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Jeepney consolidation reopened

PHILIPPINE STAR/WALTER BOLLOZOS

THE Department of Transportation (DoTr) has reopened the application for public utility vehicle (PUV) consolidation under the Public Transport Modernization Program.

In a statement on Wednesday, the agency said it had issued an order allowing PUV operators and drivers to join existing cooperatives or form their own to operate in routes with similar entities.

Consolidation is a key component of the modernization program, which seeks to eventually replace traditional jeepneys with modern ones that have at least a Euro-4-compliant engine to cut pollution.

According to the Department Order No. 2025-009 dated May 6, it only covers public utility jeepney and UV Express operators who had secured a provisional authority but failed to consolidate, or those with pending applications.

All provisional authorities secured by unconsolidated entities will be valid for a year and must be renewed in line, it said. — Ashley Erika O. Jose

Davao eyed for global hub

ANFLO Industrial Estate (AIE), the agro-industrial hub of Davao-based property developer Damosa Land, Inc (DLI), is looking to position Mindanao as an investment hub amid global economic challenges.

“AIE’s thriving ecosystem reflects the rising investor confidence in Mindanao as a strategic growth corridor,” DLI President and Chief Executive Officer Ricardo F. Lagdameo said in a statement on Wednesday. “We are unlocking long-term value for investors while creating inclusive, sustainable opportunities for the region.”

The 63-hectare masterplanned industrial space is near the Davao International Container Terminal, giving tenants direct access to international shipping routes and linking them to regional and global markets.

AIE offers fiscal and nonfiscal incentives to help ensure locators’ competitiveness amid global tariff uncertainties, it said.

The estate hosts 24 locators from six countries and is registered with the Philippine Economic Zone Authority. — Beatriz Marie D. Cruz

Nutrition plan rollout sought

PHILIPPINE STAR/MIGUEL DE GUZMAN

A PHILIPPINE senator on Wednesday called on the Education and Social Welfare departments and National Nutrition Council to ensure the proper rollout of government nutrition interventions to curb illiteracy.

“Nutrition and literacy are closely correlated,” Senator Sherwin T. Gatchalian said in a statement. “One way to break the cycle of illiteracy is to make sure that our children receive proper nourishment.”

“When children get the proper nutrition they need, they study better, learn better and become functionally literate,” he added.

About 19 million Filipinos with basic education are functionally illiterate, according to the Philippine Statistics Authority.

Mr. Gatchalian said provinces and highly urbanized cities with high stunting rates among children below five years old also suffer from low literacy rates. He added that local governments should also establish literacy councils as a solution. — Adrian H. Halili

E-games dislodge casinos as PAGCOR’s top earners

PAGCOR EGAMES FB PAGE

GROSS gaming revenue (GGR) rose 27.44% to P104.12 billion in the first quarter, with electronic gaming out-earning physical casinos for the first time, the Philippine Amusement and Gaming Corp. (PAGCOR) said.

In a statement on Wednesday, PAGCOR Chairman and Chief Executive Officer Alejandro H. Tengco said e-games and e-bingo “made history” as the main revenue driver for the first time.

The electronic businesses generated P51.39 billion or 49.36% of GGR.

He described the outcome as a “critical turning point” with electronic gaming now the industry’s leading revenue generator.

Licensed casinos generated P49.28 billion in GGR, accounting for 47.32% of the total.

“There was a minimal dip in revenue from licensed casinos… due to growing digital competition,” Mr. Tengco said, adding however that casinos continue to demonstrate “sustained strength and relevance.”

“The performance of brick-and-mortar casinos remains critical to industry stability, particularly in tourism-driven hubs such as Entertainment City and Clark.”

PAGCOR-operated casinos accounted for 3.31% of the GGR, or P3.45 billion in revenue.

