Facilitating Public Investment Monthly Newsletter

January 2018

Philippines leads Asia in Budget IN THIS ISSUE Transparency Ranking With a score of 67 out of 100, Philippines the 2017 OBS, ranking first in Asian countries nabs the first spot on budget transparency ac- followed by Indonesia (64), Jordan (63), Japan cording to the latest Open Budget Survey. (60), and South Korea (60).

OBS is conducted every two years and uses “We’re very proud of what we’ve accom- 109 equally weighted indicators to evaluate plished to date. In surpassing our Asian neigh- budget transparency based on the amount and bors, we have further cemented our position timeliness of budget information governments as a global leader in Open Government. It make available to the public in a comprehensive encourages us to persevere, to do even bet- USAID supports Philippines’ Open Government and useful way, and whether the public is given ter, in the years ahead,” Budget Secretary initiatives (Page 3) opportunities "to participate in the budget pro- said in an official statement. cess at the national level." Worldwide, the Philippines ranks 19th Each country receives a composite score with an OBI score of 42 for 2017. (out of 100) that determines its ranking on the Open Budget Index (OBI), the world’s only inde- IBP, however, underscores that pendent and comparative measure of budget “transparency alone is insufficient in improving transparency. governance.” The level of public participation is another crucial indicator as it relates to From 64 out of 100 in 2015, Philippines government’s accountability to realize positive scored 67 out of 100 in budget transparency in outcomes on (continue reading on page 2…)

FPI conducts communications workshop for DOF submits CTRP Package 2 at BIR’s TRAIN implementation (Page 3) the Lower House The Department of Finance (DOF) has incentives aiming to make the Government’s formally submitted its version of the Duterte incentive scheme performance-based, targeted, Administration’s Comprehensive Tax Reform time-bound, and transparent. Program (CTRP) Package 2 at the Lower House in time for its resumption of second regular Finance Undersecretary sessions on January 15, 2018. said that this package will enable the Philippine Government “to ensure that incentives granted CTRP Package 2 centers on lowering the to businesses generate jobs, stimulate economy corporate income tax (CIT) from 30 percent to in the countryside, and promote research and Strengthening MSG Participation in Benguet 25 percent, and modernizing the investment tax development.” (continue reading on page 2…) small-scale mining sector (Page 5) USAID Facilitating Public Investment | Monthly Newsletter 1

