropical islands of Southeast Asia.
In the report based from the Birdlife International’s Agenda, bird watching potential in the Philippines using biodiversity for ecotourism programs should be explored as another alternative package for the mushrooming tourism industry in the country and the region as well.
However, it is a fact that there are over 10,000 bird species in the world. One in eight of the world’s birds or 1,211 species faces extinction and one third of globally threatened birds are found in Asia. The birds are also used as good indicators of environmental health and biodiversity. Birds are found almost everywhere in the world but the density of globally threatened birds in the world is uneven.
On the other hand, biodiversity is becoming a rare commodity that can be used to attract nature tourists. In fact, some countries including forested Southeast Asia are particularly important for globally threatened species because 64% of globally threatened species are threatened by unsustainable forestry. Birds are found in all major habitats but forest is particularly important.
Hence, there are more than 7,500 Important Bird Areas (IBAs) in the world and over 2000 are found in Asia while 117 are found in the Philippines. Birds are also found in coastal areas and wetlands. Migrating birds know no boundaries. Given this data, today birdwatchers are the largest of all nature-watching groups worldwide since 78 million birdwatchers traveled and spent US$78 million in one year.
Thus, to sum it up, bird watching or experiencing nature in the wild has good potential in the Philippines and Southeast Asia, as a whole. This could be used to explore the use of flagship species and for ecotourism promotion and product development.
C. Conjectures of Medical Tourism
Medical Tourism (MT) also known as medical travel or health tourism can be broadly defined as a health holiday along with a provision for ‘cost effective’ private medical care in collaboration with the tourism industry for patients needing surgical and/or other forms of specialized treatment. It combines wellness and healthcare alongside leisure and relocation aimed at rejuvenating a person – mentally, physically and emotionally.
Ten years ago medical tourism was hardly heard of. Now, countries in Southeast Asia like the Philippines, Singapore, Thailand and Malaysia are growing as destinations for medical tourism because of world-class physicians and modern technology, with procedures delivered at a fraction of the cost of those in developed countries. These countries have excellent hospitals and stand-alone specialty clinics.
Looking at the ASEAN picture today, more than 250,000 patients per year visit Singapore alone - nearly half of them come from the Middle East. On the other hand, Thailand specializes on cosmetic surgery and dental treatments. Other in-demand procedures like eye surgery, kidney dialysis and organ transplantation are also among the most common procedures sought by medical vacationers in Southeast Asia. For a few patients, Phuket has another attraction as well, the Bangkok Phuket Hospital is the premier place to go for sex-change surgery. In fact, that is one of the top 10 procedures for which patients visit Thailand.
III. Conclusion
The fact that tourism is known to be the world’s largest industry to date especially in the age of globalization, promoting ASEAN as a single destination would mean a stronger cooperation and higher tourism receipts among member states. Furthermore, the ASEAN Tourism Forum plays an advantage to the region in giving quality tourism to tourists, sharing camaraderie and cooperation in times of crises, which would challenge the booming tourism industry in Southeast Asia.
Enmeshed in increasing interconnections of trade and travel of people in Southeast Asia and the world, in case of unanticipated financial crisis, emerging industries like tourism services would indeed be affected. Prescriptions are made such as massive bailouts from developed economies, which have also affected least developed countries, but still, T&T will survive and continuously will grow. Consequently, the increase in economic activities due to tourism investments in Southeast Asia’s tourist spots have served well to the escalation of construction services and direct employment in tourism services.
As more and more people from different societies and cultures come into contact with one another. National barriers are breaking down and new formation of geopolitics is moving on because of new developments and events in the world. This has been coupled with the lifting of travel restrictions in many parts of the world, such as in the case of ASEAN’s implementation of a visa-free policy among its member states.
In terms of natural and man-made disasters, most experts today advocate a comprehensive “all hazards” approach to emergency preparedness. The need for contingency plans that take into account potential natural, technological, and man-made threats to the advancement of well-deserved tourism services. These well-thought contingencies for tourism safety and security can ultimately help save lives, reduce property loss, as well as lessen the region’s tourism industry’s potential liability.
To contain the challenges of climate change in the region, ASEAN countries must encourage researchers and scientists to conduct further biological study or inventory of wildlife resources to serve as basis in the formulation of sound management policies for conservation and sustainable resource utilization. Southeast Asia’s biological megadiversity is very high in terms of species richness, ecosystem and biodiversity. It is also recommended that more protected areas should be safeguarded in the region and enforce rigid national or local environmental laws.
On the other hand, in terms of opportunities, the popularity of ecotourism and ethnic tourism around the region, attest that there are alternative and common tourism programs that these ten-countries of the ASEAN can offer, aside from its famed heterogeneous culture and cuisines.