Mr. Tengco said the shift indicates “how consumer behavior continues to shift towards digital, on-demand gaming experiences, accelerated by greater access to mobile technology.” — Aubrey Rose A. Inosante

Philippines’ March factory output contracts for second month

Workers are seen inside a manufacturing facility in Sto. Tomas, Batangas, March 1, 2023. — PHILIPPINE STAR/KJ ROSALES

MANUFACTURING OUTPUT contracted for a second consecutive month in March, though the decline narrowed as food output increased, the Philippine Statistics Authority (PSA) reported on Wednesday.

According to the preliminary results of the PSA’s Monthly Integrated Survey of Selected Industries, factory output, as measured by the volume of production index, fell 0.2% year on year in March.

The revised February reading had been a 1.5% decline, while the March 2024 contraction had been 5.1%.

March output rose 2.3% month on month, reversing the 3.5% drop in February. Stripping out seasonality, manufacturing output that month dropped 4%.

The PSA said the industries that drove manufacturing growth were food products (18.8% in March from 13.5% in February); transport equipment (5% from -1.3%); and computer, electronic and optical products (2.2% from 0.2%).

“Aside from seasonality, the first quarter being a slow production month across industries, I believe manufacturing industries are anxious about possible production disruptions due to US President Donald J. Trump’s tariffs. Hence, many consider it wise to exhaust existing inventory before beginning a new production cycle,” Cid L. Terosa, senior economist at the University of Asia and the Pacific, said via e-mail.

Mr. Terosa also added that monetary policy and inflationary pressures in March contributed to the flat performance of manufacturing.

“Many industries are awaiting possible changes in interest rates in the next quarter,” Mr. Terosa said.

In April, Mr. Trump announced a schedule of “reciprocal” tariffs on most US trading partners, with Philippine goods being assigned the second-lowest rate in Southeast Asia of 17%.

The Monetary Board resumed its easing cycle, lowering the target reverse repurchase rate by 25 basis points to 5.5%.

Rates on the overnight deposit and lending facilities were also cut to 5% and 6%, respectively.

“Soft manufacturing activity may be tied to the lingering concerns about the impending tariff trade wars.  The contraction tracked the negative PMI report in March as well,” Nicholas Antonio T. Mapa, chief economist at Metropolitan Bank & Trust Co., said in an e-mail.

The S&P Global Philippine Manufacturing Purchasing Managers’ Index (PMI) was 49.4 in March, against the 51 reading in February.

PMIs are a forward-looking gauge of manufacturing activity, reflecting the raw materials ordered for future processing into manufactured goods.

A PMI reading below 50 points to a contraction in future manufacturing activity, while expansions are signaled by PMIs above 50.

Philippine Chamber of Commerce and Industry Honorary Chairman Sergio R. Ortiz-Luis, Jr., said by telephone that manufacturing generally improved in line with the broader economy.

“The supply chains continue to improve. And I think it was a trend, especially in manufacturing. Production output in April will be better,” Mr. Ortiz-Luis said.

Capital utilization averaged 76.2% in March, against the 75.9% posted in February. All industry categories averaged capacity utilization of more than 50% during the month.

Going forward, Mr. Mapa said that manufacturing production may be more driven by the trade outlook.

“Domestic demand may offset the moderation in export demand however as domestic economic activity remains robust,” Mr. Mapa said.

“Manufacturing output in April will be slower than last year and March 2025. Heightened trade tension between the US and China plus weak export markets have made prospects for manufacturing production dimmer,” Mr. Terosa said. — Lourdes O. Pilar

ASEAN-Canada FTA talks making ‘slow’ progress

REUTERS

NEGOTIATIONS for a free trade agreement (FTA) between Canada and the Association of Southeast Asian Nations (ASEAN) are proceeding slowly, with an extension deemed possible beyond the timeline of the end of 2025, the Department of Trade and Industry said.

Bureau of International Trade Relations Director Marie Sherylyn D. Aquia said that among the country’s key interests under the ASEAN-Canada FTA (ACAFTA) is the facilitation of economic growth.

