Facebook Instagram Linkedin X Youtube
Home Blog Page 10564

Fan-tastic

Mighty Switch Force! Collection
Xbox One

EVEN THOUGH WayForward Technologies already boasted of an impressive resume when it came out with Mighty Switch Force! in late 2011, it was nonetheless presented with not insignificant hurdles in its efforts to steer its intellectual property to success. For one thing, the Nintendo 3DS wasn’t yet a year old and developers and gamers alike still had to grasp the handheld’s full potential. For another, it saw fit to release the third title in its Mighty series via the eShop; at the time, the digital distribution platform was in the early stages, and the definition of ownership of a product that couldn’t be physically handled remained the subject of debate.

For all the evident obstacles, Mighty Switch Force! proved to be a critical and commercial hit. In part, it benefited from WayForward’s stellar reputation and the 3DS’ rapid takeup rate. In larger measure, it found its cause strengthened by gameplay mechanics and characteristics that held universal appeal. Puzzles platformers aren’t always well received, but its work became the exception to the rule, transcending genres with the ideal blend of story, technical proficiency, and fairness. Parenthetically, outstanding replay value offset short length and gave great bang for the buck.

WayForward would go on to make four more Mighty titles, including a “Hyper Drive Edition” of Mighty Switch Force! which presented updates and additional levels for Wii U owners. And as with its iterations on Nintendo hardware, releases on the personal computer were well received. Considering the crossover acclaim and appeal, it’s no wonder the developer has now seen fit to offer gamers the opportunity to enjoy the aforesaid material, Mighty Switch Force! 2, and Mighty Switch Force! Academy on current-generation consoles.

Compilations are nothing new to the industry, with publishers seeing them as a way to get contemporary gamers on board while giving their subjects new leases on life. In the case of the Mighty Switch Force! Collection, the benefits are compounded by the fact that the series sports an unabashed retro look and feel, but with decidedly modern-day sensibilities. On the Xbox One, the port of every single title is nothing short of outstanding; the pixel-art style jumps off the screen in an obvious nod to the processing power of Microsoft’s eighth-generation console despite seemingly less-capable roots, and the accompanying audio tracks embrace their classical inspirations.

Needless to say, titles in the Mighty Switch Force! Collection retain their storylines and gameplay. Mighty Switch Force! and Mighty Switch Force! Hyper Drive Edition get to see principal protagonist Patricia Wagon on a mission to recapture the Hooligan Sisters, five convicts who managed to escape from Planet Land. Mighty Switch Force! 2 has her making a career change from police officer to firefighter in her efforts to rescue the same sisters, but already reformed — and, occasionally, the “Ugly Secret Baby” — from spontaneous combustions threatening to engulf the planet. Mighty Switch Force! Academy transports her back as a cadet, but zooms out of the grid and expands the action to allow for four-gamer cooperative play on a single screen.

If inclusions in the Mighty Switch Force! Collection sound like birds of the same feather, it’s because, well, they are — albeit with enough unique features to make each stand out from the rest. The puzzles are certainly varied and challenging, never mind that their handheld DNA has level designs leaning toward relatively quick finishes. Difficulty spikes are thankfully nonexistent; rather, handicaps progress gradually and logically. Moreover, the interface is a blast; whether with a standard or Elite controller, gamers will appreciate the pristine input registers and ultra-smooth aesthetics, even during frenetic activity.

If there’s any negative to Mighty Switch Force! Collection, it’s the utter absence of bells and whistles. While others have seen fit to churn out compilations introducing new features or providing a smattering of production-related Easter eggs, WayForward eschews any add-ons. Even the menu is relatively barebones. That said, the Xbox One port earns its $19.99 price tag with plenty to spare. The absence of embellishments aside, it stands out because of the games themselves. Simply put, they’re “fan-tastic.”

THE GOOD:

• Outside of the Shantae series, the best of WayForward on the Xbox One platform

• Retro-style puzzle platforming with modern-day sensibilities

• Excellent port, with standout aesthetics and superb controls

• Progressively challenging level designs

THE BAD:

• Not complete (Mighty Switch Force! Hose It Down! is missing)

• Barebones and absent any bells and whistles

RATING: 8.5/10

POSTSCRIPT: The Tower of Beatrice casts the playable character as a thief contracted by an unnamed client to, as noted in its official Nintendo eShop site, “infiltrate the tower of the powerful sorcerer Beatrice, steal her Book of Recipes, and get out alive.” The first two objectives are easy enough to meet, but it’s the third that gamers are slated to spend not inconsiderable time doing — or, rather, trying to do. Developer Sometimes You’s port of its highly rated escape-room offering on the personal computer hews closely to the source material, and, for the most part, sticks the landing on the Nintendo Switch.