A good tourism development plan must preserve the overall quality of the environment and tourist resources that will allow them to be used in the future. The planning and management of tourist development must not trigger serious ecological or socio-cultural problems. The attraction of area should be maintained to continue the level of tourist satisfaction that will sustain commercial potential of the area and ultimately benefiting all the members of the community. It is therefore imperative that with increasing activities on various tourist destinations will require the cooperation of all stakeholders in the community.
To promote bird watching in the region, Important Bird Areas (IBAs) must be thoroughly identified first since there are abundant bird species in Southeast Asia. To endorse bird watching as additive ecotourism promotion and product development. At the same time, killing migratory birds and endangered bird species must be stopped. Lastly, to conduct reforestation activities to promote biodiversity since birds are also used as good indicators of environmental health and biodiversity.
Nevertheless, despite MT’s emergence there seems to be a problem on alleviating it through proper policy-making. First, the healthcare industry has some inherent drawbacks. It lacks standardization in medical care and cost, insufficient regulatory mechanism, and infrastructural bottlenecks or poor medical insurance coverage. The immediate need is the establishment of health and tourism players’ consortium to discuss about all issues and maintain closer interaction and coordination to develop medical tourism in the region – another growth engine for investments.
Furthermore, in promoting the ASEAN tourism, a new brand has been dubbed for the entire region as “Asia’s Perfect Ten Paradise”. Thus far, the outlook of the region’s tourism share in the world tourism industry must be given more attention to attract numerous tourists worldwide.
The region is now at the crossroads of achieving higher tourism receipts since some countries are competitively outsourcing tourists and travelers to come to its specific countries. There is still a need to upgrade airports and seaports to meet international standards and compete globally. There is a need to continuously safeguard major tourist attractions from environmental degradation, discover more potentially attractive tourist sites, and market tourist destinations in other untapped countries should be opened up.
According to the World Trade Organization (WTO), sustainable tourism development should prepare from the cyclical threats and meet the needs while protecting and enhancing opportunities for the future enrichment of countries within Southeast Asia.
Hence, we can expect an increasing and/or decreasing rate of tourist visits into the region unless certain policies pertaining with those threats and opportunities must be talked about and realized. As this trend continues, several transformations are likely to occur in the cultures of the region. This time, however, the peoples of Southeast Asia have the choice of what course of change to take in. They also have the choice of what type of tourism programs to encourage and implement.
Obviously, there are more questions than answers on the threats and opportunities in the tourism industry in the ASEAN region. It is hoped that this paper will pave way for other students and scholars of tourism to pursue similar researches on the safety and security of tourism and its related fields.
References
Budiwanti, E., (2002). Culture and Globalization and the Maintenance of Local Identity: A Case Study of the Wetu Sasak, West Nusa Tenggara, Indonesia, in Aguilar, Carmencita, ed. Political Culture and Globalization, pp.181-187, Quezon City, Philippines.
Cabalza, C., (2006). The State of Regional Tourism in Southeast Asia, paper presentation, 2nd Graduate Students' Conference, Asian Center, University of the Philippines.
Din, Abdul K., and Razak, Abdul T., (2005). Tourism in Southeast Asia: Local, Regional and Cross-cultural perspective, Ohio University (conference sponsored Center for International Studies).
Edmons, J., and Leposky, G., (2004). Ecotourism and Sustainable Tourism Development in Southeast Asia, Florida: Florida International University Press.
Mishev, P. and Milkana M., (2008). Climate Change Impacts on Tourism, International Conference on Global Environmental Change: Challenges to Science and Society,” 19-21 May 2008, Sofia, Bulgaria, http://global-change.meteo.bg/conference_en.htm
Vorobieva, L., (2002). International Co-operation in the Fight Against Terrorism, in Noor, E., and Hassan, M., (eds.), Terrorism: Perspective for the Asia Pacific. 11th Meeting of the CSCAP Working Group on Comprehensive and Co-operative Security, Malaysia: Institute of Strategic and International Studies (ISIS).
Wood, R., (1997). Tourism and the State: Ethnic Options and Construction of Otherness, in Picard, M. and Wood, R., (eds.), Tourism, Ethnicity, and the State in Asian and Pacific Societies, Honolulu, University of Hawaii.
Websites
ASEAN Tourism, http://www.asean-tourism.com
Philippine Daily Inquirer, http://www.inq7.net
Medical Tourism, http://en.wikipedia.org/wiki/Medical_tourism
World Wildlife Fund, http://www.worldwildlife.org
World Travel and tourism Council, http://www.wttc.org
Tuesday, December 1, 2009
Corazon Aquino vs Luis Beltran
Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!
Corazon Aquino vs Luis Beltran
En Banc Resolution
October 22, 1991
Facts:
February 11, 1991 was no ordinary day for the Regional Trial Court of Manila, particularly branch 35 thereof. Calendared for hearing that day was Criminal Case No. 88-61915, entitled "People of the Philippines vs. Luis Beltran," and scheduled to testify for the prosecution was no less than Her Excellency, President Corazon Aquino.
