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Dole tax petition vs Davao junked

CTA.JUDICIARY.GOV.PH

THE Court of Tax Appeals (CTA) junked the petition of Dole Philippines, Inc.-Stanfilco Divison which challenged Davao City’s Watershed Code and environmental tax, citing lack of jurisdiction.

The tax court’s Second Division said the environmental tax is a regulatory fee, not a tax intended to generate revenue.

“Correspondingly, this Court is without jurisdiction to entertain the present appeal of the assailed Decision and assailed Order issued by the Regional Trial Court (RTC),” the 17-paged decision, penned by Associate Justice Corazon G. Ferrer-Flores, read.

“The Court finds that the Environmental Tax imposed under Section 17 of Davao City Ordinance No. 0310-07 is not a tax,” it added in a decision publicized on Oct. 2.

The case began when Dole, Inc. challenged Davao City’s Watershed Code, enacted by then-Mayor Rodrigo R. Duterte in 2007, seeking to nullify the law and declare the collection of the environmental tax incorrect and illegal.

It also asked the local government, under his successor Sara Z. Duterte-Carpio, to refund the P3.32 million environmental tax that it had paid under protest. 

The banana exporter initially filed its petition before the Davao City RTC but did not win, prompting to elevate the case before the CTA.

The firm argued the environmental fee was excessive, oppressive, confiscatory, arbitrary, and discriminatory, adding it was not a regulatory fee but a tax.

Assuming it is a fee, it should be declared invalid for imposing an excessive amount, it said.

The CTA clarified that if the main goal of an imposition is to raise revenue, it is considered a tax. However, if it is mainly meant to regulate, it is classified as a regulatory fee even if it also generates some revenue. — Chloe Mari A. Hufana

P1.6-B Sorsogon assets flagged

PHILIPPINE STAR/ MICHAEL VARCAS

THE Commission on Audit (CoA) has flagged the provincial government of Sorsogon over its failure to insure P1.62 billion worth of properties, risking massive loss of government assets due to man-made or natural calamities.

State auditors said only P671.2 million, 29.2% of P2.3 billion assets of Sorsogon provincial government were insured.

This leaves P1.62 billion of properties at risk of damage, violating the Property Insurance Law of 1951 and a CoA circular requiring all government assets and properties to be insured by the Government Service Insurance System.

“Examination of the insurance policies over properties likewise disclosed that only 29.26% or ₱671,201,751 of its ₱2,293,533,967 insurable properties were covered by insurance policies for various risks such as fire, lightning, earthquake, typhoon and flood, while 70.74% or ₱1,622,332,215 were not covered by any insurance policy,” part of the CoA report stated.

“The noncompliance with the requirement denied the government adequate and reliable protection against any damage to or loss of its properties or assets and interests due to fortuitous events and/or casualty,” state auditors added.

The Provincial Government of Sorsogon did not immediately reply to a Facebook Messenger chat seeking comment. — Kenneth Christiane L. Basilio

Isabela City now ‘Abu Sayyaf free’

COTABATO CITY — Officials have declared Isabela City in Basilan as fully cleared from the presence of the Abu Sayyaf terror group, a result of cross-section peace initiatives.

Brig. Gen. Alvin V. Luzon, commander of the Army’s 101st Infantry Brigade in Basilan, told reporters via Facebook Messenger on Sunday that credit for the feat should go to the Isabela City Peace and Order Council and the administration of Basilan Gov. Hadjiman H. Salliman.

The multi-sector, inter-agency Isabela City peace and security council, led by Mayor Sitti Djalia Turabin-Hataman, has members from the local Muslim and Christian religious communities.

Luzon, local leaders led by Ms. Turabin-Hataman and her spouse, Basilan Congressman Mujiv S. Hataman, and Army Brig. Gen. Leonardo I. Peña, who is commander of the anti-terror Joint Task Force Orion, together officiated last week the symbolic declaration of Isabela City as “Abu Sayyaf free,” meaning totally liberated from the presence of the group.

