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BIR allows companies to use up ORs even after Dec. 31 deadline

PHILSTAR FILE PHOTO

THE Bureau of Internal Revenue (BIR) is allowing the use of official receipts (ORs) until these are fully consumed extending their permissible issuance beyond the initial Dec. 31 deadline.

BIR Commissioner Romeo D. Lumagui, Jr. said in a statement: “All remaining official receipts can be used, until fully consumed. Inventory reports and notices can be submitted through e-mail. The BIR is committed to making the transition to Ease of Paying Taxes Act (EoPT) as convenient to taxpayers as possible.”

“Further, the submission of inventory reports and/or notice required in compliance with the transitory provisions of Revenue Regulation No. 7-2024 can now be done through e-mail,” he added.

The BIR has been working to harmonize its various regulations, systems, and processes with the requirements of EoPT.

In January, President Ferdinand R. Marcos, Jr. signed EoPT, which seeks to streamline the tax system. The act amends sections of the National Internal Revenue Code of 1997 and introduces various reforms.

For example, Revenue Regulations No. 7 implements amendments on registration procedures and invoicing requirements.

Under EoPT, the VAT official receipt has been removed as a requirement for substantiating refund claims and input and output taxes, making the VAT invoice the sole supporting document required in declaring output taxes and claiming input taxes for both sale of goods and services. — Luisa Maria Jacinta C. Jocson

PEZA locators account for bulk of special investor visas issued 

THE Philippine Economic Zone Authority (PEZA) said its locators were issued 17,592 special residency visas between November 2021 and April 2024, accounting for the overwhelming majority of the visas endorsed by investment promotion agencies (IPAs).

Jenny Romero, PEZA legal affairs group manager, said in a radio interview: “The top nationalities that we have issued PEZA visas to are Japanese, Indians, and then South Koreans. Our issuance to Chinese (nationals) is very small — only 1,812.”

On Tuesday, Party-list Rep. Erwin T. Tulfo filed House Resolution (HR) No. 1771, calling for an investigation into the issuance of Special Resident Retiree Visas and the Special Investor Resident Visas (SIRV).

He said that the resolution aims to address reports of excessive issuance of special visas to foreigners, particularly Chinese nationals.

In an online briefing, Ryan Ramos, director of the Incentives Administration Service at the Board of Investments (BoI), said that the BoI endorsed around 3,000 SIRVs since 1988. 

“On average, around 50% of the SIRVs we endorsed from 2020–2024 are for Chinese nationals,” Mr. Ramos said.

The BoI endorsed 18 SIRVs in 2020, 29 in 2021, 42 in 2022, 80 in 2023, and 71 in 2024.

According to Mr. Ramos, to make the issuance of the special visas easier to monitor, the Department of Justice has created a technical working group to address the need to compile data from the various agencies.

“That is still ongoing, and its purpose is really to have a database shared with immigration so that immigration would know how many visas have been issued by each IPA,” he said.

“This will also allow immigration to monitor if the foreign nationals granted special visas are staying in the Philippines or not,” he added. — Justine Irish D. Tabile

Gov’t cash utilization rate hits 94% at end-May

BW FILE PHOTO

GOVERNMENT agencies’ cash utilization rate hit 94% at the end of May, the Department of Budget and Management (DBM) said in a report. 

The DBM said that national agencies and local governments, as well as state-owned corporations, utilized P1.78 trillion out of P1.89 trillion worth of notices of cash allocation (NCAs) issued as of the end of May, leaving P115.55 billion unused.

The year-earlier utilization rate was 91%.

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

In May, utilization was P477.19 billion out of P494.15 billion, the DBM said.

The Commission on Human Rights posted the highest budget usage at 100%, followed by the Department of Foreign Affairs and the Commission on Audit (both 97%).

During last month’s Philippine Economic Briefing, Budget Secretary Amenah F. Pangandaman said early procurement and digitization of government transactions will help the government avoid underspending this year. — Beatriz Marie D. Cruz

Incentives may be key to EPR compliance

PHILIPPINE STAR/EDD GUMBAN

THE proper incentives will encourage more businesses to comply with the Extended Producers Responsibility (EPR) Act, which holds companies responsible for plastic waste over the full life cycle of their products.

National Solid Waste Management Commission Vice-Chairman Crispian Lao said in a forum: “It is important for us to use incentives to drive the markets towards circularity.”

He was referring to the circular economy, a sustainability strategy that seeks to maximize the recycling or repurposing of existing products while minimizing extraction of new raw materials. “If we want to go circular, alternative materials may be available but may not necessarily be price competitive,” he added.