Upon prior permission sought and obtained by Presiding Judge Ramon Makasiar, the hearing was held at the session hall of the Manila City Council to accommodate the large audience. The proceedings were telecast live by several television stations, Judge Makasiar having granted on February 7, 1991 the request of Ms. Ida F. Vargas of the Presidential Broadcast Staff to televise the proceedings in said case.
The day after the trial, Sectoral Representative Arturo A. Borjal wrote Justice Marcelo B. Fernan lamenting the live coverage by several television stations of the court proceedings. In his letter, Borjal stated that, “in the United States and other democratic countries, live TV and radio coverage is strictly prohibited under their Rules of Court. For such practice tends to undermine the integrity of and decorum in judicial proceedings.”
On February 14, 1991, the Supreme Court En Banc required Judge Makasiar to comment on the letter of Congressman Borjal. Complying therewith, Judge Makasiar stated at the outset that "he had never asked, invited or requested any media man whether print, broadcast, or telecast, to cover the Court's proceedings." When a representative from Malacañang sought permission to televise the proceedings, he granted the request on the condition "that only the usual video footages would be taken of the proceedings for news purposes." It turned out that the entire proceedings was telecast live to the public.
Nonetheless, Judge Makasiar remarked that he "was not aware of any law, rule of court, or Supreme Court decision, guideline or declared policy, vis-à-vis, the live TV and radio coverage of court trials. However, sections 4, 7 and 14 (2) of the Bill of Rights (Article III) of the 1987 Constitution guarantee the freedom of speech, of expression, and of the press; the right of the people to information on matters of public concern; and the right of the accused to public trial, respectively. The implied suggestion of Congressman Borjal to ban live TV and radio coverage of court trials may be offensive to these constitutional freedoms and rights."
He further observed that "the justice system in the Philippines cannot be compared with that of the United States which adopts the jury system. Members of the jury are laymen, some of whom with low education, and therefore easily influenced by emotion, sentiments, comments of other people, and other human frailties. In the Philippines, justice is administered by judges who are learned in the law of evidence, and are constitutionally mandated to state clearly and distinctly the facts and the law on which their pronouncements and judgment are based."
Issue:
Whether live coverage by several television stations be allowed in court proceedings?
Held:
The records of the Constitutional Commission are bereft of discussion regarding the subject of cameras in the courtroom. Similarly, Philippine courts have not had the opportunity to rule on the questions squarely.
Courts do not discriminate against radio and television media by forbidding the broadcasting or televising of a trial while permitting the newspaper reporter access to the courtroom, since a television or news reporter has the same privilege, as the news reporter is not permitted to bring his typewriter or printing press into the courtroom.
Representatives of the press have no special standing to apply for a writ of mandate to compel a court to permit them to attend a trial, since within the courtroom a reporter's constitutional rights are no greater than those of any other member of the public. massive intrusion of representatives of the news media into the trial itself can also alter or destroy the constitutionally necessary judicial atmosphere and decorum that the requirements impartiality imposed by due process of law are denied the defendant and a defendant in a criminal proceeding should not be forced to run a gauntlet of reporters and photographers each time he enters or leaves the courtroom.
Considering the prejudice it poses to the defendant's right to due process as well as to the fair and orderly administration of justice and considering further that the freedom of the press and the right of the people to information may be served and satisfied by less distracting, degrading and prejudicial means, live radio and television coverage of court proceedings shall not be allowed. Video footages of court hearings for news purposes shall be restricted and limited to shots of the courtroom, the judicial officers, the parties and their counsel taken prior to the commencement of official proceedings. No video shots or photographs shall be permitted during the trial proper.
ACCORDINGLY, in order to protect the parties' right to due process, to prevent the distraction of the participants in the proceedings and in the last analysis, to avoid miscarriage of justice, the Court Resolved to PROHIBIT live radio and television coverage of court proceedings. Video footages of court hearings for news purposes shall be limited and restricted as above indicated.
Corazon Aquino vs Luis Beltran
En Banc Resolution
October 22, 1991
Facts:
February 11, 1991 was no ordinary day for the Regional Trial Court of Manila, particularly branch 35 thereof. Calendared for hearing that day was Criminal Case No. 88-61915, entitled "People of the Philippines vs. Luis Beltran," and scheduled to testify for the prosecution was no less than Her Excellency, President Corazon Aquino.
Upon prior permission sought and obtained by Presiding Judge Ramon Makasiar, the hearing was held at the session hall of the Manila City Council to accommodate the large audience. The proceedings were telecast live by several television stations, Judge Makasiar having granted on February 7, 1991 the request of Ms. Ida F. Vargas of the Presidential Broadcast Staff to televise the proceedings in said case.
