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Ex-DoF officials in P15-M tax case acquitted

THE Philippines’ anti-graft court has acquitted former Department of Finance (DoF) officials over the approval of P15 million worth of tax credit certificates (TCC) to a textile company in the 1990s, citing lack of evidence against them.

In an 86-page decision promulgated on Oct. 22, the Sandiganbayan Seventh Division ruled the prosecution failed to establish that Finance department officials and alleged company officers conspired to defraud the state through the awarding of TCCs, committing graft and estafa through the falsification of documents in the process.

“Not only is the prosecution’s evidence insufficient to support its allegation that [the textile company’s] tax credit claims were fraudulent, but it is also insufficient to prove the existence of conspiracy between and among accused public officers in giving unwarranted benefit, advantage, or preference… detriment of the government,” the ruling, penned by Associate Justice Zaldy V. Trespeses, read.

“It bears repeating that the prosecution failed to sufficiently establish that the documents subject of these cases are spurious or contain false data or information,” Mr. Trespeses’ ruling for their estafa charges stated.

State lawyers failed to authenticate the complaint affidavit and other documentary evidence against the accused, resulting in it being considered hearsay evidence by the court, weakening their case.

“The court emphasizes that the Complaint Affidavit of the Special Presidential Task Force 156 was not authenticated by the affiant,” it stated. “While notarized affidavits are considered public documents, they are still classified as hearsay evidence unless testified to by the affiant.”

The prosecution also failed to back the claim that the accused DoF officials benefitted from the issuance of dubious TCCs to the textile company. “The evidence failed to show that accused public officers used or gained profit from the transactions.” — Kenneth Christiane L. Basilio

NIA releases Magat dam water in Isabela

BAGUIO CITY — The Provincial Government of Isabela alerted residents living near the Magat River and Cagayan River as the National Irrigation Administration (NIA) will open the water gates of the Magat Dam Reservoir, starting 1 p.m., Tuesday in anticipation of the heavy rains tropical storm “Kristine” will bring.

The gates will release 1.44 cubic meters of water per second and the volume will increase depending on the rain the tropical storm will bring.

Residents along these two rivers were advised not to stay at the riverbanks, and avoid crossing them. They were also advised to prepare for evacuation, if needed.

Meanwhile, classes were suspended from kindergarten to Grade 12 and Alternative Learning System in Tuguegarao City, Lal-lo, Aparri, Solana, Lasam, Peñablanca, Baggao, Camalanuigan, Piat, and Abulug in Cagayan Province; whereas classes in all levels were suspended in Calayan, Amulung, Alcala, Iguig, Enrile, and Allacapan.

Classes from kindergarten to senior high school are also suspended in the province of Isabela.

The Coast Guard District North Eastern Luzon is now in full alert and prepared for the possible effects of Tropical Storm “Kristine” to its areas of responsibility. Necessary preparations are being conducted to ensure the readiness of the Coast Guard stations and substations in Cagayan, Batanes, Calayan, Isabela, and Aurora.

Cagayan, Isabela, Quirino in the North down to Surigao del Norte were put under Tropical Cyclone Wind Signal number 1, as of the Tuesday morning. — Artemio A. Dumlao

26 unlicensed firearms in Maguindanao surrendered

STOCK PHOTO | Image by Daniel S. from Pixabay

COTABATO CITY — A group in Maguindanao del Sur province surrendered 26 more assorted firearms to the Army’s 6th Infantry Division in support of its disarmament campaign complementing the Mindanao peace process.

Mayor Reynalbert O. Insular of the hinterland South Upi town in Maguindanao del Sur turned over the unlicensed firearms that he and officials of the 57th Infantry Battalion had collected from villagers to Brig. Gen. Michael A. Santos, commander of the 603rd Infantry Brigade, during a simple rite in their municipal gymnasium in Barangay Romongaob on Tuesday.

The cache comprised of an M16 rifle fitted with a grenade launcher, two .30 caliber M1 Garand rifles, three M1 Carbine rifles, 10 gauge 12 shotguns, three 7.62 bolt-action sniper rifles, three M79 grenade launchers, a 9-millimeter Uzi machine pistol, a .45 caliber pistol and .22 and .38 caliber revolvers.