To beat The Tower of Beatrice, gamers will have to go through six floors, solving puzzles, making use of items put together, and summoning spells — needless to say, through the use of the target book which, infusing dry humor to the proceedings, also acts as a vehicle for the sorcerer’s condescension — at every turn in order to forge ahead. In this regard, the details in the game’s official site are spot on: the hurdles range from “simple to brain bending,” but not always in a good way. Hints are provided, but they occasionally tend to confuse more than help.

Considering the need for gamers to be extremely observant to the point of obsessive in surveying their character’s surroundings, The Tower of Beatrice could have benefited from better controls. With the Joy-Cons serviceable at best, the game thankfully provides touchscreen support. Yet, even then, there will be the occasional glitches, particularly when zooming in and out. That said, there can be no downplaying the effort Sometimes You has put forth in bringing its intellectual property to the Switch. And if there’s anything the iteration on the hybrid console presents as an advantage, it’s the capacity to be enjoyed anywhere, and at any given time.

At $5.99, The Tower of Beatrice is at a price point justified by its fairly engrossing gameplay. It’s short by the standards of similar AAA titles, but it doesn’t cheat the time it takes from gamers. And it manages not to overstay its welcome by periodically injecting doses of humor that hit more often than miss. (7/10)

Created by independent developer Phase Two Games, Battle Hunters is a surprisingly polished title that transcends the limitations of the iOS platform through its unabashed display of the passion of those behind it. No doubt, the pedigree of creative director Dan Tonkin and technical director Tony Charlton helps; drawing from their experience as co-founders of IronMonkey Studios and EA Melbourne, not to mention wealth of knowledge in providing gamers with guilty pleasures dating back to the industry’s eight-bit days, they’ve managed to produce an engrossing role-playing game well worth the 15 or so hours required to see it through.

In Battle Hunters, gamers initially take control of three from a roster of up to 25 heroes. Devon Highcastle, a soldier, Galador Stormwarden, a wizard, and Martin Swiftbow, an archer, have banded together in an effort to help keep evil from overrunning the kingdom. They go on a journey to meet the Old One, still able to hold the enemy at bay but slowly weakening over time, and, en route, they aim to overcome danger with their unique skill sets and special abilities. And even as the challenges presented before them become more and more difficult to overcome, they manage to recruit others to their cause.

For all the constraints of the iOS operating system, Battle Hunters proves to be an immersive escapade even for gamers not normally predisposed to spending significant amounts of time staring at small devices. The point-and-click interface is as smooth on the iPhone XS Max as on the iPad Pro, although the latter’s additional screen real estate does help in reading text and selecting command options faster. Loading times are fast, but the absence of a fast-forward option to skip animations and cutscenes in favor of decision points can drag proceedings.

Battle Hunters likewise benefits from outstanding graphics and an engaging audio track, though the music can be overwhelming at times. Menu options isolating it from sound effects and controlling its volume would have been welcome. The good news: Phase Two Games has promised to keep supporting and updating it in keeping with Tonkin and Charlton’s promise to deliver titles they themselves would like to play. Which is why there are no in-app purchases, no pay-to-play alternatives, no forced advertising sections. And which is also why it has actively solicited gamer feedback. At $5.99, it’s a decided steal, and one that looks to keep on giving. (8.5/10)

THE LAST WORD: Dragon Star Varnir, already out on the Sony PlayStation 4 and reviewed on this space on July 30, will be released for the personal computer on Oct. 9. The Steam version, to be offered at a 20% discount within the first week of launch, is set to include all gameplay and art content from the Japanese version, as well as English, Japanese, and Traditional Chinese subtitles.

US-China trade war escalation to weigh on shares

THE MAIN INDEX may decline further in the week, with massive foreign outflows expected due to increased trade tensions between the US and China.

The benchmark Philippine Stock Exchange index (PSEi) rose 0.51% or 40.58 points to close at 7,889.41 on Friday. On a weekly basis, it was up 1.20%, breaking its four straight weeks in red.