The day after the trial, Sectoral Representative Arturo A. Borjal wrote Justice Marcelo B. Fernan lamenting the live coverage by several television stations of the court proceedings. In his letter, Borjal stated that, “in the United States and other democratic countries, live TV and radio coverage is strictly prohibited under their Rules of Court. For such practice tends to undermine the integrity of and decorum in judicial proceedings.”
On February 14, 1991, the Supreme Court En Banc required Judge Makasiar to comment on the letter of Congressman Borjal. Complying therewith, Judge Makasiar stated at the outset that "he had never asked, invited or requested any media man whether print, broadcast, or telecast, to cover the Court's proceedings." When a representative from Malacañang sought permission to televise the proceedings, he granted the request on the condition "that only the usual video footages would be taken of the proceedings for news purposes." It turned out that the entire proceedings was telecast live to the public.
Nonetheless, Judge Makasiar remarked that he "was not aware of any law, rule of court, or Supreme Court decision, guideline or declared policy, vis-à-vis, the live TV and radio coverage of court trials. However, sections 4, 7 and 14 (2) of the Bill of Rights (Article III) of the 1987 Constitution guarantee the freedom of speech, of expression, and of the press; the right of the people to information on matters of public concern; and the right of the accused to public trial, respectively. The implied suggestion of Congressman Borjal to ban live TV and radio coverage of court trials may be offensive to these constitutional freedoms and rights."
He further observed that "the justice system in the Philippines cannot be compared with that of the United States which adopts the jury system. Members of the jury are laymen, some of whom with low education, and therefore easily influenced by emotion, sentiments, comments of other people, and other human frailties. In the Philippines, justice is administered by judges who are learned in the law of evidence, and are constitutionally mandated to state clearly and distinctly the facts and the law on which their pronouncements and judgment are based."
Issue:
Whether live coverage by several television stations be allowed in court proceedings?
Held:
The records of the Constitutional Commission are bereft of discussion regarding the subject of cameras in the courtroom. Similarly, Philippine courts have not had the opportunity to rule on the questions squarely.
Courts do not discriminate against radio and television media by forbidding the broadcasting or televising of a trial while permitting the newspaper reporter access to the courtroom, since a television or news reporter has the same privilege, as the news reporter is not permitted to bring his typewriter or printing press into the courtroom.
Representatives of the press have no special standing to apply for a writ of mandate to compel a court to permit them to attend a trial, since within the courtroom a reporter's constitutional rights are no greater than those of any other member of the public. massive intrusion of representatives of the news media into the trial itself can also alter or destroy the constitutionally necessary judicial atmosphere and decorum that the requirements impartiality imposed by due process of law are denied the defendant and a defendant in a criminal proceeding should not be forced to run a gauntlet of reporters and photographers each time he enters or leaves the courtroom.
Considering the prejudice it poses to the defendant's right to due process as well as to the fair and orderly administration of justice and considering further that the freedom of the press and the right of the people to information may be served and satisfied by less distracting, degrading and prejudicial means, live radio and television coverage of court proceedings shall not be allowed. Video footages of court hearings for news purposes shall be restricted and limited to shots of the courtroom, the judicial officers, the parties and their counsel taken prior to the commencement of official proceedings. No video shots or photographs shall be permitted during the trial proper.
ACCORDINGLY, in order to protect the parties' right to due process, to prevent the distraction of the participants in the proceedings and in the last analysis, to avoid miscarriage of justice, the Court Resolved to PROHIBIT live radio and television coverage of court proceedings. Video footages of court hearings for news purposes shall be limited and restricted as above indicated.
Estrada vs Desierto
Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!
Estrada vs Desierto
SCRA 108
April 3, 2001
Facts:
Petitioner insists he is the victim of prejudicial publicity. Among others, he assails the Decision for adverting to newspaper accounts of the events and occurrences to reach the conclusion that he has resigned. In our Decision, we used the totality test to arrive at the conclusion that petitioner has resigned. We referred to and analyzed events that were prior, contemporaneous and posterior to the oath-taking of respondent Arroyo as president. All these events are facts which are well-established and cannot be refuted.
On January 20, 2001 contemporaneous to the oath taking of respondent Arroyo. We used the Angara Diary to decipher the intent to resign on the part of the petitioner. Let it be emphasized that it is not unusual for courts to distill a person’s subjective intent from the evidence before them. Everyday, courts ascertain intent in criminal cases, in civil law cases involving last wills and testaments, in commercial cases involving contracts and in other similar cases. As will be discussed below, the use of the Angara Diary is not prohibited by the hearsay rule. Petitioner may disagree with some of the inferences arrived at by the Court from the facts narrated in the Diary but that does not make the Diary inadmissible as evidence.
Issue:
Whether petitioner can invoke res ipso loquitur rule to resolve the issue of prejudicial publicity?