Major Gen Antonio G. Nafarrete, commander of 6th ID, told reporters on Tuesday that Mr. Insular, Mr. Santos and Lt. Col. Aeron T. Gumabao, commanding officer of the 57th IB, cooperated in collecting the 26 firearms via backchannel dialogues with owners. — John Felix M. Unson

P20.4-M shabu confiscated in Zamboanga

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COTABATO CITY — Policemen seized P20.4 million worth of crystal meth (shabu) from a dealer, said to have links with drug rings in the Bangsamoro region.

The dealer was entrapped in Barangay Zone II in Zamboanga City at noontime Tuesday. The suspect’s name was withheld by the Police Regional Office-9 while validation of his reported connections with shabu dealers in Lanao del Sur, Maguindanao del Norte and in Cotabato City is still underway.

Brig. Gen. Bowenn Joey M. Masauding, director of PRO-9, and his counterpart in the Bangsamoro Autonomous Region in Muslim Mindanao, Brig. Gen. Romeo J. Macapaz, are together looking into tips by confidential informants about the suspect’s distribution of shabu to contacts in Bangsamoro towns that are close to the Zamboanga peninsula.

Mr. Masauding was quoted in reports by radio stations in Central Mindanao on Tuesday afternoon as saying that personnel of different units under PRO-9, the Zamboanga City Police Office and intelligence agents from the Naval Intelligence and Security Group – Western Mindanao of the Philippine Navy cooperated in the operation that led to the arrest of the lone male drug trafficker. — John Felix M. Unson

Red tape blamed for low hog vaccination rates

REUTERS

HOG FARMERS said burdensome documentation requirements have delayed their participation in the government’s limited rollout of the African Swine Fever (ASF) vaccine.

Alfred Ng, vice-chairman of the National Federation of Hog Farmers, Inc., said: “Many backyard farmers are having difficulty in securing the necessary documentation for the trials.”

Mr. Ng added that some local government units are not aware of the vaccine trials hindering further expansion of the program.

“Most ASF outbreak areas have disposed of their pigs… and do not have enough samples to be involved in these trials,” he said via Viber.

The Department of Agriculture (DA) recently included commercial hog farms in its vaccine trials to increase the number of inoculated hogs.

Administrative Circular No. 8 opened up the trials to commercial farms and swine herds covered by the Integrated National Swine Production Initiatives for Recovery and Expansion Program. It cited the “low participation rate of smallhold farms.”

The DA allocated P350 million to procure 600,000 doses for hog farmers initially targeted. The rollout started on Aug. 30 in Lobo, Batangas.

The AVAC ASF Live vaccine from Vietnam has been approved by the Food and Drug Administration for a limited government-controlled rollout. It issued a Certificate of Product Registration for AVAC, valid for two years, and subject to monitoring and annual evaluation.

“We still believe in DA’s controlled vaccine trials and they should not be hurried… We need to ensure that the vaccine is proven to be safe and effective,” Mr. Ng added.

He said that commercial hog farms may not readily participate in the vaccine program given the government requirements, which include blood tests and constant monitoring of the hogs.

The DA has said that it takes about three weeks to blood-test hogs before they can be given the ASF vaccine. The development of antibodies is also expected to take a few weeks.

Mr. Ng added: “We all pray for an effective vaccine that will be safe and not harmful to our already beleaguered swine industry. We hope that these trials do not create a mutated strain that is more difficult to control and contain.”

As of Oct. 18, 108 municipalities across 25 provinces had active ASF cases, according to the Bureau of Animal Industry. — Adrian H. Halili

Reserve requirement cut seen boosting hotel construction as office market adjusts

JOSUE ISAI RAMOS FIGUEROA-UNSPLASH

THE reduction of the bank reserve requirement is expected to boost private construction, particularly for hotels, the Bank of the Philippine Islands (BPI) said.

“The new governor has moved away from the archaic policy of reserve requirements, which will provide liquidity that will help the private construction sector recover faster,” BPI Lead Economist Emilio S. Neri, Jr. said in an online briefing on Tuesday.

The Bangko Sentral ng Pilipinas (BSP) said in August that it will reduce the reserve requirement for universal and commercial banks and nonbank financial institutions with quasi-banking functions by 250 basis points (bps) to 7%, effective Oct. 25.

It will also cut the reserve requirement for digital banks by 200 bps to 4%. The ratio for thrift lenders will fall 100 bps to 1%, while that for rural and cooperative banks will fall 100 bps to 0%.