“The PSEi may have ended with gains [last] week after finding strength at its support level of 7,750 however, we are still convinced that this market will continue to go lower,” AAA Southeast Equities, Inc. Research Head Christopher John Mangun said in a weekly market report, citing factors such as the ghost month and the large volumes of foreign outflows to be holding the market back, backed by the US-China trade feud.

“We will see more investors flee to save-haven assets like bonds and gold,” he added.

Net foreign outflows stood at P1.508 billion last week.

An increasingly bitter trade war between the world’s two largest economies sharply escalated on Friday, with both sides leveling more tariffs on each other’s exports.

US President Donald Trump announced an additional duty on some $550 billion of targeted Chinese goods on Friday, hours after China unveiled retaliatory tariffs on $75 billion worth of US goods.

Jervin S. de Celis, equity trader at the Timson Securities, Inc. also expects the market to decline this week due to the developments in the US-China trade war.

“The MSCI rebalancing also takes effect this week so it will also contribute to the large trading activity as fund managers reposition their holdings in our market,” he added.

“Another factor could be the weakness in the currency which gives foreigners an advantage for going back into the greenback. That being said, picking up blue-chips in the following weeks at massive bargains may prove to be profitable in the long run,” AAA’s Mr. Mangun added as to what might influence this week’s index movements.

“We see investors continue to look at second-liners and speculative issues as the performance of the recent IPO [initial public offering] has given some optimism that there is money to be made in this market. We have another shortened trading week due to the holiday,” he noted.

Local markets were closed yesterday for National Heroes Day.

Southeast Asian stock markets dropped on Monday, tracking a broader global sell-off, with the Thai index losing the most as an escalation in the tit-for-tat Sino-US trade dispute over the weekend battered risk appetite.

Asian shares sank as the latest move in the trade war shook confidence in the world economy and sent investors steaming to the safe harbors of sovereign bonds and gold, while slugging emerging market currencies.

The latest trade salvo will adversely affect China’s supply-chain partners and would add to warnings of “more acute exports pain in Asia with attendant downside to growth,” Mizuho Bank said. — V.M.P. Galang with Reuters

Investment commitments in infrastructure with private sector participation in select economies (1990-2018)

Investment commitments in infrastructure with private sector participation in select economies (1990-2018)

Joint Senate committee to look into Kaliwa Dam impact on IPs

A JOINT Senate panel will look into the construction of the Kaliwa Dam project in Quezon and Rizal provinces Tuesday and its possible impact on indigenous peoples (IPs).

The Senate committees on cultural communities, public works and finance will tackle Senate Resolution No. 76, particularly on the displacement of IPs or the Indigenous Cultural Communities (ICCs).

The Resolution argued that under Republic Act No. 8371, or the The Indigenous Peoples Rights Act of 1997, requires projects to obtain free and prior informed consent (FPIC) from IPs and ICCs.

“Despite the requirement of free and prior informed consent, as provided by RA 8371, the IPs/ICCs oppose and state that no consent was obtained,” according to the resolution, filed by Senator Imee R. Marcos.

“The Sectors Opposed to the Kaliwa Dam, or ‘STOP Kaliwa Dam,’ said that the government was merely using the present water crisis to aggressively push the project.”

The Metropolitan Waterworks and Sewerage System (MWSS) is set to complete the community assemblies with Quezon IPs through the National Commission of Indigenous Peoples (NCIP) next month.

The New Centennial Water Source-Kaliwa Dam Project intends to supply 600 million liters per day; which can be expanded to 2,400 MLD when a conveyance pipe is connected to the Kanan River.

The Resolution noted that as of March 2019, Manila Water Co., Inc. can no longer service its concession area’s 1,600-1,740 MLD demand.

The project is funded through a $211-million loan agreement between the MWSS and the Export-Import Bank of China, signed on Nov. 20, 2018.

The planned Kaliwa Dam Project is also among the China-funded projects that face scrutiny over the presence of a provision that will pledge Philippine “patrimonial assets” as collateral.

The MWSS, meanwhile, was questioned by the Commission on Audit for irregularities in its selection process which allowed potential contractors to bid without meeting all the eligibility requirements. — Charmaine A. Tadalan

Six flagship infrastructure projects hit halfway completion mark

SIX of nine flagship infrastructure projects are more than halfway completed, according to data from the National Economic and Development Authority (NEDA).