Republic Act No. 11898 or the EPR Act of 2022 requires producers, manufacturers, and other companies to move away from single-use plastics and establish their own waste recovery schemes in partnership with communities, local governments, and others.

Current incentives for EPR compliance include tax breaks, subsidies, or reduced fees for those that adopt sustainable practices.

“I think it is important to look into other alternatives that promote circularity such as design (optimized for) recycling, refillable content and even education,” Mr. Lao said.

Enterprises that fail to register for EPR programs will face fines of between P5 million and P20 million. Those that fail to comply and meet targeted recovery rates will also be fined.

“When we want actual transformation, more things have to converge, (like) technology, business models, public policy, and (community)… that is the promise of EPR for the Philippines,” according to Philippine Business for Social Progress Executive Director Elvin Ivan Y. Uy.

The Department of Environment and Natural Resources reported that 917 businesses have registered for programs to comply with the EPR law as of June, including 129 obligated enterprises which are required to implement an EPR program.

Industries that generate plastic packaging include agriculture, manufacturing, energy, retail, transportation, accommodations and food services, and information and communication. — Adrian H. Halili

Cigarette, vape seizures valued at P7.2 billion in foregone taxes

CDC-UNSPLASH

THE Bureau of Internal Revenue (BIR) said seized  tobacco and vapor products this year would have generated P7.2 billion in revenue had they entered the market through regular channels.

“What we have caught so far for this year is quite a lot. For cigarettes, we’ve confiscated more than 500,000 packets. For vape products, we have confiscated 170,000 units. For all of these, the estimated tax liability is at P7.2 billion,” BIR Commissioner Romeo D. Lumagui, Jr. said in a television interview.

The BIR urged vape manufacturers to mark their products with revenue stamps to signify tax compliance.

The BIR said that all vape products sold in the country were required to bear the revenue stamps starting June 1.

“There were no stamps for vape products before. That’s why we couldn’t tell if the excise tax for these products were paid. Now, we can easily find this out,” Mr. Lumagui said.

“If you go to a store and see that your vape products don’t have stamps, it means that the excise tax for these products was not paid.”

The BIR is seeking to collect P152.404 billion in excise tax from tobacco products this year.

In March, the BIR seized illicit vape products from a warehouse in Laguna on which an estimated P75.7 million in tax was not paid. — Luisa Maria Jacinta C. Jocson

UNCTAD sees possibility of modest growth in FDI this year

MODEST GROWTH in foreign direct investment (FDI) is possible this year on the back of increased greenfield project announcements, according to the United Nations Conference on Trade and Development (UNCTAD).

In its World Investment Report, UNCTAD said it remained positive for the full year despite weakness in global FDI for a second straight year.

Weak prospects for trade, geopolitical tensions, industrial policy, and supply chain diversification are reshaping FDI patterns and causing multinational enterprises to be cautious in investment, UNCTAD said.

“However, multinational profit levels remain high, financing conditions are easing and increased greenfield project announcements in 2023 will positively affect FDI,” it added.

Global FDI decreased 2% to $1.3 trillion, affected by wild swings in financial flows in a small number of European conduit economies.

“The decline for the second consecutive year is driven by increasing trade and geopolitical tensions in a slowing global economy. So this is a very challenging trend for the developing nations,” Rebecca Grynspan, secretary general of UNCTAD, said in a briefing on Thursday.

The report showed that FDI in developing countries declined 7% last year, led by an 8% decline in FDI in developing Asia.

According to UNCTAD, the decline in FDI in developing Asia was due to a rare decline in inflows into China and sizable declines in India and West and Central Asia.

“Only Southeast Asia held steady. Industrial investment in Asia remains buoyant, as shown by greenfield announcements, but the global downturn in project finance also affected the region,” it added.

Developing Asia saw a 25% decline in international project finance and a 22% increase in greenfield projects.

On prospects for 2024, Ms. Grynspan said: “We are optimistic about 2024. If there is an extra effort to ease the financial conditions and for investment facilitation, if we could have these two things combined, that will support our more optimistic view for 2024.”

“If we can support the efforts of countries on investment facilitation, maybe that can unblock obstacles that the developing countries, especially, are facing in terms of attracting FDI,” she added. — Justine Irish D. Tabile

Blinken discusses China’s aggression at sea with Philippine counterpart

AN AERIAL VIEW of the BRP Sierra Madre at the contested Second Thomas Shoal on March 9, 2023. — REUTERS

US SECRETARY of State Antony Blinken on Wednesday spoke with Philippine Foreign Affairs Secretary Enrique A. Manalo on the phone to discuss Chinese actions in the South China Sea, which Manila and Washington have called escalatory.