Held:
Petitioner pleads that we apply the doctrine of res ipsa loquitur (the thing or the transaction speaks for itself) to support his argument. Under the res ipsa loquitur rule in its broad sense, the fact of the occurrence of an injury, taken with the surrounding circumstances, may permit an inference or raise a presumption of negligence, or make out a plaintiff’s prima facie case, and present a question of fact for defendant to meet with an explanation. It is not a rule of substantive law but more a procedural rule. Its mere invocation does not exempt the plaintiff with the requirement of proof to prove negligence. It merely allows the plaintiff to present along with the proof of the accident, enough of the attending circumstances to invoke the doctrine, creating an inference or presumption of negligence and to thereby place on the defendant the burden of going forward with the proof.
We hold that it is inappropriate to apply the rule on res ipsa loquitur, a rule usually applied only in tort cases, to the cases at bar. Indeed, there is no court in the whole world that has applied the res ipsa loquitur rule to resolve the issue of prejudicial publicity. We again stress that the issue before us is whether the alleged pervasive publicity of the cases against the petitioner has prejudiced the minds of the members of the panel of investigators. We reiterate the test we laid down in People v. Teehankee, to resolve this issue, viz:
“The court cannot sustain appellant’s claim that he was denied the right to impartial trial due to prejudicial publicity. It is true that the print and broadcast media gave the case at bar pervasive publicity, just like all high profile and high stake criminal trials. Then and now, we rule that the right of an accused to a fair trial is not incompatible to a free press. To be sure, responsible reporting enhances an accused’s right to a fair trial for, as well pointed out , a responsible press has always been regarded as the handmaiden of effective judicial administration, especially in the criminal field. The press does not simply publish information about trials but guards against the miscarriage of justice by subjecting the police, prosecutors, and judicial processes to extensive public scrutiny and criticism.
Estrada vs Desierto
SCRA 108
April 3, 2001
Facts:
Petitioner insists he is the victim of prejudicial publicity. Among others, he assails the Decision for adverting to newspaper accounts of the events and occurrences to reach the conclusion that he has resigned. In our Decision, we used the totality test to arrive at the conclusion that petitioner has resigned. We referred to and analyzed events that were prior, contemporaneous and posterior to the oath-taking of respondent Arroyo as president. All these events are facts which are well-established and cannot be refuted.
On January 20, 2001 contemporaneous to the oath taking of respondent Arroyo. We used the Angara Diary to decipher the intent to resign on the part of the petitioner. Let it be emphasized that it is not unusual for courts to distill a person’s subjective intent from the evidence before them. Everyday, courts ascertain intent in criminal cases, in civil law cases involving last wills and testaments, in commercial cases involving contracts and in other similar cases. As will be discussed below, the use of the Angara Diary is not prohibited by the hearsay rule. Petitioner may disagree with some of the inferences arrived at by the Court from the facts narrated in the Diary but that does not make the Diary inadmissible as evidence.
Issue:
Whether petitioner can invoke res ipso loquitur rule to resolve the issue of prejudicial publicity?
Held:
Petitioner pleads that we apply the doctrine of res ipsa loquitur (the thing or the transaction speaks for itself) to support his argument. Under the res ipsa loquitur rule in its broad sense, the fact of the occurrence of an injury, taken with the surrounding circumstances, may permit an inference or raise a presumption of negligence, or make out a plaintiff’s prima facie case, and present a question of fact for defendant to meet with an explanation. It is not a rule of substantive law but more a procedural rule. Its mere invocation does not exempt the plaintiff with the requirement of proof to prove negligence. It merely allows the plaintiff to present along with the proof of the accident, enough of the attending circumstances to invoke the doctrine, creating an inference or presumption of negligence and to thereby place on the defendant the burden of going forward with the proof.
We hold that it is inappropriate to apply the rule on res ipsa loquitur, a rule usually applied only in tort cases, to the cases at bar. Indeed, there is no court in the whole world that has applied the res ipsa loquitur rule to resolve the issue of prejudicial publicity. We again stress that the issue before us is whether the alleged pervasive publicity of the cases against the petitioner has prejudiced the minds of the members of the panel of investigators. We reiterate the test we laid down in People v. Teehankee, to resolve this issue, viz:
“The court cannot sustain appellant’s claim that he was denied the right to impartial trial due to prejudicial publicity. It is true that the print and broadcast media gave the case at bar pervasive publicity, just like all high profile and high stake criminal trials. Then and now, we rule that the right of an accused to a fair trial is not incompatible to a free press. To be sure, responsible reporting enhances an accused’s right to a fair trial for, as well pointed out , a responsible press has always been regarded as the handmaiden of effective judicial administration, especially in the criminal field. The press does not simply publish information about trials but guards against the miscarriage of justice by subjecting the police, prosecutors, and judicial processes to extensive public scrutiny and criticism.