Mr. Neri added that the main beneficiaries will be the hotel and accommodations industry, especially amid low prices for construction materials.

“I think there are at least 150 to 170 new hotels being built as we speak, and more could actually come in to help offset some of the negative impact of the exit of POGOs (Philippine Offshore Gaming Operators) and traditional offices,” he said.

The President in July announced a ban on POGOs, which are now officially known as Internet Gaming Licensees (IGLs), effective by the end of the year.

“With lower inflation in construction materials, stronger peso to some extent, and loans being more readily available … there could be a big boom in accommodations, not just local brands but even foreign brands like Marriott and the like coming into the Philippines to compete with regional counterparts,” Mr. Neri added.

He also said private construction companies need to adjust to the decline in traditional offices due to remote work.

“Many Metro Manila and Metro Cebu residents are actually deciding to move away from the cities. They are no longer renting very expensive condominiums. They can decide to move elsewhere, a little bit farther from the cities, where the houses are more affordable or the rents are lower. This is good for residential real estate. And we’re actually seeing that happen,” Mr. Neri said.

Mr. Neri said that the private construction spending has been catching up to pre-pandemic levels, but is being weighed down by the exit of IGLs and the downsizing of offices with the onset of remote work.

“There are so many offices available in the market. A lot of them are also still being built at the moment. A lot of them are going to come on stream in the next few years,” he added. — Aaron Michael C. Sy

Innovation deemed ‘a matter of survival’ for PHL companies as global competition intensifies

FREEPIK

PHILIPPINE businesses that embrace innovation will be in position to boost trade and attract more investment as technology ramps up global competition, the Philippine Chamber of Commerce and Industry (PCCI) said.

At the 50th Philippine Business Conference and Expo on Tuesday, PCCI President Enunina V. Mangio said that “embracing innovation has become not just an option but a matter of survival in the intensely competitive global village.”

“The use of innovative strategies and approaches, for example, can help us adequately respond to the need to improve on the ease and reduce the cost of doing business in the country,” she said in her welcome remarks.

“This is necessary to further nurture our enterprises, boost trade and attract more investments,” she added.

She said innovation will not only ensure the competitiveness and resilience of businesses but also sustain the progress so far achieved.

In her keynote speech, Vice-President Sara Z. Duterte-Carpio said digitalization must take its place alongside the Philippines’ strengths in human resources to ensure “efficient operations and timely production, and of course, delivery of services and products.”

“We cannot refuse the benefits of digitalization in our businesses. We should… be willing to invest in digital infrastructure,” she added.

In a panel discussion, Carlos Ramon C. Aboitiz, chief corporate services officer of AboitizPower, said that hiring the right people is the key to staying competitive as technology advances.

“Ultimately, it comes down to the basics and hiring the right people is the first thing,” Mr. Aboitiz said.

“I think knowing how to use technology to acquire data, develop insights, and then use those insights also helps sustain (competitiveness),” he added.

Sagittarian Agricultural Philippines, Inc. President Jose Avelino G. Diaz said the case is growing for businesses to pursue more vertical integration.

“That helped us to have more internal control which gave us more agility and flexibility in designing our products and adjusting our products in accordance with what our customer really wants and really values,” said Mr. Diaz.

Juan Carlos C. Puno, chief finance officer of Globe Telecom, said that for telecommunication companies, everything is fast-moving, requiring businesses in the industry to become more efficient.

“We constantly look for efficiencies in our systems to be able to shorten a lot of these decision times,” he added.

“Agility really is being able to go to market very quickly. If you take a month to decide on a product, by the time you launch it, the opportunity is gone,” he added. — Justine Irish D. Tabile

Bid invitation issued for Nasugbu Port breakwater

THE Philippine Ports Authority (PPA) said it issued bid invitations for a P485.91-million contract to build a breakwater for the Port of Nasugbu, Batangas.

In an advisory on Tuesday, the PPA set Nov. 7 as the bid submission deadline for the project, which will be funded out of the PPA’s own 2024 budget.

All bids received in excess of the approved contract amount will be rejected at the bid opening, it said, adding that potential bidders must have completed a similar project to be considered eligible.

According to PPA, the bids and awards committee will hold a pre-bid conference on Friday.

The PPA said the winning bidder will have 720 calendar days to complete the project.