Their call followed China’s “dangerous and irresponsible actions to deny the Philippines from executing a lawful maritime operation in the South China Sea on June 17,” State Department spokesman Matthew Miller said in a statement posted on the agency’s website.

“Secretary Blinken emphasized that the PRC’s (People’s Republic of China) actions undermine regional peace and stability and underscored the United States’ ironclad commitments to the Philippines under our Mutual Defense Treaty,” he said.

Both officials also exchanged views on how to build on momentum from recent high-level bilateral engagements on issues of shared concern, he added.

The Philippine military chief on Wednesday said bolo-wielding Chinese Coast Guard (CCG) men were behind the aborted resupply mission for Filipino troops stationed at Second Thomas Shoal in the South China Sea.

Combined forces from China’s People’s Liberation Army Navy, coast guard and maritime militia worked together to stop the delivery of food and other supplies, with Chinese rigid hull inflatable boats ramming the rubber boats of the Armed Forces of the Philippines (AFP), chief Romeo S. Brawner, Jr. told reporters.

He said Chinese forces aboard the inflatable boats were holding bolos while they were going after two AFP rubber boats trying to deliver supplies to BRP Sierra Madre, a World War II-era ship that Manila grounded at the shoal in 1999 to bolster its maritime claim.

A navy officer who was on board one of the Philippine military’s rubber boats lost his right thumb after a collision with a Chinese inflatable boat, Mr. Brawner said.

Britain, Canada and the United States have condemned China’s actions, which occurred as Beijing’s new coast guard rules allowing it to detain trespassers without trial took effect on June 15.

China’s coast guard has said the Philippine Navy vessel deliberately and dangerously approached a Chinese ship in an unprofessional manner, forcing it to take control measures such as “warnings and blockades, boarding inspections and forced evictions.”

Second Thomas Shoal has been a flashpoint in recent months between the countries. The atoll lies within the Philippines’ 200-nautical mile maritime zone, which China also claims as its own.

China claims almost the entire South China Sea, including parts claimed by the Philippines, Vietnam, Malaysia and Brunei. A United Nations-backed tribunal in the Hague in 2016 voided China’s sweeping claims for being illegal.

Relations between Manila and Beijing have soured under Philippine President Ferdinand R. Marcos, Jr., who has pursued closer security ties with the US and other allies amid China’s growing assertiveness at sea.

Washington’s own ties with Beijing have been tense for years over issues like Taiwan, trade tariffs, the origins of the COVID-19 pandemic, the war in Ukraine, technology disputes and intellectual property.

The US State Department has called the Second Thomas Shoal incident the latest in a series of Chinese “provocations” to impede supplies from reaching Philippine soldiers stationed at BRP Sierra Madre.

Manila has filed 163 diplomatic protests against China under Mr. Marcos, according to the Department of Foreign Affairs. Thirty protests were filed this year.

“We reiterate our call for China to adhere to international law, especially the United Nations Convention on the Law of the Sea and the 2016 arbitral award, and respect the Philippines’ sovereignty, sovereign rights and jurisdiction in our own waters,” the agency said on Wednesday. — Norman P. Aquino with Reuters

Midterm elections may end up becoming a 3-way fight — analysts

VICE-PRESIDENT SARA DUTERTE-CARPIO — PHILIPPINE STAR/KRIZ JOHN ROSALES

By Kyle Aristophere T. Atienza, Reporter

TRADITIONAL opposition forces should step up efforts to win voters ahead of midterm elections next year that could end up becoming a three-way fight, political analysts said, as ex-President Rodrigo R. Duterte is poised to build his own coalition critical of the Marcos government.

Critics on Thursday rejected proposals to make his daughter Vice-President Sara Duterte-Carpio, who on Wednesday resigned from the Marcos Cabinet, the face of the opposition.

“Based on previous surveys, there’s a sizable population not aligned to any of them,” Hansley A. Juliano, who teaches political science at Ateneo de Manila University, said in a Facebook Messenger chat.

“Instead of trying to preach to the opposition choir or convince hardline Marcos or Duterte supporters, it’s best for the traditional opposition to stick to capturing undecided voters,” he added.

Senator Risa Hontiveros-Baraquel is the highest elected official among opposition personalities, leading Senate investigations of various corruption and human rights issues hounding the government, including the case of religious leader Apollo C. Quiboloy, who is a close friend of the Duterte family.