Thursday, November 26, 2009
Branding Southeast Asia Tourism
Copyright © 2009 by Chester B Cabalza (Abstract). All Rights Reserved.
Tourism is known to be the world’s largest industry to date especially in the age of globalization. The positive side of promoting the Association of Southeast Asian Nations (ASEAN) as a single destination would mean a stronger cooperation and higher tourism receipts for the organization. In the renaissance of tourism industry in the region, ten-member countries of ASEAN are selling its tourist destinations like “brands” to the world. Massively advertising these hot items to all forms of local and international communications using tri-media and the internet to capture western as well as wealthy neighboring Northeast Asian tourists. This is to recognize that ASEAN tourism receipts are equivalent to almost ten percent of exports and five percent of regional economic activity. The paper shall also explore the varying threats like the current global economic meltdown, the inevitable effects of man-made and natural disasters such as terrorism and catastrophes, and the challenges of climate change as major problems to the tourism industry in the region. It eyes the benefits of ecotourism and ethnic tourism, the prominence of bird tourism, and the burgeoning market of medical tourism as examples of opportunities. The paper shall use data mining from secondary sources like scholarly books and journals, and the internet as references for the research. Based from this method, textual analysis and critical examination shall be drawn from to substantiate empirical data and guided by multi-disciplinal frameworks.
Tourism is known to be the world’s largest industry to date especially in the age of globalization. The positive side of promoting the Association of Southeast Asian Nations (ASEAN) as a single destination would mean a stronger cooperation and higher tourism receipts for the organization. In the renaissance of tourism industry in the region, ten-member countries of ASEAN are selling its tourist destinations like “brands” to the world. Massively advertising these hot items to all forms of local and international communications using tri-media and the internet to capture western as well as wealthy neighboring Northeast Asian tourists. This is to recognize that ASEAN tourism receipts are equivalent to almost ten percent of exports and five percent of regional economic activity. The paper shall also explore the varying threats like the current global economic meltdown, the inevitable effects of man-made and natural disasters such as terrorism and catastrophes, and the challenges of climate change as major problems to the tourism industry in the region. It eyes the benefits of ecotourism and ethnic tourism, the prominence of bird tourism, and the burgeoning market of medical tourism as examples of opportunities. The paper shall use data mining from secondary sources like scholarly books and journals, and the internet as references for the research. Based from this method, textual analysis and critical examination shall be drawn from to substantiate empirical data and guided by multi-disciplinal frameworks.
Samson vs Judge Caballero
Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!
Samson vs Judge Caballero
August 5, 2009
A.M. RTJ-08-3128
Facts:
This is an administrative complaint for dishonesty and falsification of a public document against respondent Judge Virgilio G. Caballero, Regional Trial Court (RTC), Branch 30, Cabanatuan City, Nueva Ecija.
Complainant Olga M. Samson alleged that respondent Judge Virgilio G. Caballero should not have been appointed to the judiciary for lack of the constitutional qualifications of proven competence, integrity, probity and independence, and for violating the Rules of the Judicial and Bar Council (JBC) which disqualifies from nomination any applicant for judgeship with a pending administrative case.
According to the complainant, respondent, during his JBC interviews, deliberately concealed the fact that he had pending administrative charges against him. She disclosed that, on behalf of Community Rural Bank of Guimba (Nueva Ecija), Inc., she had filed criminal and administrative charges for grave abuse of authority, conduct prejudicial to the best interest of the service and violation of Article 208 of the Revised Penal Code against respondent in the Office of the Ombudsman on July 23, 2003.
At that time a public prosecutor, respondent allegedly committed certain improprieties and exceeded his powers by overruling the Secretary of Justice in a reinvestigation he conducted.
Held:
On March 24, 2004, the Ombudsman dismissed the charges. It also denied the complainant’s motion for reconsideration. Thereafter, the complainant filed a petition for review on October 28, 2004 in the Court of Appeals (CA). In a decision dated November 25, 2005, the appellate court held that it could not take cognizance of the criminal charges against respondent on the ground that all appeals from the decisions of the Office of the Ombudsman pertaining to criminal cases should be taken to the Supreme Court by way of a petition for certiorari. As to the administrative aspect, the CA reversed and set aside the decision and joint order of the Ombudsman dismissing the charges against respondent. The CA then directed Ombudsman to file and prosecute the administrative charges against respondent.
However, in any of the foregoing instances, the administrative case shall also be considered a disciplinary action against the respondent justice, judge or court official concerned as a member of the Bar. The respondent may forthwith be required to comment on the complaint and show cause why he should not also be suspended, disbarred or otherwise disciplinary sanctioned as a member of the Bar. Judgment in both respects may be incorporated in one decision or resolution. (Emphasis supplied)
Before the Court approved this resolution, administrative and disbarment cases against members of the bar who were likewise members of the court were treated separately. However, pursuant to the new rule, an administrative case against a judge of a regular court based on grounds which are also grounds for the disciplinary action against members of the Bar shall be automatically considered as disciplinary proceedings against such judge as a member of the Bar.
