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No Hard Rules
By Michael Alan Hamlin
January 27, 2004

In a widely reported meeting with business leaders last week, presidential candidate Fernando Poe Jr. - Allan Kelley Poe in real life - told a select group of elite businesspeople that he would end corruption and make bureaucracy transparent in his first 100 days in office. If Poe - who leads the surveys in the presidential derby - winds up wielding that kind of political clout in his first 100 days it won't matter if he does anything else.

It won't matter because Poe will have somehow managed to do what many believe to be impossible, and what everyone views as chronic, fundamental institutional infirmities that have held the Philippines back since independence. Of course, the notion of anyone being able to end corruption and create a transparent bureaucracy in 100 days is absurd, and as empty a promise as one can imagine emanating from between a politician's slippery lips.

Yet Poe is not alone in his unbridled optimism. Business - or at least the business associations present for the meeting with Mr. Poe - are developing a plan for the first 100 days of the next administration, too. And that plan, they say, will jumpstart the economy, improve peace and order, create jobs, and alleviate poverty. "This is our way of working within the democratic system," said former finance secretary Jose Pardo of the plan. Pardo served in the government of displaced former president Joseph Estrada.

"Many of our problems have been here for the longest time," Pardo explained somewhat disingenuously. "What is really needed is effective implementation. It is our intention to shepherd all the way these badly needed reforms." Observers, naturally, can't be faulted for wondering what stopped Pardo and his other business friends from shepherding these badly needed reforms - whatever they turn out to be - "all the way" during the time he was a key figure in government.

Other key figures in the development of the plan are said to be Washington SyCip, the near legendary founder of SGV & Company, and Manuel V. Pangilinan, president of PLDT. Pardo's claim to business fame is tied to his Seven Eleven convenience store and Wendy's fast-food restaurant franchises. SyCip founded the first Asian regional accounting practice, and Pangilinan is the front man for Hong Kong-based First Pacific Group. All, incidentally, have thrived under present conditions, making their avowed aversion to the status quo at least somewhat curious.

But if these rainmakers and their friends are really serious, their concern shouldn't be the first 100 days of anyone's presidency, it should be what's going to happen over the next six years, which is sufficient time to make credible, "feel-able" headway in tackling the Philippines' myriad problems. If they truly care about the Philippines and its future, their plan should address issues that may actually negatively affect their businesses. Such issues could include reforms ranging from strengthening the rule of law to embracing competition and liberalization.

The sincerity of business leaders' self-professed wishes for reforms is frequently greeted with skepticism because what business wants has so frequently been situational. Yes, we want liberalization as long as it doesn't affect our business. Sure, rule of law is a good thing as long as I win. Certainly we want a strong president as long as he's my president. The fact is the reason there are no hard rules in the Philippines is because powerful interests aren't willing to pay the price they demand. Because the price involves the giving up - or at least the sharing - of economic power.

Ironically, the softness of the rules as they are was demonstrated last week by the attempts to prove that Poe isn't a natural born Filipino, and therefore doesn't qualify to run for president. The argument is that Poe is the illegitimate product of a union between a Spanish father and an American mother. Under the law when Poe was born and the Philippines was a US colony, illegitimate children took the citizenship of the father.

Aside from the uncomfortable reality that employing such a standard would likely leave a good many Filipinos suddenly stateless, what makes this whole attempt so alarming is precisely the willingness of powerful sectors to employ any means - and bend any rule - to get their way. And their way in this instance involves removing what little power the average Filipino actually has to determine his future.

The effort to use the Commission on Elections and the judiciary to strip Poe of his citizenship further illustrates this ritual. On the one hand, powerful interests insist they want an impartial, honest election overseer, but maybe not if the result is another actor-president. Business insists that rule of law must be strengthened, but why is it so weak in the first place? Who pays the bribes, after all, that have given us the judiciary we have?

Business - or those who claim to speak for business - is right when it says we need some hard rules. But do they really mean it?

(Michael Alan Hamlin is the managing director of consultancy TeamAsia and the author of three books on Asian economies and companies. His latest book is Marketing Asian Places, of which he is a co-author (Wiley, 2001), and he is currently at work on High Visibility: The Making and Marketing of Asian Professionals into Celebrities. Write him at mahamlin@teamasia.com.).

Copyright © 2003 Michael Alan Hamlin. All Rights Reserved.

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