PH leads Asia cont’d been the Government’s platform in espousing lion in forgone revenues; and local VAT at PhP budget transparency. good governance through the principles of trans- 36.96 billion, although part of this tax will even- parency, accountability, and civic participation tually be refunded for these were imposed on OBS measures public participation by as- since Philippines became one of its founding exporters. sessing the degree to which the government members in 2013. PH-OGP is currently imple- provides opportunities for the public to engage menting its 4th National Action Plan (2017-2019) Chua adds that the PhP 300-billion worth in budget processes and budget oversight by the which includes the legislation on access to infor- of incentives does not yet include the exemp- legislature and the Supreme Audit Institution mation with FOI as its benchmark program. tions from the payment of local business taxes (SAI). and the additional estimates on tax leakages. DBM’s participation on the FOI agenda The Philippines scored 41 out of 100 in widened through OGP’s regional dialogues and On the average, the DoF estimates that Public Participation and is over three times the multi-stakeholder consultations engaging civil about 2% of the Philippines’ GDP are forgone in global average of 12. Philippines is the lone society organizations, local government units, income tax and custom duties exemptions. ASEAN country to achieve a moderate score in national government agencies and other private Even with TIMTA in place, GPH needs to the category, sharing this distinction with New sector associations. These OGP activities aim to institutionalize a mechanism that will operation- Zealand, Australia, and the United Kingdom. engage various sectors in the discussion of the alize the findings that might emerge in monitor- national budget as well as the budget reforms ing ITI grants. For instance, the current practice Meanwhile, the Philippines holds a score of that are underway to improve public expendi- still does not allow the Government to access 65 for Budget Oversight, with the legislature and ture management. ### the Commission on Audit providing adequate substantial information on specific socioeconom- oversight over the budget. DOF submits cont’d ic benefits from these ITI grants. The DOF proposes amendments to TIM- With these notable achievements under Laying foundations for more effective and TA to make it a more efficient complementary the new Administration, Budget Secretary Di- efficient fiscal reforms okno emphasized that “the Department of Budg- law to the proposed CTRP Package 2 which aims et and Management (DBM) will continue to work To make the Philippines an “investment- to rationalize ITIs making these performance- with the legislature, [our] constitutional bodies, friendly country,” there have been laws institut- based, targeted, time-bound, and transparent. and [our] citizens to further enhance budget ed to provide significant fiscal incentives to at- DOF specifically seeks to include all tax openness in the public sector.” tract both domestic and international private incentives in the reporting, whether investment investors. Fiscal incentives include income tax or non-investment incentives; include in report- The Open Budget Survey uses internation- holiday, 5% tax gross income, VAT and customs ing all types of taxpayers, particularly coopera- ally-accepted criteria developed by multilateral duty exemptions. These incentives are granted tives; mandate the inclusion of all taxes in the organizations from sources such as the Interna- to registered business entities for specific activi- computation of tax expenditure, including value tional Monetary Fund (IMF), the Organisation for ties and are managed or regulated by at least 12 added tax and local taxes; mandate the submis- Economic Co-operation and Development investment promotion agencies (IPAs) that oper- sion of a more benefits data such as investments (OECD), the International Organisation of Su- ate independently from one another. Examples (both approved and actual), jobs created, export preme Audit Institutions (INTOSAI) and the are the Board of Investments (BOI), Philippine sales, and research and development (R&D) at Global Initiative for Fiscal Transparency (GIFT).. Economic Zone Authority (PEZA), and about 10 firm level; and mandate the Fiscal Incentives Re- other economic and free-port zone authorities. DBM, exemplifying transparency and ac- view Board (FIRB) to conduct cost-benefit analy- countability In 2015, the Tax Incentives Management sis in the future using all the comprehensive data gathered. Apart from ranking first in Asia for budget and Transparency Act (TIMTA) authored by then 3rd District Camarines Sur Representative, transparency, the DBM has also been recognized Anchored in transparency & accountability as the sole FOI Champion Department for its and now Vice President was outstanding commitment in ensuring transparen- signed into law to institutionalize fiscal transpar- DOF eyes to expand the function of the cy in public service on December 4, 2017 during ency and accountability in the grant and manage- FIRB to ensure that all the conditions are met by the 2017 Freedom of Information (FOI) Annual ment of tax incentives to business entities. TIM- business entities seeking to avail fiscal incentives. Awards. TA has put in place necessary measures to allow According to the proposed CTRP Package 2, a transparent flow of information for the Gov- FIRB will serve as the overall administrator of all The FOI program was launched on No- ernment to closely monitor and review inves- IPAs and incentives, giving FIRB the authority to vember 25, 2016, pursuant to Executive Order tors’ economic impact and certain that the ex- review IPA policy decisions and approve all IPA No. 2 which operationalizes the people’s consti- pected social benefits are met. grants of investment tax incentives. tutional right to public information. DBM is one of the 15 pilot agencies when the FOI program The Department of Finance (DoF) esti- An independent body or FIRB will be as- was launched, following the implementation of mates that the Government forgoes roughly PhP signed to measure business entities’ performance the eFOI platform. 300 billion annually through incentives enjoyed or track record in fulfilling the socio-economic by big businesses. This is a significant amount benefits that their businesses ought to bring to DBM’s FOI Team is composed of 58 FOI that the Government gives out for the sake of the country in exchange of the incentives they officers led by Undersecretary Lilia Guillermo. ostensibly “greater economic benefits.” enjoy. This performance-based assessment will Since the eFOI’s launch, DBM was among the be evaluated based on the actual job creation, Finance Undersecretary Chua further ex- top requested agencies in the portal. As of No- exports, countryside development, extent of plained that in 2015, income tax holidays and vember 2017, DBM has received and processed uses of modern technology, actual investment, special rates account for PhP 86.25 billion of the about 153 requests. and extent of research and development. revenue losses, while custom duty exemption DBM is also highly committed to the Phil- account for PhP 18.4 billion. Additionally, VAT Sunset provisions will be set in the grant of ippine Open Government Partnership which has exemptions on imports yielded PhP 159.82 bil- tax incentives to make the incentives scheme USAID Facilitating Public Investment | Monthly Newsletter 2

efficient and time-bound. For example, income tax holiday (ITH) incentives and/or reduced ITH rates will be limited to five years with no exten- sions, except for customs duty of capital equip- ment.