The first step towards the successful implementation of the Court’s relentless drive to purge the judiciary of morally unfit members, officials and personnel necessitates the imposition of a rigid set of rules of conduct on judges. The Court is extraordinarily strict with judges because, being the visible representation of the law, they should set a good example to the bench, bar and students of the law. The standard of integrity imposed on them is – and should be – higher than that of the average person for it is their integrity that gives them the right to judge.
WHEREFORE, we find respondent Judge Virgilio G. Caballero of the Regional Trial Court, Branch 30, Cabanatuan City, GUILTY of dishonesty and falsification of an official document. He is ordered DISMISSED from the service, with forfeiture of all benefits and privileges, except accrued leave credits, if any, with prejudice to reemployment in any branch or instrumentality of the government, including government-owned or controlled corporations.
Respondent is likewise DISBARRED for violation of Canons 1 and 11 and Rules 1.01 and 10.01 of the Code of Professional Responsibility and his name STRICKEN from the Roll of Attorneys.
Samson vs Judge Caballero
August 5, 2009
A.M. RTJ-08-3128
Facts:
This is an administrative complaint for dishonesty and falsification of a public document against respondent Judge Virgilio G. Caballero, Regional Trial Court (RTC), Branch 30, Cabanatuan City, Nueva Ecija.
Complainant Olga M. Samson alleged that respondent Judge Virgilio G. Caballero should not have been appointed to the judiciary for lack of the constitutional qualifications of proven competence, integrity, probity and independence, and for violating the Rules of the Judicial and Bar Council (JBC) which disqualifies from nomination any applicant for judgeship with a pending administrative case.
According to the complainant, respondent, during his JBC interviews, deliberately concealed the fact that he had pending administrative charges against him. She disclosed that, on behalf of Community Rural Bank of Guimba (Nueva Ecija), Inc., she had filed criminal and administrative charges for grave abuse of authority, conduct prejudicial to the best interest of the service and violation of Article 208 of the Revised Penal Code against respondent in the Office of the Ombudsman on July 23, 2003.
At that time a public prosecutor, respondent allegedly committed certain improprieties and exceeded his powers by overruling the Secretary of Justice in a reinvestigation he conducted.
Held:
On March 24, 2004, the Ombudsman dismissed the charges. It also denied the complainant’s motion for reconsideration. Thereafter, the complainant filed a petition for review on October 28, 2004 in the Court of Appeals (CA). In a decision dated November 25, 2005, the appellate court held that it could not take cognizance of the criminal charges against respondent on the ground that all appeals from the decisions of the Office of the Ombudsman pertaining to criminal cases should be taken to the Supreme Court by way of a petition for certiorari. As to the administrative aspect, the CA reversed and set aside the decision and joint order of the Ombudsman dismissing the charges against respondent. The CA then directed Ombudsman to file and prosecute the administrative charges against respondent.
However, in any of the foregoing instances, the administrative case shall also be considered a disciplinary action against the respondent justice, judge or court official concerned as a member of the Bar. The respondent may forthwith be required to comment on the complaint and show cause why he should not also be suspended, disbarred or otherwise disciplinary sanctioned as a member of the Bar. Judgment in both respects may be incorporated in one decision or resolution. (Emphasis supplied)
Before the Court approved this resolution, administrative and disbarment cases against members of the bar who were likewise members of the court were treated separately. However, pursuant to the new rule, an administrative case against a judge of a regular court based on grounds which are also grounds for the disciplinary action against members of the Bar shall be automatically considered as disciplinary proceedings against such judge as a member of the Bar.
The first step towards the successful implementation of the Court’s relentless drive to purge the judiciary of morally unfit members, officials and personnel necessitates the imposition of a rigid set of rules of conduct on judges. The Court is extraordinarily strict with judges because, being the visible representation of the law, they should set a good example to the bench, bar and students of the law. The standard of integrity imposed on them is – and should be – higher than that of the average person for it is their integrity that gives them the right to judge.
WHEREFORE, we find respondent Judge Virgilio G. Caballero of the Regional Trial Court, Branch 30, Cabanatuan City, GUILTY of dishonesty and falsification of an official document. He is ordered DISMISSED from the service, with forfeiture of all benefits and privileges, except accrued leave credits, if any, with prejudice to reemployment in any branch or instrumentality of the government, including government-owned or controlled corporations.
Respondent is likewise DISBARRED for violation of Canons 1 and 11 and Rules 1.01 and 10.01 of the Code of Professional Responsibility and his name STRICKEN from the Roll of Attorneys.
Prosecutor Reyes vs Judge
Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!