Units of the 101st Infantry Brigade, the Basilan Provincial Police Office, Salliman and his constituent-mayors in the province had earlier declared, one after another, as Abu Sayyaf free all the 11 towns in the province and its second city, Lamitan, which has 45 barangays. — John Felix M. Unson

Youth-laden ROS faces titleholder TNT in Governors’ Cup semifinals

RAIN OR SHINE ELASTO PAINTERS — PBA.PH

IT WAS A GREAT TEST of toughness against Magnolia and because of it, Rain or Shine (ROS) coach Yeng Guiao believes his youth-laden charges will be better equipped when they challenge titleholder TNT in the PBA Governors’ Cup semifinals.

“We’re a young team and to beat Magnolia in a (sudden death) Game 5, where everything was at stake (was a big morale boost),” Mr. Guaio said after finishing off the Hotshots, 114-110, Saturday night.

That series was an up-and-down for the Elasto Painters, who showed stern stuff bouncing back from deflating losses in Games 2 and 4, 69-121 and 100-129, respectively, and getting the job done in a thrilling KO.

As Magnolia was the more playoffs-experienced team, Mr. Guiao told his young guns like Jhonard Clarito, Adrian Nocum, Andrei Caracut, Keith Datu, Anton Asistio and Felix Lemetti to watch the Hotshots’ veterans closely and pick up a thing or do.

Well, that’s exactly what the E-Painters’ did with big help from the ever dependable Aaron Fuller.

In the best-of-seven semis, it will essentially be the same for ROS against the Tropang Giga, who have at their disposal the likes of Jayson Castro, Kelly Williams, RR Pogoy, the fast-maturing Calvin Oftana and prolific reinforcement Rondae Hollis-Jefferson.

And just like Magnolia, the Chot Reyes-coached TNT is a heavyweight with defensive orientation.

The best-of-seven Final Four between TNT, the topnotcher of Group A, and ROS, the No. 1-ranked squad of Group B, will blast off on Wednesday.

The protagonists will engage in a playoffs showdown for the second straight conference after fighting in a best-of-three in the Season 48 Philippine Cup quarterfinals. That went the full distance with Elasto Painters prevailing by the skin of their teeth in the decider, 110-109. — Olmin Leyba

UST blasts Mapua in straight sets, 25-17,  25-17, 25-20, to stay perfect in Shakey’s Super League

ANGGE POYOS

Games on Friday
(Rizal Memorial Coliseum)
1 p.m. – EAC vs NU
3:30 p.m. – La Salle vs Letran
6 p.m. – Perpetual vs UST

UNTIRING University of Santo Tomas (UST) walloped Mapua University, 25-17, 25-17, 25-20, to stay perfect in the 2024 Shakey’s Super League (SSL) Collegiate Pre-Season Championship on Sunday at the Rizal Memorial Coliseum.

It’s the second straight win in second straight day for the Tigresses after also trouncing Lyceum of the Philippines University, 25-16, 28-30, 25-17, 25-14 on Saturday.

Ace spiker Angge Poyos played only the first set as Kyla Cordora, Xyza Gula and Margaret Altea took the cudgels with nine, eight and seven points, respectively.

Eight more players racked up the scoring board for the Tigresses with setter Cassie Carballo orchestrating their attack in their third straight game overall after a championship run in V-League Women’s Collegiate Championship on Friday.

With Ms. Poyos clinching Tournament MVP and Ms. Carballo nabbing Finals MVP honor, Santo Tomas won its first title in any major league for the first time in 14 years and it’s eyeing the same in the SSL.

At 2-0 with a chance to close in on a sweep against University of Perpetual Help next week, the Tigresses are poised for a quarterfinal stint along with fellow unbeaten University of the East (3-0) in Pool B.

Meanwhile, University of the Philippines (1-1) registered its first win after taking down Colegio de San Juan de Letran, 17-25, 25-18, 25-18, 25-23, in Pool C.

Kassandra Doering had seven blocks for 16 points while Joan Monares and Niña Ytang had 11 and 10 points, respectively, for the Fighting Maroons in avenging their debut loss to De La Salle University. — John Bryan Ulanday

Alex Verdugo, Yankees clip Royals to open ALDS

NEW YORK — The final three-plus months of Alex Verdugo’s first regular season with the New York Yankees were so frustrating that there were some doubts if he would be in the starting lineup for Game 1 of the American League Division Series (ALDS).