In its July status report, NEDA said 21 projects are set to be completed by 2022 at an estimated cost of P187.63 billion, while 54 other projects worth P2.23 trillion are expected to be completed after 2022.

As of July, the two projects that have been completed are the Pulangi 4 Selective Dredging Phase 3 and the improvement of remaining sections of the Pasig River from Delpan Bridge to Napindan, a part of the Pasig-Marikina River Channel improvement project.

Among the ongoing projects that are halfway done are the three projects under the Clark Green City Commercial Center which had a 65% completion rate in April. All three were funded via private-public partnerships (PPP).

The Clark International Airport expansion project, also PPP-funded, had a completion rate of 63%, according to the report.

Two other projects with 57% completion rates are the Chico River Pump Irrigation project, funded by China, loans and phase two of the government-funded Malitubog-Maridagao irrigation project in North Cotabato and Maguindanao.

The NEDA board has approved 37 projects as of July. In terms of development status, 20 projects are in the project development stage, 46 are under implementation, four projects are up for government approval while five will be reviewed for “pending concerns.”

“Of the 46 projects under implementation, 12 are currently securing budgets or are in the financing process, 16 are either in the detailed engineering design (DED) or procurement stages, and nine are undergoing construction,” according to the report.

In funding the 75 projects, 52 projects will be backed by Official Development Assistance (ODA) worth P2.01 trillion, while 14 projects worth P238 billion will be funded by the government, eight through PPP and one to be funded privately.

The report said seven NEDA board-approved projects by the Department of Transportation are up for re-valuation.

These are the Philippine National Railways (PNR) South Long-haul, Manila to Bicol project, the Iloilo International Airport project, the Bacolod-Silay International Airport Project, the New Bohol Airport, the Laguindingan International Airport serving Northern Mindanao, the Davao International Airport development project and the Tagum Davao Digos Segment of the Mindanao Rail phase one project. — Beatrice M. Laforga

Poultry sector wants gov’t to track imports more aggressively

THE poultry industry said the government needs to address competition from imports dumped into the Philippines, which is adversely affecting small producers.

The United Broilers and Raisers Association (UBRA) said that it has asked Agriculture Secretary William D. Dar to fix the monitoring system at Customs Bonded Warehouses to facilitate the tracking of goods once they leave the premises.

“It is so obvious that there’s irresponsibility on the part of the government. When you say customs bonded warehouse, you’re supposed to (use these imports for manufacturing input) and re-export, but DA (Department of Agriculture) has no data showing what is being re-exported,” UBRA President Elias Jose M. Inciong said in a statement.

UBRA noted that chicken imports have risen from 135 million kilos in 2012; 141 million kilos in 2013; 177 million kilos in 2014; 198 million kilos in 2015; 232 million kilos in 2016; 244 million kilos in 2017; and 310 million kilos in 2018.

He noted that although 30% of imports coursed through CBWs are distributed to domestic markets, such goods have to pay tariffs, but no records of such payments are available. No record has been shown by the government, which applies to the Bureau of Animal Industry (BAI) and the National Meat Inspection System (NMIS).

“They have a mandate to develop local industries. How can you develop your industry if you don’t have data, how can you manage? They keep talking about competitiveness, about addressing unfair trade and smuggling when they don’t even bother to organize data,” he said.

Philippine Chamber of Agriculture and Food Inc. (PCAFI) President Danilo V. Fausto said that the poultry industry should be a priority sector as it generates the third-highest revenue of any segment after rice and pork. The Philippine Statistics Authority (PSA) reported that gross value of production of the industry in the first quarter was P55.4 billion.

The poultry raisers also raised other issues at their meeting with Mr. Dar, like the preference for importing poultry and other farm products rather than developing domestic industry. The industry also noted that farmgate prices do not seem to be directly connected to consumer prices and the absence of coordination between Board of Investments (BoI) and DA.

PCAFI has also pushed for the implementation of trade subsidies for farmers.

“Subsidies in one form or another have been the template for other countries with successful agricultural sectors. If we are to win the struggle for the future of agriculture, a more pragmatic approach as practiced by US and China should be the way forward,” Mr. Fausto said.