“Based on the results of the joint feasibility study, there will be an increase in Philippine gross domestic product by 2.63%, resulting from improved market access, the reduction in non-tariff measures, and improvements in trade facilitation,” she said at a public consultation organized by the Tariff Commission.

The FTA is also expected to attract more investment from Canada and to improve Philippine penetration of Canadian markets.

“We think that an FTA with Canada will provide a stable and predictable legal regime and business environment, including preferential treatment for Canadian businesses, which would help facilitate the flow of Canadian investment into our country,” Ms. Aquia said.

She also added that the Philippines hopes through ACAFTA to retain the concessions granted to the Philippines under Canada’s General Preferential Tariff (GPT) scheme.

“Right now, the Philippines receives preferential tariffs from Canada under the GPT… subject to certain conditions and criteria. And the Philippines intends to maintain these concessions through ACAFTA and secure preferential treatment,” she said.

She described the progress of the ACAFTA negotiations as slow, with only 3% of the text agreed upon after nine rounds of negotiations since 2023.

“While the goal is to substantially conclude the negotiations by 2025, there are ongoing deliberations about whether an extension will be needed to resolve remaining issues and ensure a comprehensive agreement,” Ms. Aquia said.

“In terms of the progress on chapters, as of now, there has been no substantial conclusion on all the chapters of the agreement, with certain areas still requiring further clarification and alignment among all the parties,” she added.

Meanwhile, market access offers are expected to be presented in the second quarter of the year, which will allow ASEAN countries and Canada to propose tariff reductions, market openings, and other trade benefits for key industries.

“In the remaining round of negotiations, there are three rounds left for 2025, and negotiators are aiming to finalize all the key issues to bring the agreement closer to completion,” she said.

“The progress has been slow, but the momentum has been picking up. Hence, there is movement on the market access offers,” she added.

Canada was the 20th largest trading partner of the Philippines last year.

“As of 2024, Canada accounts for approximately 0.8% of the Philippines’ total exports and 0.7% of its total imports,” she said.

“While these figures may seem modest, they reflect a stable and growing trade partnership with opportunities for expansion through deeper economic operations and potential trade agreements,” she added.

The top Philippine exports to Canada are ignition wiring sets for vehicles, electronic integrated circuits, vacuum cleaners, machines for the reception, conversion, and transmission of voice, and static converters.

Meanwhile, the top Philippine imports from Canada are precious metal ores and concentrates, copper ores and concentrates, frozen meat of swine, wheat and meslin, and frozen hams.

Within ASEAN, Vietnam is the largest exporter to Canada, and the Philippines sixth.

“As you well know, Vietnam is also a competitor to the Philippines. Hopefully, through the ACAFTA, we will also be able to get a share of some of the exports,” she added.

She said the agreed base rate is the most favored nation rate in 2023, under which Canada has a total of 7,260 tariff lines, of which 2,516 involve Philippine exports.

Some 1,461 tariff lines are duty-free, 44 are levied a specific tariff, 646 are levied less than 10% tariffs, and 365 are levied tariffs of between 10% and 20%. These lines exclude goods shipped under the GPT scheme.

Meanwhile, the Philippines has 11,612 tariff lines, with 2,568 covering imports from Canada.

Federation of Free Farmers National Director Raul Q. Montemayor said that the Philippines should keep competition in mind while negotiating for ACAFTA.

“When we negotiate for tariff concessions… any concession that we get is also a concession for our competitors. They will enjoy the same tariff treatment as what we enjoy under this negotiation,” Mr. Montemayor said.

“We might get a very low tariff for a certain commodity that we want to push, but that tariff rate will also be enjoyed by other FTA member countries, including our competitors. So, it should be in our minds that it’s a competition. Any concession we get does not automatically mean we gain,” he added.

He also said that there is a need to look at the preparedness of Philippine industry, especially agriculture, to take advantage of the new markets that will open up.