Over the four years to 2028, the PPA is earmarking about P16 billion to fund its infrastructure projects, including the 14 flagship projects due for completion within that timeframe. — Ashley Erika O. Jose

August building permit approvals fall by 7.5%

PHILSTAR FILE PHOTO

APPROVED building permits fell 7.5% year on year in August to 13,436, the Philippine Statistics Authority (PSA) reported.

In August, approved building projects amounted to 3.23 million square meters of floor area, up 1.9% from a year earlier. Approved permits represented projects valued at P43.05 billion, up 1.1% year on year.

Residential buildings accounted for 64.7% of approved permits, with single homes making up 83.1% of the residential segment.

Non-residential permits accounted for 22.1%, and were valued at P18.31 billion, down 13% year on year.

Approved commercial construction applications made up 69.2% of the nonresidential segment, down 3.6% year on year.

Calabarzon (Cavite, Laguna, Batangas, Rizal, and Quezon) accounted for 25.1% of approved construction projects, followed by Central Visayas and Central Luzon.

The PSA said construction statistics are compiled from the copies of original application forms of approved building permits, as well as from demolition and fencing permits collected monthly by the agency’s field personnel from the offices of local building officials. — Kenneth H. Hernandez

Government agencies’ cash utilization rate hits 99% at end of September

BW FILE PHOTO

GOVERNMENT agencies posted a budget utilization rate of 99% as of the end of September, the Department of Budget and Management (DBM) reported.

The DBM said the National Government, local government units, and government-owned corporations had used P3.46 trillion of the P3.52 trillion worth of notices of cash allocation (NCAs) issued as of the end of that month. 

The utilization rate was ahead of the pace compared with 97% posted a year earlier.

Unused NCAs for the period amounted to P51.6 billion, the DBM said.

NCAs are a quarterly disbursement authority that the DBM issues to agencies, allowing them to withdraw funds from the Treasury for their spending needs.

At the end of September, line departments utilized P2.59 trillion or 98% of their total allocations.

Agencies that posted 100% utilization rates during the period were the departments of Interior and Local Government, Public Works and Highways, Labor and Employment, Social Welfare and Development, the Office of the Ombudsman, and the Judiciary.

The Commission on Audit, Commission on Elections, Commission on Human Rights, and Civil Service Commission also reported full utilization at the end of September.

Posting 99% utilization rates were the departments of Health and Transportation, as well as the National Economic and Development Authority. The departments of Education and National Defense reported 98% utilization rates.

Other agencies that posted a cash utilization rate of at least 90% were the Congress of the Philippines, State Universities and Colleges, and the departments of Agrarian Reform, Environment and Natural Resources, Finance, Foreign Affairs, Tourism, Human Settlements and Urban Development, Justice, Science and Technology, as well as the Presidential Communications Office.

For the second straight month, the DBM posted the lowest utilization rate with 73%.

Government agencies likely boosted public spending especially on infrastructure ahead of next year’s midterm polls, ahead of which a spending ban will be enforced starting March 28, Rizal Commercial Banking Corp. Chief Economist Michael L. Ricafort said.

“This was also due to more stringent budget utilization rules by various agencies, and amid costs involved in financing the National Government budget deficits,” Mr. Ricafort said via Viber. 

“This could lead to faster government spending and could contribute further to faster GDP (gross domestic product) growth,” he added.

The economy grew 6% in the first half. To meet the lower end of the government’s full-year target, GDP growth should likewise come in at least 6% over the remainder of the year.

The Philippine Statistics Authority will release third-quarter GDP data on Nov. 7. — Beatriz Marie D. Cruz

BIR warns document deficiencies will raise VAT refund risk category

BW FILE PHOTO

THE Bureau of Internal Revenue (BIR) said the lack of supporting documents beyond a certain threshold on sales and purchases involved in a value-added tax (VAT) refund application will automatically bump the claim into the high-risk category.

“Sales and purchases determined to be ‘NSD’ or “no supporting documents” (e.g., a supporting document indicated in the schedules cannot be found in the physical documents submitted) during cursory checking of the completeness of the supporting documents shall not be considered as incomplete submission, but the same shall result in the disallowance of the unsubstantiated portion of the sales or purchases regardless of the risk classification,” the BIR said in a circular.

“However, in the event that the ‘NSD’ for sales and purchases exceeded at least 1% of the total amount of sales (for sale transactions) or total amount of claim (for purchase transactions), the application shall automatically be classified as high-risk and shall require 100% verification.”