“The mindset of government is more imports, more local players will be forced to be competitive, but the government is the one that’s not competitive because it doesn’t provide the sector with subsidies other governments provide their agriculture sector,” Mr. Inciong said. — Vincent Mariel P. Galang

Mile Long site to be redeveloped in four phases by PPP

THE government has chosen to redevelop the 2.2 hectare Mile Long property along Amorsolo street in Makati City via a four-phase public-private partnership, which the government structuring the project this way to generate recurring income, a senior official said.

Privatization and Management Office (PMO) head Gerard L. Chan said the property is currently being leased to private tenants, generating around P160 million in net income at 70% occupancy ahead of the redevelopment.

Mr. Chan said the redevelopment plan was submitted to the Office of the President and is awaiting the issuance of an executive order officially transferring the project to the Bases Conversion and Development Authority (BCDA).

“Joint development ang mangyayari. Government will contribute the land tapos si developer ‘yung magde-develop ng building then later on maybe maghahati tayo sa income. ‘Yun ang initial na nasa isip ni Secretary,” (What will happen is a joint development with the government contributing the land and the developer putting up the buildings. Then later on, maybe we will share the income. That is the Secretary’s initial concept) he said Friday, referring to Finance Secretary Carlos G. Dominguez III.

BCDA will set bidding parameters for potential developers, according to Mr. Chan.

“Wala pa tayong projection on the revenue. We’ll have to get a financial adviser to handle the numbers kung magkano ‘yung potential (There are no projections for revenue. We’ll need a financial adviser to estimate the potential),” he said.

The initial redevelopment plan proposal is for a mixed-used residential and commercial development including offices and a transportation hub.

“We divided it (Mile Long) into four blocks. ‘Yung unang plan is to bid it out in phases, para tumaas ng konti ‘yung price. Hindi siya i-bid out ng buo (The initial plan is to bid it out in phases to make the property’s value appreciate. It won’t be bid out at once),” he said.

“This is the biggest (PMO asset in terms of land). This is giving us the biggest earnings, it’s also a very prime location,” he said.

Mr. Dominuez has said the property, previously leased to Sunvar Realty Development Corp, is now earning an average of P6.7 million per month since the government’s takeover in August 2017.

Mr. Dominguez has said proceeds from the redevelopment will help fund retirement costs for military personnel.

He also said he wants to start the redevelopment within the year.

Mr. Chan said it is possible “if we can get BCDA on board to start.”

The legal dispute between Rufino-Prieto family-owned real estate firm was finally decided in a Makati court ruling in favor of the government in August 2017. — Beatrice M. Laforga

DoE seeking comment on penalties for WESM violations

THE power industry has until Sept. 6 to comment on a draft circular from the Department of Energy (DoE) providing a “penalty manual” for participants in the wholesale electricity spot market (WESM).

Among others, the proposed manual aims to enhance the “process in determining applicable penalties by specifying the categories or types of breaches [of the WESM rules] and other relevant rules and the corresponding applicable penalty levels.”

It also seeks to establish penalty levels that take into consideration the nature of the breach and that are commensurate to the probable impact of the breach on the operations of the market.

The manual consolidates in a single document and harmonizes all applicable guidelines for determining penalties to avoid confusion while setting the procedures and respective obligations of responsible persons or entities with regard to the issuance of notice of penalty, remedies available to the WESM members in case there is a finding of breach.

The penalty manual also sets down the use of the collected penalties.

The WESM penalty system consists of three penalty levels. The penalty level to be imposed will depend on the nature of the breach and the circumstances surrounding the breach. The specific penalty levels to be imposed for each type of breach are provided for in a schedule of breach and penalties.

In the first level, a reprimand or a notice is sent to the WESM member that a breach has been committed, and enjoins the member from doing the same or similar act or omission that constituted the breach.

In the second level, financial penalties are imposed based on pre-set amounts according to each type of breach, and are as stated in the schedule of breach and penalties. The financial penalty may be a fixed amount or formula-based.

The third level covers escalated financial penalties in which under certain breaches, a higher financial penalty is imposed. The higher financial penalty amounts and the conditions under which they may be imposed are as stated in the schedule of breach and penalties.

Suspension and de-registration may also be imposed as a penalty for breaches explicitly specified under the market rules.

Based on the schedule of penalties, among the breaches that carry heavy penalties is failure to comply with forecast accuracy standards in respect to projected output submitted for a “must dispatch” power generating unit.