“We have to look at that also; otherwise, it is an empty victory if we keep on giving concessions in exchange for concessions (in which) we cannot supply the product,” he added. — Justine Irish D. Tabile

Farming lobby calls for logistics, power subsidies

PHILSTAR FILE PHOTO

LEGISLATORS who will be elected on May 12 need to introduce measures that will subsidize the cost of farm logistics and rural electricity, the Samahang Industriya ng Agrikultura (SINAG) said in a statement.

SINAG also called for fuel and fertilizer subsidies to “ease production burdens.”

“We need senators who will not bow to pressure from smugglers, importers, or foreign interest groups. We need allies in the Senate who will fight for local agriculture,” it added.

SINAG said legislators also need to address the impact of decreased tariffs for major imported commodities, including rice.

It urged them to reinstate import duties for rice to 35%, and for meat/poultry to 50%.

Farmer groups had asked the Tariff Commission to restore rice import tariffs to 35% for Southeast Asian grain and to 50% for all other countries of origin. — Kyle Aristophere T. Atienza

Nine medical technology firms expected to register with PEZA within the year

PHILSTAR FILE PHOTO

NINE medical technology companies will pursue registrations with the Philippine Economic Zone Authority (PEZA) within the year, according to the Medical Device Association of the Philippines (MDAP).

MDAP President Luis Ramon V. Rodriguez said attracting investment from original equipment manufacturers and device assemblers will help reduce import dependence.

“There are companies that are trying to find their way to PEZA to do assembly. There is a Malaysian company, a Taiwanese company, an Israeli company, and a Korean company,” he said.

The companies include LKL International Bhd, Graceheal Medic Sdn Bhd, Star Medik Group, Bell Comm International, EPI Academy, Tyson Bio, Karuna Enterprise Sdn, Man&Tel Co. Ltd., and Tuttnauer.

PEZA Director General Tereso O. Panga said that aside from the medical device companies, some Malaysian pharmaceutical companies are also looking at setting up manufacturing operations in economic zones.

“So out of the nine companies, it is LKL that is ready for filing. It is a big Malaysian company specializing in hospital furniture and beds. The others are expected to apply this year,” he said via Viber.

“LKL has found an ecozone location; it is not Victoria Industrial Park (VIP), but I will convince the others to locate in VIP,” he added, referring to the country’s first pharmaceutical ecozone.

According to Mr. Rodriguez, the Philippine medical device market is forecast at P130 billion this year.

“However, we are too dependent on imports. I think (import dependence) is 99.2%, so almost everything,” he said, noting that the sources of imports are China, Japan, the US, South Korea, and Indonesia.

He said that currently local production is limited to prototype units and disposables such as surgical gloves, syringes, and needles.

“So hopefully we can have companies that would come to the Philippines and do assembly or even manufacture,” he added.

According to Mr. Rodriguez, opportunities lie in digital health and artificial intelligence integration, local manufacturing, and innovation. — Justine Irish D. Tabile

Solicited bid considered for air navigation control system

PHILSTAR FILE PHOTO

THE Department of Transportation (DoTr) is considering whether to offer an air traffic navigation project via the solicited route, the Public-Private Partnership (PPP) Center said.

PPP Center Deputy Executive Director Jeffrey I. Manalo said the DoTr is in the pre-feasibility study stage in deciding on a solicited scheme.

The PPP Center website describes the Air Traffic Services (ATS)-Air Navigation Services (ANS) project as including the financing, design, construction, operations and maintenance of the system, which will regulate Philippine airspace as well as international airspace that the Philippines is responsible for managing.

“The private sector concessionaire would take over, modernize, and upgrade existing ATS-ANS facilities of the Civil Aviation Authority of the Philippines, including radar, communications facilities, and control centers. The private sector concessionaire will also construct new facilities to cover the country’s airspace,” the PPP Center said.

ComClark Network and Technology Corp. has said that it intends to resubmit its unsolicited proposal to take over the management of the Philippine air navigation, traffic, and control system.