Though the Yankees decided to go with Verdugo mostly because of his better outfield defense than novice rookie Jasson Dominguez, the left fielder delivered on both ends to help the Yankees open the postseason on a positive note.

Verdugo hit a tiebreaking RBI single with two outs in the seventh inning and the New York Yankees opened the ALDS with a 6-5 victory over the Kansas City Royals on Saturday night.

Game 2 is scheduled for Monday night in New York.

Verdugo reached base three times, doing so six days after delivering a go-ahead two-run single in the eighth of the Yankees’ regular-season finale, a 6-4 win over the Pittsburgh Pirates on Sunday.

With Jazz Chisholm Jr. on second after opening the seventh inning Saturday with a single and a stolen base, Verdugo lined an 0-1 cutter from Michael Lorenzen (0-1) into left field. He advanced to second when Chisholm scored standing up ahead of left fielder MJ Melendez’s throw to the plate.

“Just trusting that he’s going to be ready for the moment, his experience, his track record and he’s going to be ready for the moment,” Yankees manager Aaron Boone said of Verdugo. “It’s been a little bit of an up-and-down, tough second half for him offensively, but the guy’s a good hitter.”

Acquired in a rare trade with the rival Boston Red Sox in December, Verdugo started the season decently but tailed off considerably, finishing with a .233 average that was the lowest of any of his full seasons. He ended the campaign with four hits in his final 26 at-bats but capped New York’s 94-win regular season with a two-run bases-loaded single on Sunday in the eighth to beat the Pirates before coming through again Saturday.

Before his clutch hit, Verdugo made a highlight-reel juggling catch on Michael Massey’s drive to end the fourth and strand two. He tracked down the ball as it glanced off his wrist and bounced off his chest before completing the catch with his bare left hand.

Verdugo’s clutch hit occurred after the Yankees tied the score in the sixth on a run-scoring bloop single by Austin Wells, who also drew one of New York’s two bases-loaded walks in the fifth. Anthony Volpe had the other bases-loaded free pass, but his error in the top of the sixth eventually led to Garrett Hampson’s pinch-hit two-run single that gave the Royals a 5-4 lead.

Volpe committed a throwing error on a forceout attempt at second after a grounder by Tommy Pham, and the misplay proved costly when Hampson hit his two-run single off Tim Hill through a drawn-in infield.

Verdugo singled in the third and scored on a two-run homer by Gleyber Torres. Verdugo also opened the home half of the sixth with a walk and scored on Wells’ game-tying base hit.

Melendez hit a two-run homer and Pham lifted a sacrifice fly to center against New York starter Gerrit Cole as the Royals took a 3-2 lead through four innings.

Cole allowed four runs (three earned) on seven hits in five-plus innings, getting lifted after Yuli Gurriel opened the sixth with a single. The reigning AL Cy Young Award winner struck out four, walked two and threw 80 pitches.

Clay Holmes relieved Hill in the sixth, got the final two outs of the frame and pitched a 1-2-3 seventh. Tommy Kahnle went two-thirds of an inning, and Luke Weaver recorded a four-out save.

Kansas City starter Michael Wacha allowed three runs on four hits in four-plus innings. He struck out three and walked three as the Royals tied a season high by issuing eight walks. — Reuters

Napheesa Collier, Lynx have Sun on brink of elimination in Game 4

AFTER taking a 1-0 lead on the road, the Connecticut Sun now face elimination from the WNBA postseason at home when they host the Minnesota Lynx on Sunday in a pivotal Game 4 of a five-game semifinal series in Uncasville, Conn.

The Sun trail the Lynx 2-1 in the series after Minnesota claimed two straight victories. Most recently, the Lynx won 90-81 on Friday night in Connecticut behind 26 points and 11 rebounds from All-Star forward Napheesa Collier.

Connecticut had been able to contain Collier early in the series — holding her to a combined 28 points on 10-of-30 shooting in the first two games — but the Defensive Player of the Year bounced back in a big way on offense in Game 3. Collier shot 11 of 19 from the floor and dished out three assists. Collier had eight points in the fourth quarter to help the Lynx hold on for the win.