For instance, failure to comply with the prescribed mean absolute percentage error (MAPE) carries a penalty of P500,000 and P1 million under third level escalated penalties. — Victor V. Saulon

New push for BPO-worker ‘Magna Carta’ in 18th Congress

AN ORGANIZATION representing Business Process Outsourcing (BPO) workers said it will lobby Congress again to legislate reasonable work conditions for the sector, after such efforts failed in the 17th Congress.

The BPO Industry Employees Network (BIEN) told BusinessWorld that after legislators failed to pass the Magna Carta for BPO workers in the last sitting of Congress, it will try again in the 18th Congress.

BIEN is lobbying for appropriate working hours and just wages, and will solicit a manifesto among its 1.3 million workers.

“We have the manifesto. Pinapaikot namin yun (We are circulating it). We are actually gathering (signatures from) all call center employees… (If we can) get half or more than half to show that this is what we want: better working conditions; occupational safety and health standards; and security of tenure,” said BIEN Vice President Sarah Prestoza.

Ms. Prestoza noted that the organization will be pushing for fair working hours and wages since a number of BPO employees get paid less than the number of hours they work. She added that the industry needs to provide for its workers’ safety and health due to problems associated with working on the night shift.

Ms. Prestoza said union busting is also common in the call center industry, adding that some BPO companies have unjustly terminated employees for organizing. The Department of Labor and Employment’s (DoLE) position is that many BPOs are not covered by labor laws since operate in economic zones.

A Magna Carta for Call Center Workers was first proposed by the late Senator Miriam Defensor-Santiago in 2010. Former Speaker Gloria Macapagal-Arroyo and her son, former Camarines Sur Rep. Diosdado M. Arroyo, also filed a House counterpart bill in 2011. In the 17th Congress, Manila 3rd District Rep. John Marvin C. Nieto and Manila 4th District Rep. Edward Vera P. Maceda filed a similar bill that failed to pass. — Gillian M. Cortez

Are they authorized to audit you?

Authorized or not? This question is very relevant to taxpayers who are subject to a tax audit. One should at least know if the Revenue Officer (RO) conducting the audit investigation is duly armed with a valid Letter of Authority (LoA). The Tax Code, as amended, requires the Commissioner of Internal Revenue (CIR) or their duly authorized representative to issue an LoA if it will delegate the examination of a taxpayer.

Section 13 of the code mandates the issuance of an LoA before an assigned RO may examine a taxpayer and recommend the assessment of any deficiency tax due.

The Supreme Court recently ruled that an LoA is a part of the taxpayer’s right to due process. Hence, the issuance of a Preliminary Assessment Notice (PAN) and Final Assessment Notice (FAN) without a prior LoA served on the taxpayer renders the assessment void on the ground, as it is a due process violation (Medicard Philippines Inc. vs. CIR).

Is an RO required to complete an audit investigation within a specified period? And will this affect the validity of the assessment? This has been the subject of seemingly conflicting decisions of the Court of Tax Appeals (CTA). Relevant to these rulings is the BIR’s General Audit Procedures and Documentation (BIR GAPD), which provides that an RO is allowed only 120 days from the date of receipt of the LoA by the taxpayer to conduct the audit and submit the required report of the investigation. If the RO is unable to submit the final report within the 120-day period, the RO must then submit a progress report to the Head Office and surrender the Letter of Authority for revalidation.

The CTA Division viewed this rule as merely imposing an administrative liability on the part of the RO without affecting the validity of the LoA and the audit report. Citing Revenue Memorandum Circular (RMC) No. 23-2009, the Division categorically declared the LoA valid, even though the investigation and audit lasted more than 120 days without the LoA being revalidated (CTA Case No. 9199 dated Feb. 8, 2019).

Interestingly, this is not the view of the CTA en banc. In an earlier case, when the RO submitted an audit report only after the lapse of the 120-day period without revalidating the LoA, the CTA en banc ruled the RO should have just submitted a Progress Report and surrendered the LoA for revalidation. Since the LoA was not revalidated on or before the expiration of the given period, the LoA ceased to be valid (CTA EB Case No. 1535 dated Jan. 4, 2018). The Court considered the 120-day period mandatory, such that, if no LoA revalidation was made within the said period, the LoA becomes ineffective.