ComClark’s P29.82-billion unsolicited proposal was rejected by the DoTr. The company said in February that it will submit additional documents to complete its unsolicited proposal. 

The PPP Center’s Mr. Manalo said ComClark has made no new submissions to date.

Nigel Paul C. Villarete, senior advisor at technical advisory group Libra Konsult, Inc. said the air traffic navigation project must be offered through solicited mode.

“This kind of project is broader in scope, covering the entire national airspace and includes certain security concerns. The government needs to provide and embed specific security measures in the terms of reference,” Mr. Villarete said via Viber.

“It should be noted that air navigation services have a much wider scope than airport services and also encompass broader national security concerns; thus, it would be in the country’s best interest to prepare the Terms of Reference and make the decision to tender this out for PPP once that decision has been made,” he said.

Mr. Villarete said going the solicited route would be faster and beneficial for the government.

“In the unsolicited mode, the proposal is dictated by what the proponent wants.  So if a government agency wants to go into public-private-partnership, why not just bid it out specifying exactly what it wants rather than wait for some private entity to dictate its offer,” he said. — Ashley Erika O. Jose

Chips, agri in focus for Tokyo trade mission

CHRIS RIED-UNSPLASH

THE Department of Trade and Industry (DTI) said it will focus on semiconductors and agricultural products during its next trade mission to Tokyo this month, which will also involve the review of the Japan-Philippines Economic Partnership Agreement (JPEPA).

“The next trade mission is Tokyo. For Japan, usually the focus is semiconductors and also coconut. Retail is also coming to the Philippines especially with the CREATE MORE,” Trade Secretary Ma. Cristina A. Roque told reporters on the sidelines of an event on Tuesday, referring to the new law on investment incentives.

President Ferdinand R. Marcos, Jr. last year signed the CREATE MORE Act, which reduces the corporate income tax rate to 20% from 25% for registered business enterprises.

Ms. Roque said that the JPEPA is also expected to be discussed during the trade mission.

“We have to take that up also, because there are some other agricultural products that we want to push,” Ms. Roque said.

In 2024, the DTI said that the JPEPA should be reviewed to factor in developments in digital trade, intellectual property, sustainable development, and the possible cooperation arrangement focusing on innovation and technological development.

JPEPA is the Philippines’ first bilateral free trade agreement, entered into in 2008. JPEPA covers trade goods, rules of origin, customs procedures, investment, movement of natural persons, intellectual property, and government procurement. — Ashley Erika O. Jose

Cold storage joint venture hurdles competition regulator

THE Philippine Competition Commission (PCC) said it approved a joint venture of a group of cold chain storage and real estate companies with a Singapore holding company.

According to PCC, the deal was approved after it found “that the transaction will not result in a substantial lessening of competition in the relevant markets.”

“The approval of the joint venture is expected to enhance cold storage capacity, thereby strengthening competition in the Philippine cold chain sector,” PCC said.

The deal involves Singapore’s Canopy Investments Pte. Ltd., Mets Logistics, Inc., Mets En Co., Inc., Einstee Realty, Inc., Marssha Realty Development and Trading Corp., Magnificent Trio Properties, Inc., and Mets Cold Storage Systems, Inc.

It is expected to expand Mets Logistics’ cold storage capacity in the Philippines, with Canopy entering as a new financial partner through its subscription for new shares in Mets Cold Storage.

According to the PCC, it reviewed three markets that can be potentially affected by the deal, which are dry storage and warehousing services, land leasing for commercial and industrial use, and office leasing services.

“Following its assessment, the commission found no competition concerns in the joint venture since there will be no overlap in any of the services offered by the companies involved and the reorganization merely involves intra-group transfers,” the PCC added.

Mets Logistics operates cold chain facilities, while the property companies — Einstee Realty, Marssha Realty, and Magnificent Properties — are engaged in commercial storage property management.