“There was nobody more frustrated than Phee over the past couple games,” said Cheryl Reeve, the Lynx head coach who also coached Collier on gold medal-winning Team USA at the Paris Olympics this summer.

Combined with her performances in a first-round sweep of the Phoenix Mercury, Collier became the first player in Lynx history to have multiple games of at least 25 points and 10 rebounds in the postseason, according to ESPN.

“I think just staying aggressive,” Collier said Friday of her bounce-back offensive output. “Everybody has off-nights, of course, but we won the game. That’s all that matters. But I knew I needed to come in today being aggressive and keep that for the next game.”

The Sun lost despite having all five starters score in double figures, led by Brionna Jones’ 21 points. It was the first time since Sept. 17 that Jones had scored in double figures.

For Connecticut, the game may have gone differently had Marina Mabrey (14 points) shot a little bit better than 6 of 20 from the floor and 1 of 11 from 3-point range. It was Mabrey’s worst shooting performance in 11 games. The last time she made less than 10 percent of her 3-point attempts was a Sept. 3 loss to the Seattle Storm (0 for 5).

As a team, the Sun shot just 3 of 20 from 3-point range and missed five free throws in 23 attempts.

“A lot of us have been in this position before and have come out of it,” Sun forward Alyssa Thomas said. “If you want your season to continue, you want to make it to the finals, you’ve got to give it everything that you’ve got.” — Reuters

Mets pummel Phillies’ bullpen for comeback victory in Game 1

PHILADELPHIA — Blanked for seven innings by Philadelphia starter Zack Wheeler, the New York Mets erupted for six runs against the Phillies’ bullpen in the final two innings Saturday to earn a 6-2 victory in Game 1 of a National League Division Series.

Brandon Nimmo’s RBI single off Matt Strahm snapped a 1-1 tie in the eighth after Mark Vientos delivered the tying run with a run-scoring single of his own. Pete Alonso, J.D. Martinez and Starling Marte also drove in runs in the inning for the Mets, who came from behind in the late innings for the third time in six days.

Nimmo, who went 2-for-4 in the game, delivered another run with a single in the ninth off Tanner Banks.

Kyle Schwarber hit a leadoff homer in the bottom of the first for the Phillies. Schwarber went 2-for-5, but the Phillies managed only three other hits against five Mets pitchers. The last was a pinch-hit RBI double by Kody Clemens in the ninth.

Wheeler allowed a single hit over seven innings before giving way to Jeff Hoffman to start the eighth. Francisco Alvarez opened the inning with a single and Francisco Lindor then walked after falling behind in the count 0-2.

Vientos then lined Hoffman’s 1-2 slider into left field to score pinch runner Harrison Bader. Strahm relieved Hoffman, but Nimmo’s single on an 0-2 pitch brought Lindor home. Alonso’s sacrifice fly, also on an 0-2 pitch, made it 3-1. — Reuters

Real Madrid back to winning ways with win over Villarreal in La Liga

MADRID — An early Federico Valverde strike helped Real Madrid to a 2-0 home win against Villarreal in LaLiga on Saturday as Carlo Ancelotti’s men returned to winning ways after two games without a victory.

Real took the lead in the 14th minute with a stunning long-range shot by Valverde following a Luka Modric corner, before Brazilian forward Vinicius, Jr sealed the winin the 73rd with an unstoppable strike into the top corner from outside the box.

The defending champions were in need of a positive performance after losing 1-0 at Lille in the Champions League on Wednesday and being held to a 1-1 stalemate at Atletico Madrid in their previous LaLiga game.

Real, second in the standings, provisionally moved level with Barcelona on 21 points before the LaLiga leaders visit 11th placer Alaves on Sunday.

Villarreal, who have made a strong start to their league campaign with five wins from nine games, are third with 17 points. — Reuters

Liberty-Aces series

Head coach Sandy Brondello didn’t feel comfortable at the break. The Liberty were determined to finish off the Aces via a sweep of their semifinal round series, but the first half of Game Three featured a lot of keeping pace and little of forging ahead. Unlike in Game Two, when they translated a fast start into an easy win, the set-to had them quickly giving up any advantage they had early on. And so she was keen on impressing upon her charges the importance of finishing off the defending champions at the first opportunity.