“Rather than provide incentives in perpe- tuity to only a select set of industries without any accountability, the government must address the more urgent concerns of modernizing infra- structure and investing in education and health to give all businesses, whether local or foreign, and whether large or small, a level playing field,” Undersecretary Chua underscored.

Package 2 also proposes to address the leakages and distortion in the tax system by granting incentives to specific businesses with significant positive externalities as specified in the strategic investments priority plan.

Amidst the criticisms CTRP Package 2 is getting from the business sector, the DOF as- serts that the reform is not about removing USAID supports Philippines’ Open incentives but rather improving the incentives scheme for fiscal sustainability. Government initiatives As a reform anchored in the Administra- The USAID, through its Facilitating Public Office of Economic Development and Govern- tion’s strong commitment on transparency and Investment (FPI) Project, continuously supports ance (OEDG) Deputy Director Jenna Diallo said accountability to the public, the FIRB will also be the Philippine Government in its efforts to en- that “USAID remains committed to supporting mandated to report the complete list of incen- gage more local government units in realizing the Philippine government in its resolve to tives beneficiaries and estimated tax incentives Open Government Partnership’s (OGP) initia- strengthen governance that nurtures inclusive they enjoy for closer monitoring. tives to realize transparency, accountability, and and sustainable growth.” “Incentives will remain to be granted, but citizen participation down to the subnational United States of America and the Philip- more judiciously this time so that there is a bet- level. pines are among the eight founding member ter balance between the investment and fiscal During the PH-OGP’s kick-off event in countries of the OGP in 2011. To date, OGP has sustainability goals. The DOF recognizes the role Bacolod City last January 30, 2018, USAID’s 75 member countries and continues to be a of incentives to encourage investments,” Usec. platform where governments and civil society Chua added. ### organizations (CSOs) have meaningful dialogues and collaborations that are geared towards de- FPI conducts a comms. workshop veloping policies anchored in the principles of transparency, accountability, and participatory

for BIR’s TRAIN implementation governance. USAID Facilitating Public Investment (FPI) and painting the current scenario from a 360- USAID began its work with the PH-OGP Project conducted a two-day communications degree perspective coming from BIR and key Secretariat under the Department of Budget and workshop titled “All Aboard: Getting BIR on- stakeholders, such as the DoF’s TRAIN campaign Management in 2014. USAID supported the PH- track for TRAIN” last January 17 and 18, 2018 at team, individual, and corporate taxpayers. Day 2 OGP in promoting diplomacy for its open gov- the Luxent Hotel, for the Bureau of was dedicated to the development of a ernment agenda by providing funding support for Internal Revenue’s (BIR) core communications Strengths, Weaknesses, Opportunities, and good governance dialogues, consultations, and team headed by the newly appointed Assistant Threats (SWOT) Analysis by looking back to workshops with CSOs and local government Commissioner for Client Support Service, Atty. BIR’s past communications and outreach activi- partners. In 2016, the Duterte Administration Teresita Angeles. ties on tax administration and collaboratively took office and continued the Philippines’ com- evaluating the outcomes that these activities had. mitment to the OGP international. In August The workshop was intended to create Lessons learned were highlighted and were used 2017, the Fourth OGP National Action Plan strategies to accelerate the internal adoption of to come up with recommendations. 2017-2019 was launched after a series of region- the newly enacted Tax Reform for Acceleration al dialogues nationwide with USAID’s support. and Inclusion (TRAIN) Law. The workshop was Part of FPI’s core mandate is to help the designed to primarily help BIR in managing and BIR to become a well-financed, modern, more “USAID shares the view that a governance realizing the new law’s provisions and intentions efficient and more effective tax administration path that is rooted in the principles of transpar- to all its stakeholders, particularly the public, the that has adopted internationally accepted princi- ency, accountability and citizen engagement will implementers, and the Government itself. ples of self-assessment, voluntary compliance and help the Philippines and member-states of transparency. Communications is a crucial aspect ASEAN become more effective and responsive The first day of the workshop was dedicat- of improving BIR’s service delivery to its stake- to the needs of the people they serve,” Diallo ed to creating a situational analysis by defining holders. ### added. USAID Facilitating Public Investment | Monthly Newsletter 3