Prior to Canopy’s entry, Mets Logistics will undergo internal restructuring in which it will transfer its cold storage and logistics businesses to Mets Cold Storage.

The property firms will also transfer the land and cold storage facilities of the operations while retaining ownership of other properties. — Justine Irish D. Tabile

When the BIR waits too long

Tax assessments can be a significant source of worry and concern for taxpayers. The process, from submitting the required documents to dealing with the multiple notices from the Bureau of Internal Revenue (BIR), can feel overwhelming. Certain provisions of the law, particularly regarding due process, can also be misunderstood, considering several amendments that have been introduced over the years. This may result in missed opportunities for both the taxpayers and the BIR at some stages of the assessment and collection process.

With respect to the collection process, the general understanding of most is that the BIR has five years from the date of issuance of the assessment to pursue collection, whether through the BIR’s issuance of a warrant of distraint or garnishment, or by a proceeding in court. The period is normally reckoned from the date of issuance of the Final Assessment Notice (FAN). However, as ruled by the Supreme Court (SC), certain instances may suspend the running of the period, or in some cases, a shorter period may apply.

In 2022, the SC held that the BIR is only given a three-year period to collect taxes, instead of the usual five-year period, if the assessment was duly issued within the three-year period. In the case that produced the ruling, the taxpayer received a FAN within the three-year period. Unfortunately, the taxpayer failed to timely file a protest and the BIR proceeded to issue the Final Decision on Disputed Assessment (FDDA). The taxpayer filed a request for reconsideration of the FDDA with the BIR, but the request was denied by the BIR five years later. Thereafter, the BIR proceeded to enforce collection of the assessment.

After taking into consideration the above timelines, the SC held that the CIR’s right to collect taxes had prescribed. Particularly in that case, the three-year period, rather than the five-year period, applies since the assessment was issued within the ordinary three-year prescriptive period. In its decision, the SC referred to a 2014 case, where the High Court clarified that in cases where assessments are issued within the three-year ordinary period, the CIR only has an additional three years to collect the taxes, either through distraint, levy, or court action. The three-year collection period starts when the assessment notice is released, mailed, or sent to the taxpayer.

Notably, the 2014 decision is anchored on Batas Pambansa Blg. (BP) 700, an old law which shortened the statute of limitations for both assessment and collection of taxes from five years to three years. However, the three-year period under BP 700 was subsequently reverted to five years upon the effectivity of the 1997 Tax Code, or Republic Act 8424. Unlike the 2014 case, which covered the taxable period 1992, the 2022 case covered the taxable period 2010, when the 1997 Tax Code was already effective. It is interesting that the SC similarly applied the three-year period in the latter decision. Considering that SC decisions form part of the law, it is important to take note of these to ensure that the parties observe the applicable due process requirements moving forward.

Lastly, in the 2022 case, the SC ruled that the FDDA cannot be considered as a collection letter. Collection efforts must be initiated by distraint, levy, or court proceedings. This requires the issuance of a warrant of distraint and levy, which must be served on the taxpayer, or the filing of a judicial action. In this case, no warrant of distraint or levy was served, nor were there any judicial proceedings initiated within the prescribed period. Therefore, the BIR’s right to collect the deficiency taxes had lapsed.

This case highlights the critical importance of strictly observing the prescriptive periods for both assessment and collection of taxes. It also serves as a cautionary tale for taxpayers and the tax authorities alike, emphasizing once again that for taxpayers that a timely filed protest to the FAN is critical, while for the BIR, delays or procedural lapses in enforcement can render even a valid tax assessment unenforceable. Understanding these legal timelines is essential in protecting their respective rights and resolving tax assessments.

The views or opinions expressed in this article are solely those of the author and do not necessarily represent those of Isla Lipana & Co. The content is for general information purposes only, and should not be used as a substitute for specific advice.

 

Edelweiss Chua is a manager at the Tax Services department of Isla Lipana & Co., the Philippine member firm of the PwC network.

edelweiss.chua@pwc.com