What is the difference between the two cases to merit conflicting CTA rulings? Comparing the two, with regards to the Division ruling, the RO who conducted the audit was duly authorized by an LoA; however, he only completed the audit after the 120-day period and without revalidating the LoA. Thus, the sole issue is whether the LoA, which was not revalidated, has lost its validity. Since RMC No. 23-2009 only imposes administrative liability on the erring RO without affecting the audit and the LoA’s validity, the CTA Division merely harmonized the said rules and declared that the failure to comply with the 120 days does not affect the validity of the LoA.

However, the issue in the en banc case revolves not only on the failure of the RO to complete the audit and revalidate the LoA within the 120-day period, but also on the authority of the RO who conducted the audit. Since the RO named in the LoA was reassigned to another district, the case was transferred to another RO through a mere referral memorandum without revalidating or issuing a new LOA.

In declaring the assessment void, the Court ruled that the RO who conducted the audit has no authority to do so, since the officer was not authorized by an LoA. The Court did not give credence to the CIR’s view that the referral memorandum derives its validity from the original LoA. The Court further explained that RMO No. 43-90 explicitly requires an LoA revalidation in case of reassignment or transfer of cases to another RO. Citing the BIR GAPD, the Court declared that, since the LoA was not revalidated, the RO who conducted the audit has no authority to conduct the investigation, thus, rendering the assessment void.

The CTA en banc has been consistent in ruling that the RO designated in the referral memorandum does not have any authority to examine a taxpayer in the absence of an LoA revalidation. In another case, it debunked BIR’s invocation of RMO No. 44-2010, which has withdrawn the need for LoA revalidations for the failure of ROs to complete the audit within the prescribed period. RMO No. 44-2010 has the same effect as RMC No. 23-2009.

The Court categorically declared RMO No. 44-2010 as invalid, as it runs counter to the provisions of Section 6(A) of the National Internal Revenue Code and the Supreme Court’s pronouncement in Medicard Philippines Inc. vs. CIR, reasoning that a mere administrative issuance cannot amend the law (CTA EB Case No. 1832 dated July 29, 2019). Will this recent development have an adverse effect on the above-cited CTA division ruling?

It is now up to the Supreme Court to settle the seeming conflict. Until then, the aggrieved taxpayer may rely on the CTA en banc’s pronouncement to challenge a deficiency tax assessment and, hopefully, tilt the scale of justice in its favor.

Let’s Talk Tax is a weekly newspaper column of P&A Grant Thornton that aims to keep the public informed of various developments in taxation. This article is not intended to be a substitute for competent professional advice.

 

Peter Irish R. De Leon is a tax associate of Tax Advisory & Compliance Division of P&A Grant Thornton, the Philippine member firm of Grant Thornton International Ltd.

pagrantthornton@ph.gt.com

Guiao: Selecting final Gilas roster not easy

By Michael Angelo S. Murillo
Senior Reporter

THE FINAL roster of the Philippine men’s national basketball team for the FIBA World Cup 2019 was unveiled on Sunday night after deliberations which head coach Yeng Guiao said were anything but easy.

After weeks of preparations and seeing which combination of players suited the team’s push for the basketball spectacle which is commencing later this week in China, the Samahang Basketbol ng Pilipinas (SBP) made known the names of the final 12 players making up Gilas Pilipinas from a pool of 19.

Selected for the team were Japeth Aguilar, Raymond Almazan, Mark Barroca, naturalized player Andray Blatche, Robert Bolick, June Mar Fajardo, Paul Lee, Gabe Norwood, CJ Perez, Roger Pogoy, Kiefer Ravena and Troy Rosario.

Left out were naturalized players Christian Standhardinger and Stanley Pringle, Marcio Lassiter, Beau Belga, Matthew Wright and Poy Erram as well as Filipino-American National Basketball Association guard Jordan Clarkson.

Seeing the efforts that the players put in during the weeks of preparation, Mr. Guiao said they had a hard time narrowing the list down but were satisfied with what they came up with, which had the nod of SBP officials, particularly chairman emeritus Manny V. Pangilinan and president Al Panlilio.

“It was tough deliberating on the final roster. We had been talking about it in the previous days. There were circumstances that also played in the decision making,” Mr. Guiao shared to members of media following their final tune-up game with the visiting Adelaide 36ers on Sunday where they lost, 85-75.

“We took into consideration what the players put in right from the start of the preparation all the way to the final day before the selection. Factored in was the health of the players. Also factored in was the cohesion that they provided with the rest of the team,” added the Gilas coach.