Over 200 individuals from various CSOs, local government units, and national government agencies such as the Department of Health (DOH), PAGBIG Housing Mutual Development Fund, Office of the Cabinet Secretary (OCS), Office of Civil Defense (OCD), Commission on Higher Education (CHED), Presidential Commu- nications Operations Office (PCOO), Depart- ment of Interior and Local Government (DILG), Department of Budget and Management (DBM), Department of Finance (DOF), and Bureau of Internal Revenue (BIR) participated in the kick- off event at the SMX Convention Center from January 30 to 31, 2018. This will be followed by five more regional dialogues through March 2018 in five other key cities in the country (General Santos, Zamboanga, , Baguio, and Tacloban) as PH-OGP seeks to expand OGP CSO participants during an OGP breakout session. awareness and participation down to the local level. The USAID, through its Facilitating Public participatory governance, it is imperative for Investment (FPI) Project, has been supporting PH local stakeholders to be informed and consulted The two-day Open Government and Par- -EITI since 2015 by providing grants to select on public finance (i.e., revenue and expenditure), ticipatory Governance Regional Dialogues 2018 CSO counterparts to fund activities that will help particularly on the national budget and the Ad- is an inter-agency activity led by the DILG and further EITI awareness at the local level, and ministration’s Comprehensive Tax Reform Pro- DBM—the OGP secretariat, and the Caucus of empower mining-affected communities on in- gram (CTRP). Development NGO Networks (CODE-NGO)— formed negotiations and proper royalty and the OGP non-government secretariat, in coordi- resource management as they engage with firms. On December 19, 2017, the Tax Reform nation with the DOF and the Philippine Chamber USAID’s grant and non-grant (technical assis- for Acceleration and Inclusion (TRAIN) Package of Commerce and Industry (PCCI) for the Philip- tance) activities on the EITI implementation in 1 was signed into law as Republic Act (RA) pines Extractive Industries Transparency Initia- the Philippines is part of the PH-EITI session to 10963 or the TRAIN Act. This was also a prod- tive (PH-EITI) and the Tax Reform sessions. inform local players of the lessons learned in uct of a diligent consultation process through regional and provincial roadshows during its USAID’s support to PH-EITI localization previous projects as well as the possible collabo- rations and resources these local players can tap development stage since 2016. TRAIN Act cen- One of the major highlights of this year’s once they decide on adopting EITI to their local ters on redistributing the tax burden by adjusting OGP Regional Dialogues is the inclusion of an development agenda. The EITI sessions are facil- personal income tax (PIT) rates, and updating exclusive session on the Extractive Industries itated by the PH-EITI Secretariat and USAID- excise imposed on petroleum, automobiles, and Transparency Initiative which aims to promote FPI’s EITI Grants Coordinator Carlos Tulali. sugar sweetened beverages. While it is currently the transparency and accountability initiatives in in the early part of implementation this year, it is the extractive sector by engaging CSOs and local Tax reform and open government deemed important to continue awareness cam- government units in the EITI implementation. paigns on the law’s provisions and address con- DOF and PCCI’s Tax Reform caravan has cerns relating to it through regional dialogues EITI is a global standard that advances merged with this year’s Open Government and with stakeholders. open and accountable management of natural Participatory Governance Regional Dialogues led resources. It is geared towards strengthening by the DILG and the DBM OGP Secretariat. Moreover, the DOF is currently working government and company systems, steering in- Finance Undersecretary Karl Kendrick Chua and on the legislation of CTRP’s Package 2 which formed public debate on the EI, and enhancing Assistant Secretary Ma. Teresa Habitan are lead- proposes to gradually reduce corporate income trust among industry players by establishing multi ing the panel of speakers from the Government, tax (CIT) rate from 30 to 25 percent while mod- -stakeholders’ group (MSG) composed of LGUs, while Atty. Benedicta Du-Baladad and Tomas ernizing and promoting efficiency and fairness in civic organizations, and mining firms. Lipana, PCCI’s Taxation Committee co- fiscal incentives, making these performance- chairpersons, are representing the business sec- based, timebound, and transparent. Just like in EITI is one of the Philippines’ open govern- tor in the discussion. USAID-FPI Tax Policy the previous CTRP package, the DOF sees the ment commitments in the 4th National Action Expert Jem Armovit and IT Expert Admir significance of engaging the public, particularly Plan 2017-2019. The Philippines is seeking to Zajmovic, are also part of the panel to represent the business sector in this matter, to capture institutionalize EITI implementation in the coun- the development partner’s perspective and pro- sentiments and valuable inputs on the proposed try by supporting PH-EITI’s endeavors to estab- vide technical inputs on the discussion of the tax Package 2 while it undergoes legislative process. lish its acceptance at the local level while work- policy and tax administration reforms. During the early part of January 2018, the DOF ing its way to become a policy through legisla- has formally submitted its version of the CTRP tion. Anchored on the principles of open and Package 2 to the House of Representatives in