As things turned out, the Liberty not only proved unable to complete the task; they came nowhere close to being themselves. They were utterly shellacked by the Aces in the third quarter, turning a seeming slugfest into a veritable rout; they managed to score only six points while giving up 21, as much an indication of their shocking ineptitude as of their rivals’ resolve. And by the time the payoff period came around, they stared at an 18-point deficit that made the outcome all but inevitable.

Needless to say, Brondello was alarmed by the Liberty’s evident lack of spirit, especially during a critical stretch in the last two stanzas that had them down by as much as 25. Unfortunately, not even a bevy of timeouts could stem the tide, what with their foils buoyed by momentum and bent on knocking them out, and, in no small measure, aided by their glaring lack of competitiveness. Forget about the final score that reflected a much lower 14-point difference; garbage time came early, enabling them to regain some measure of pride as the Aces pulled starters and brought in erstwhile benchwarmers.

The fiasco notwithstanding, the Liberty remained upbeat in the aftermath. They acknowledged their shortcomings in Game Three, but vowed to be better — make that much better — today, and certainly more in line with their capabilities. Closing out a series, especially against the reigning titleholders, will not be easy, but Brondello has pledged to get them to be more prepared for the endeavor. And though they will again be plying their trade in front of 10,000-plus hostile fans at the Michelob ULTRA Arena, they figure to be all the better for their immediate past experience.

 

Anthony L. Cuaycong has been writing Courtside since BusinessWorld introduced a Sports section in 1994. He is a consultant on strategic planning, operations and human resources management, corporate communications, and business development.

Thousands around the world hold protests vs Middle East war

PEOPLE raise Palestinian flags during a protest against Israel and in support of Palestinians outside the US embassy in Jakarta, Indonesia, Oct. 6, 2024. — REUTERS

PARIS/WASHINGTON — Thousands of protesters took to the streets in major cities around the world on Saturday demanding an end to bloodshed in Gaza and the wider Middle East as the start of Israel’s war in the Palestinian enclave approaches its first anniversary.

About 40,000 pro-Palestinian demonstrators marched through central London while thousands gathered in Paris, Rome, Manila, Cape Town and New York City. Demonstrations were also held near the White House in Washington, protesting US support for its ally Israel in military campaigns in Gaza and Lebanon.

Protesters at Times Square in New York City wore the black-and-white keffiyeh scarf and chanted slogans like: “Gaza, Lebanon you will rise, the people are by your side.” They held banners demanding an arms embargo against Israel.

The latest bloodshed in the decades old Israeli-Palestinian conflict was triggered when Palestinian Hamas militants attacked southern Israel on Oct. 7, 2023, killing 1,200 people and taking about 250 as hostages, according to Israeli tallies.

Israel’s subsequent military assault on Gaza has killed nearly 42,000 Palestinians, according to Gaza’s health ministry. It has also displaced nearly all of the enclave’s 2.3 million people, caused a hunger crisis and led to genocide allegations at the World Court that Israel denies.

“Unfortunately, in spite of all our good will, the Israeli government does not take any notice, and they just go ahead and continue their atrocities in Gaza, now also in Lebanon and in Yemen, and also probably in Iran,” said protestor Agnes Kory in London.

“And our government, our British government, unfortunately is just paying lip service and carries on supplying weapons to Israel,” she added.

In Jakarta, the capital of Indonesia, the world’s most populous Muslim-majority country, at least 1,000 pro-Palestinian protesters gathered on Sunday morning near the US embassy demanding that Washington stop supplying weapons to Israel.

In London, counter-demonstrators waved Israeli flags as pro-Palestinian marchers walked by. There were 15 arrests on the sidelines of the protests, according to police, who did not specify whether those detained were from either group.

In Rome, police fired tear gas and water cannons after clashes broke out. Around 6,000 protesters defied a ban to march in the city center ahead of the Oct. 7 anniversary of Hamas’ attack.

In Berlin, a protest drew about 1,000 demonstrators with Palestinian flags, who chanted: “One Year of Genocide.”