Messrs. Blatche, Fajardo, Lee, Aguilar and Norwood make another World Cup tour of duty after being part of the 2014 Gilas team that saw action in Spain.

Qualifier staples Rosario, Pogoy, Barroca, Almazan and Ravena, who saw his 18-month FIBA suspension lapse at the weekend, are called upon anew to represent.

Making their debut for the Gilas men’s team are Messrs. Perez and Bolick.

Messrs. Wright (tendon) and Erram (ankle) were strongly in the running for a spot in the final 12 until injuries hit them at the tailend of the preparation. Also out because of injury is Mr. Lassiter (knee).

Gilas had a break on Monday to give the players time to rest and spend time with their families.

It will practice today and tomorrow before leaving Thursday morning for China where it will continue practicing.

The FIBA World Cup happens from Aug. 31 to Sept. 15.

The Philippines, which is making its second straight appearance, is bracketed in Group D along with Serbia, Italy and Angola in the opening round. It begins its campaign on opening day versus Italy.

McIlroy banks $15M with Tour Championship, FedEx Cup wins

VICTORY at the Tour Championship in Atlanta on Sunday will not completely erase the disappointment of a futile season at the majors for Rory McIlroy, but it may be worth far more than the $15 million he received for winning the FedEx Cup.

The confidence gained from playing his best on a big stage and beating nemesis Brooks Koepka can only help his self-belief after a disappointing final round when paired with Tiger Woods at the same event last year.

The Northern Irishman emphatically outduelled Americans Koepka and Xander Schauffele with a closing four-under 66 at East Lake en route to the biggest prize in the sport.

He finished at 18-under, four shots ahead of Schauffele to claim the season-long FedEx Cup for the second time on the PGA Tour, after his 2016 win.

It was a sweet stroll up the final hole for McIlroy, who last year had to endure the walk alongside a victorious Woods as the heaving gallery chanted, “Tiger, Tiger.”

This time, chants of “Rory, Rory” rang out from the crowd.

“I must say I didn’t enjoy that walk last year like everyone else did,” McIlroy said. “I never took the fight to Tiger.

“It’s amazing how different things can be in a year.”

McIlroy took the fight to Koepka just four weeks after being given a lesson by the American when they were paired in the final round at a World Golf Championships event in Memphis.

“Going up against the number one player in the world today, he got one over me in Memphis and I wanted to get some revenge,” McIlroy said.

“To play like that alongside Brooks, get the win, win the FedEx Cup, it’s awesome.”

Schauffele shot a closing 70, while Koepka was unusually error-prone in a 72 to tie for third with Justin Thomas, five shots behind.

McIlroy, who teed off one stroke behind Koepka, hit the ball long and straight as he split fairway after fairway.

Koepka, on the other hand, was often wayward. At the par-four seventh he lost a ball after hooking a tee shot into the trees and took a double-bogey.

McIlroy picked up three shots there with a birdie and from that point Schauffele was his main challenger.

The Northern Irishman opened the door slightly with bogeys at the 14th and 15th holes, but slammed it shut again with a clutch eight-foot par putt at the 16th.

THIRD WIN
McIlroy’s third win of the year followed triumphs at the Players Championship and Canadian Open.

His major results were disappointing, however, particularly a missed cut at the British Open in his homeland at Royal Portrush.

“To win three times is awesome,” he said.

“I feel like I could have won more but to win the FedEx cup again, to persist the whole way throughout the year, to keep giving myself chances, even when I was getting knocked back and not be denied, I’m very proud of myself.”

The Tour Championship used a staggered scoring system for the first time, based on accumulated points.

Hence, top seed Thomas started at 10-under, the second seed at eight-under and so on down to even par for the 26th to 30th-ranked players in the field.

This was done to ensure that the winner of the season-long FedEx Cup points race and the winner of the Tour Championship were guaranteed to be the same person.

Fifth seed McIlroy, who started on five-under, shot the best score of the field anyway, 13-under-par 267.

“My goal was to shoot the lowest score of the week,” he said. — Reuters

1...10,56310,56410,565...14,238Page 10,564 of 14,238
ADVERTISEMENT
ADVERTISEMENT
© 2024 BusinessWorld Publishing.
All rights reserved.
Read our privacy guidelines
Facebook Instagram Linkedin X Youtube