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time for the Lower House’s resumption on Janu- ary 15 following its yearend recess.

USAID-FPI project works closely with the DOF Strategy Economy and Results Group (DOF-SERG) by providing strategic advice and technical assistance in the study and develop- ment of the CTRP packages. Currently, FPI’s Tax Policy team is working on a cost-benefit analysis on fiscal incentives and provides data to DOF-SERG for consideration in the develop- ment of the CTRP Package 2. ### Strengthening MSG participation in Benguet’s small- scale mining sector implementation is expected to run until May transparency and accountability. In doing so, PH- 2018. EITI aims to create opportunities for dialogue with the small-scale miners and to engage them With the theme “Strengthening Multi- PH-EITI engages small-scale miners in the sustainable management of the country’s Stakeholder Participation in Small-scale Gold natural resources, which will benefit the country Mining Governance in Benguet,” Jaime V. Ongpin The Philippines-EITI (PH-EITI) National as well as the small-scale miners now, and in the Foundation, Inc. (JVOFI) launched on January 19, Coordinator Atty. Maria Karla Espinosa present- future. 2018 its initiative of fostering transparency and ed the Government’s commitment to fully insti- accountability in the small-scale gold mining sec- tutionalize the EITI agenda and how this will Benguet Federation of Small-scale Miners tor governance in the province. benefit small-scale miners. Secretary General Engr. Alfred Bugnosen was grateful to have an open dialogue with the Gov- Over 170 members of the Benguet Feder- Atty. Espinosa explained that “small-scale ernment about EITI as it was also a great oppor- ation of Small-scale Miners (BFSSM) representing mining is a significant sector in terms of its use of tunity for their sector to be heard directly by the various municipalities of Benguet participated in the country’s natural capital and its potential Government the said symposium. Key representatives from contributions to national wealth.” As such, it is Benguet local government units (LGUs) and imbued with transparency and accountability. “We want to meet at the middle to concerned national government agencies such as achieve EITI’s goals and to also address the is- Part of PH-EITI’s mandate is to show the the Department of Environment and Natural sues in our sector—small-scale miners want to direct and indirect contribution of the extractive Resources (DENR), Mines and Geosciences Bu- take part of the formal economy so we can help industry to the economy. At present, PH-EITI is reau (MGB), Environmental Management Bureau the Government uplift the Philippines’ economy, engaging with large scale mining companies in a (EMB), the Department of Interior and Local and in turn, the Government will be of help to us transparency reporting process that makes pro- Government (DILG), National Economic Devel- too,” Engr. Bugnosen said. duction and revenue data publicly known. opment Authority Department of Health Benguet Federation of Small-scale Miners (DOH), the National Commission on Indigenous One benefit of engaging with large scale has been in existence for 15 years already with a Peoples (NCIP) and National Irrigation Admin- mining companies is that the national govern- mandate of regulating the influx of migrant min- istration (NIA) also took part in the event and ment is able to generate revenues from this sec- ers and help small-scale miners address their engaged in the discussion of the most pressing tor and allocate these revenues to the local gov- conflicts relating to land and applications for issues on the informal economy of small-scale ernment units. Revenues are also used in social minahang bayan (people’s small-scale mining mining. and infrastructure investments. area). JVOFI is one of the five grantees of USAID The findings of this reporting process are RA 7076 implementation issues in Ben- Facilitating Public Investment (FPI) Project for its independently assessed and then disclosed in a guet to date latest grants cycle on its Extractive Industries PH-EITI report published annually. This publica- Transparency Initiative (EITI) support with thrust tion helps create public awareness and inspire Republic Act (RA) 7076, also known as the on expanding EITI implementation to the subna- debate on how the country should better man- People’s Small-scale Mining Act of 1991, was tional level engaging and empowering more local age its extractive resources. institutionalized to further develop, protect, and CSOs and LGUs to ensure sustainability. The rationalize small-scale mining activities in the symposium was one of JVFOI’s milestone activi- This is the first time PH-EITI, in partner- country. It was also enacted to generate more ties under FPI’s EITI Grants Fund and the project ship with JVOFI and the other stakeholders, will employment opportunities and provide an equi- engage the small-scale mining sector towards