German demonstrators also criticized what they called police violence against pro-Palestinian protesters. Israel supporters in Berlin protested against rising antisemitism. Scuffles broke out between police and pro-Palestinian protesters.

Over the past year, the scale of the killing and destruction in Gaza has drawn some of the biggest global protests in years, including in the U.S., that saw weeks of pro-Palestinian college campus encampments.

Advocates have raised concerns over alarming antisemitic and Islamophobic rhetoric in some protests and counter-protests related to the conflict. Rights advocates have warned about rising threats against Muslims and Jews around the world.

Israel’s supporters have expressed offense over some slogans that they say question Israel’s right to exist as a nation. Pro-Palestinian protesters point to violence such as an incident in which a mob in California attacked an encampment of demonstrators in April.

The war in Gaza has spread through the region, drawing in Iran-backed groups in Lebanon, Yemen and Iraq. Israel has sharply escalated a campaign in recent weeks in Lebanon that has killed hundreds, wounded thousands and displaced over a million. Israel says it is attempting to dismantle Lebanese Iran-backed Hezbollah militants.

Iran launched a barrage of missiles against Israel this week to which Israel has not yet responded. Israeli operations have also escalated in the Israeli-occupied West Bank since the start of the war in Gaza.

In Paris, Lebanese-French protestor Houssam Houssein said: “We fear a regional war, because there are tensions with Iran at the moment, and perhaps with Iraq and Yemen.” Houssein added: “We really need to stop the war because it’s now become unbearable.”

Israel has faced wide international condemnation over its actions in Gaza, and now over its bombarding of Lebanon. Prime Minister Benjamin Netanyahu says his government is acting to prevent a repeat of the Oct. 7 assault by Hamas and Washington says it supports Israel’s right to self-defense.

US government agencies warned on Friday that the anniversary of Hamas’ Oct. 7 attacks may motivate individuals to engage in violence. Officials in some states, including New York, raised security measures out of caution.

In Manila, activists clashed with anti-riot police after they were blocked from holding a demonstration in front of the US embassy in the Philippine capital against Washington’s support for Israel.

International diplomacy backed by the US has so far failed to clinch a ceasefire deal in Gaza. Hamas wants an agreement that ends the war while Israel says fighting can end only when Hamas is eradicated. — Reuters

‘Impossible’ for People’s Republic of China to be our motherland — Taiwan president

Honor guards raise a Taiwanese flag at the Presidential Palace in Taipei, Taiwan Oct. 10, 2023. — REUTERS

TAIPEI — It is “impossible” for the People’s Republic of China to become Taiwan’s motherland because Taiwan has older political roots, the island’s President Lai Ching-te said on Saturday.

Mr. Lai, who took office in May, is condemned by Beijing as a “separatist.” He rejects Beijing’s sovereignty claims, saying that the island is a country called the Republic of China, which traces its origins back to the 1911 revolution that overthrew the last imperial dynasty.

The republican government fled to Taiwan in 1949 after losing a civil war with Mao Zedong’s communists who set up the People’s Republic of China, which continues to claim the island as its “sacred” territory.

Speaking at a concert ahead of Taiwan’s national day celebrations on Oct. 10, Mr. Lai noted that the People’s Republic had celebrated its 75th anniversary on Oct. 1, and in a few days it would be the Republic of China’s 113th birthday.

“Therefore, in terms of age, it is absolutely impossible for the People’s Republic of China to become the ‘motherland’ of the Republic of China’s people. On the contrary, the Republic of China may be the motherland of the people of the People’s Republic of China who are over 75 years old,” Mr. Lai added, to applause.

“One of the most important meanings of these celebrations is that we must remember that we are a sovereign and independent country,” he said.

China’s Taiwan Affairs Office did not answer calls seeking comment outside of office hours.

Chinese President Xi Jinping, in a speech on the eve of his country’s national day, reiterated his government’s view that Taiwan was its territory.

Mr. Lai, who will give his own keynote national day address on Oct. 10, has needled Beijing before with historical references.

Last month, Mr. Lai said that if China’s claims on Taiwan were about territorial integrity then it should also take back land from Russia signed over by the last Chinese dynasty in the 19th century. — Reuters

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