Prosecutor Reyes vs Judge
A.M. No. MTJ-06-1623
September 18, 2009
Gross ignorance of the law. Judge Reyes is discharged from the service for gross ignorance of the law and conduct unbecoming of a judge.
Facts:
Five administrative cases against Judge Julia A. Reyes (Judge Reyes), Presiding Judge of the Metropolitan Trial Court (MeTC) of Pasig City, Branch 69 and one administrative case which Judge Reyes filed against her Branch Clerk of Court Timoteo Migriño were consolidated and referred to Justice Romulo S. Quimbo, consultant of the Office of the Court Administrator (OCA), for investigation, report and recommendation, by this Court’s Resolutions of September 28, 2005 and December 12, 2007.
By letter-complaint of October 26, 2004, Assistant City Prosecutor Romana Reyes (Prosecutor Reyes), the public prosecutor assigned to Branch 69, charged Judge Reyes with grave abuse of authority and/or grave misconduct.
On October 1, 2004 at past 6:00 p.m., Prosecutor Reyes accidentally met Judge Reyes at the office of Police Inspector Jovita V. Icuin (Inspector Icuin), the Chief of the Criminal Investigation Branch of the Pasig City Police Station. Judge Reyes was there to inquire about her Branch Clerk of Court Timoteo Migriño (Migriño) who was earlier arrested for alleged violation of Presidential Decree No. 1602 or the Anti-Gambling Law. When Judge Reyes was informed that Migriño was already released on orders of Judge Jose Morallos, Judge Reyes asked Prosecutor Reyes to conduct an inquest against Migriño for malversation on the basis of a photocopy of an affidavit of a certain Ariel Nuestro, purportedly executed and sworn to before Judge Reyes on September 15, 2004.
Prosecutor Reyes informed Judge Reyes that the case of malversation may not necessarily fall under Section 5, Rule 113 of the Rules of Court on Arrest without Warrant and thus cannot be the subject of inquest. Prosecutor Reyes explained that inquest could not be conducted as it was already past 6:00 p.m. whereas inquest proceedings could be conducted only until 6:00 p.m. unless authorized by the City Prosecutor. She added that since the crime was allegedly committed in 2003, Migriño would have to undergo preliminary investigation.
On December 13, 2004, Prosecutor Reyes wrote another letter to the OCA charging Judge Reyes with Violation of the Code of Judicial Conduct, Knowingly Rendering an Unjust Judgment or Order, and Gross Ignorance of the Law or Procedure.
Prosecutor Reyes vs Judge
A.M. No. MTJ-06-1623
September 18, 2009
Gross ignorance of the law. Judge Reyes is discharged from the service for gross ignorance of the law and conduct unbecoming of a judge.
Facts:
Five administrative cases against Judge Julia A. Reyes (Judge Reyes), Presiding Judge of the Metropolitan Trial Court (MeTC) of Pasig City, Branch 69 and one administrative case which Judge Reyes filed against her Branch Clerk of Court Timoteo Migriño were consolidated and referred to Justice Romulo S. Quimbo, consultant of the Office of the Court Administrator (OCA), for investigation, report and recommendation, by this Court’s Resolutions of September 28, 2005 and December 12, 2007.
By letter-complaint of October 26, 2004, Assistant City Prosecutor Romana Reyes (Prosecutor Reyes), the public prosecutor assigned to Branch 69, charged Judge Reyes with grave abuse of authority and/or grave misconduct.
On October 1, 2004 at past 6:00 p.m., Prosecutor Reyes accidentally met Judge Reyes at the office of Police Inspector Jovita V. Icuin (Inspector Icuin), the Chief of the Criminal Investigation Branch of the Pasig City Police Station. Judge Reyes was there to inquire about her Branch Clerk of Court Timoteo Migriño (Migriño) who was earlier arrested for alleged violation of Presidential Decree No. 1602 or the Anti-Gambling Law. When Judge Reyes was informed that Migriño was already released on orders of Judge Jose Morallos, Judge Reyes asked Prosecutor Reyes to conduct an inquest against Migriño for malversation on the basis of a photocopy of an affidavit of a certain Ariel Nuestro, purportedly executed and sworn to before Judge Reyes on September 15, 2004.
Prosecutor Reyes informed Judge Reyes that the case of malversation may not necessarily fall under Section 5, Rule 113 of the Rules of Court on Arrest without Warrant and thus cannot be the subject of inquest. Prosecutor Reyes explained that inquest could not be conducted as it was already past 6:00 p.m. whereas inquest proceedings could be conducted only until 6:00 p.m. unless authorized by the City Prosecutor. She added that since the crime was allegedly committed in 2003, Migriño would have to undergo preliminary investigation.
On December 13, 2004, Prosecutor Reyes wrote another letter to the OCA charging Judge Reyes with Violation of the Code of Judicial Conduct, Knowingly Rendering an Unjust Judgment or Order, and Gross Ignorance of the Law or Procedure.
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