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table sharing of the nation’s wealth and natural resources (Section 2).

During the symposium’s open forum, sev- eral issues about the Minahang Bayan were brought up by small-scale miners (SSM) from different municipalities. Recurring concerns reflected that (1) the requirements for the Mi- nahang Bayan application are not clear and the application process itself is tedious and cumber- some; (2) the laws governing the SSMs are changing and are difficult to understand; (3) there is a need for the concerned government agencies to help facilitate the formalization of the small-scale mining sector; (4) SSMs are appealing for the National Commission on Indigenous Peoples (NCIP) to review the Free Prior and Informed Consent (FPIC) process particularly on the technicalities that involve IP communities who are also engaged in small-scale mining activi- security, occupational health and safety, labor the provincial government’s strong commitment ties; (5) there is a clamor from SSMs to review regulations, access to social infrastructure and an to foster transparency and accountability in the the provisions of RA 7076 due to conflicting acceptable level of income. small-scale mining sector, and to its efforts to implementation requirements; (6) the disburse- help SSMs formalize their economy for sustaina- ment of shares from the national level is difficult Covenant Signing on Small Scale Mining in ble and inclusive development of the province. that is takes at least two years for local govern- Benguet ment units and small-scale miners to receive “Fifty percent of our population’s main The symposium concluded with an invita- their shares. livelihood is from mining. This provides them tion for small scale miners and the various stake- their food, education for their children, and oth- MGB-CAR, DENR: Legalization of SSMs holders to sign their commitment to participate er primary needs for their families. The Provin- will help alleviate poverty in CAR in the transparent and accountable governance cial Government, through the Provincial Mining of small scale gold mining in Benguet and to and Regulatory Board (PMRB), is doing its best Mines and Geosciences Bureau-Cordillera work together for the benefit of all stakeholders. Administrative Region (MGB-CAR) OIC, Region- to help the SSMs in coming up with the require- al Director Fay W. Apil, who is also the head of Below is the full text of the Covenant: ments needed for their Minahang Bayan applica- the Provincial Mining Regulatory Board (PMRB), tions for them to be legalized and compliant to said that while small scale mining is a primary “We, the stakeholders of small scale mining in the law,” Governor Pacalso said. ### source of income for most households in Ben- Benguet province, acknowledging that the 1987 guet, it is actually a poverty-driven activity pur- Constitution provides that the exploration, develop- sued by a largely uneducated population with no ment and utilization of mineral resources shall be employment alternatives. under the full control and supervision of the State; recognizing that the prudent use of natural resources Armed with simple tools and equipment, is necessary for the sustainable development of our small scale miners extract marginal deposits in province and our country; that small scale mining can harsh and often dangerous conditions and with contribute to poverty reduction and the growth of our considerable impact on the environment, she economy; that our interests as stakeholders, carry said in her presentation. with it our responsibilities for ensuring the proper management of our finite mineral resources, the For many reasons, mine accidents in small protection of our fragile environment, the preserva- scale mining can be significantly greater than in tion of people’s rights to a balanced ecology and, the large scale companies considering the illegal and fulfillment of our obligations to the State. unregulated nature of work of small scale min- ers. We, therefore, commit to actively participate in the Transparent and accountable governance of Illegal small-scale mining activities can, small scale gold mining in Benguet and to work in however, become an avenue for poverty allevia- concerted effort for the collective benefit of all stake- tion once legalized. By legalization, the sector holders.” can contribute to national and regional revenue generation. In return, the small-scale miners can The Province of Benguet Governor Cres- elevate their work standards to include social cencio Pacalso led the covenant signing reflecting

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