Republic Act (RA) No. 11976 or the Ease of Paying Taxes Act introduced a risk-based approach in classifying VAT refund claims — low, medium, or high risk.

The BIR classifies VAT refund claims based on a points system that considers the size of the claim; the frequency of claims filed; the claimant’s tax compliance history; and other risk factors.

Those applying for refunds must submit documentation before they are assigned a risk level, the BIR said.

“The determination of the risk level of the VAT refund claim can only be established once the application is officially received by the appropriate BIR processing office, inasmuch as the amount of claim, period covered, frequency of filing, among others, are already ascertained.”

Under RA 11976, the bureau must process a VAT refund claim within 90 days from the time the processing office accepts the claim or application.

The process for refund claims include checking if the requirements and supporting documents for the sales and purchases of goods and services are complete; the determination of the risk level of a refund claim; and the processing and verification of medium and high-risk claims.

Low-risk claims will only be classified with complete documentation. Claimants in this category are not subject to the verification procedure for sales of goods and services as well as purchases and input tax, BIR said.

In a memorandum order dated Oct. 2, the BIR said high-risk claims include those were filed between April 27, 2024 and June 30, 2024; those filed by first-time claimants; and cases where the claimant cannot be located.

Refund claims classified as medium risk are subject to 50% verification of both the sales amounts and total invoices or receipts issued.

The BIR said input VAT claimed from local suppliers but identified as “cannot be located” or flagged under the Run After Fake Transactions program will not be granted a refund. — Beatriz Marie D. Cruz

Stocks advance as market expects strong earnings

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PHILIPPINE SHARES rebounded on Tuesday on expectations of strong corporate results, with the peso’s weakness slightly denting market sentiment.

The benchmark Philippine Stock Exchange index (PSEi) inched up by 0.08% or 6.53 points to close at 7,413.16 on Tuesday, while the broader all shares index rose by 0.12% or 5.21 points to end at 4,085.50.

“The local market marginally gained this Tuesday. The gains are seen to be reflective of investors’ expectations of good third-quarter corporate results and continuous monetary policy easing by the Bangko Sentral ng Pilipinas (BSP),” Philstocks Financial, Inc. Senior Research Analyst Japhet Louis O. Tantiangco said in a Viber message.

“The gains were tempered, however, by the rise of the US Treasury yields and the weakening of the local currency,” he added.

On Monday, the yield on the benchmark US 10-year Treasury note rose to its highest since July 26 at 4.22%, Reuters reported.

Meanwhile, the peso closed at P57.88 per dollar on Tuesday, dropping by 29 centavos from Monday’s finish of P57.59, Bankers Association of the Philippines data showed.

This was the local unit’s worst close in more than 10 weeks or since it finished at P57.90 per dollar on Aug. 9.

“Philippine stocks ended slightly up as investors remained cautious, opting to stay on the sidelines while awaiting fresh catalysts, such as companies’ third quarter earnings results,” Regina Capital Development Corp. Head of Sales Luis A. Limlingan said in a Viber message.

“While sentiment remains largely positive, with optimism that equities have more room to advance, concerns about elevated valuations — particularly in the run-up to the US presidential election — long with rising geopolitical risks, could lead to increased market volatility,” he said.

Majority of sectoral indices closed lower on Tuesday. Financials declined by 0.5% or 12.15 points to 2,411.22; property dropped by 0.41% or 12.13 points to 2,928.01; holding firms retreated by 0.3% or 18.75 points to 6,185.48; and mining and oil went down by 0.15% or 13.42 points to 8,669.13.

Meanwhile, services rose by 1.21% or 27.32 points to 2,281.60; and industrials went up by 0.68% or 68.76 points to 10,100.89.

“Monde Nissin Corp. was the top index gainer, jumping 3.94% to P11.08. Nickel Asia Corp. was at the bottom, falling 2.88% to P3.37,” Mr. Tantiangco said.

Value turnover climbed to P5.31 billion on Tuesday with 916.59 million shares traded from the P3.3 billion with 638.33 million issues that changed hands on Monday.

Advancers narrowly beat decliners, 99 versus 94, while 55 names were unchanged.

Net foreign selling stood at P16.04 million on Tuesday versus the P161.44 million in net buying recorded on Monday. — R.M.D. Ochave with Reuters