The Liberal Party (LP), which supports her, said Ms. Duterte-Carpio “might assume the leadership of the partisan opposition” but it remains “the ideological and conscientious opposition to both the current administration and Duterte’s breakaway power bloc.”

“LP continues to uphold its iconic principles on good governance, participatory democracy, constitutionalism, human rights protection and anti-authoritarian rule, all of which are not in the track record of the leaders of the now-defunct UniTeam,” President and Albay Rep. Edcel C. Lagman said in a statement.

Bagong Alyansang Makabayan, another traditional opposition group, urged Filipinos to “reject the rottenness of the current political system that is marred by factional infighting, corruption and self-serving agendas.”

“The ruling system continues to crumble under the weight of its own moribund crisis,” it said in a separate statement. “Genuine change will not come from these elite factions but from the collective struggle of the people.”

Mr. Juliano said a three-way fight is likely in the 2025 midterm polls, with the Duterte camp likely projecting itself as an opposition force.

Hakbang Maisug, a movement supposedly created by Mr. Duterte and his allies to oppose the government’s push for constitutional amendments, urged Ms. Duterte-Carpio to lead them in their “struggle for transparency, accountability, peace and security.”

Mr. Marcos and Ms. Duterte-Carpio campaigned on a platform of unity in 2022, but critics say it was just a marriage of convenience.

‘OPPORTUNITY’
Cracks within the ruling coalition became more apparent after the House of Representatives led by Speaker Ferdinand Martin G. Romualdez, a cousin of Mr. Marcos, last year denied Ms. Duterte-Carpio’s request for confidential funds under the 2024 national budget.

Ms. Duterte- Carpio, who was appointed vice-chairperson of the anti-communist task force in May last year, was among the first to hit the government’s attempt to pursue peace talks with Maoist rebels, calling it “an agreement with the devil.”

The International Criminal Court (ICC) is investigating her father and Mr. Marcos’ predecessor, Rodrigo R. Duterte, for his deadly war on drugs.

Mr. Marcos had said his government was studying the possibility of rejoining the ICC after an exit in 2019, although he has opposed the ICC probe, which he sees as an affront to Philippine sovereignty.

Mr. Duterte, who has accused Mr. Marcos of being a drug addict, has been active in rallies calling for his resignation. Mr. Marcos has fired back by linking his predecessor’s drug accusations against him to his fentanyl use.

“Measuring which among the House members, and by extension the local government officials they represent, are on the side of Marcos-Romualdez is going to be a key consideration in the leadup to 2025 and after,” Mr. Juliano said.

The President’s Partido Federal ng Pilipinas party has allied itself with Mr. Romualdez’s Lakas CMD and the Nacionalista Party ahead of the 2025 midterm elections.

Mr. Marcos has veered away from, if not totally reversed, some of Mr. Duterte’s key policies including pursuing closer security ties with the United States away from China.

“As for the old opposition, the Marcos-Duterte split is an opportunity, if and only if they want to and can actually project loyal opposition that can resonate with more moderate partisans from the Marcos camp,” said Anthony Lawrence Borja, a political science professor at De La Salle University.

“If not, then they will remain with their current base and the probability of their success will be proportional to public discontent towards both the factions of Marcos and Duterte,” he said via Messenger chat.

Based on Octa Research’s poll in March, the trust rating of Mr. Marcos declined by six points to 69% from December. Ms. Duterte-Carpio’s rating also fell by nine points to 68%.

Mr. Borja said new middle forces might emerge in the leadup to the 2025 elections “but it might be under the growing trend of independent and shared candidates who can dance between the triad of Marcos, Duterte and the old liberal opposition.”

Philippines told to look for new ways to deliver supplies to Second Thomas Shoal

PHILIPPINE COAST GUARD FILE PHOTO

By John Victor D. Ordoñez, Reporter and Kenneth Christiane L. Basilio

THE PHILIPPINE military should explore new ways to deliver food and other supplies to its outpost at Second Thomas Shoal as China uses more force in blocking resupply missions, according to the Senate president.

“I urge our armed forces to explore alternative methods to deliver provisions to the BRP Sierra Madre in Ayungin Shoal (Second Thomas Shoal) so that our troops are properly resupplied, while minimizing the risks and achieving our desired objectives,” Senate President Francis “Chiz” G. Escudero said in a statement on Thursday.

The Senate will seek a briefing from the Department of Foreign Affairs (DFA) on how it plans to ease tensions in the waterway, he added.

Philippine military chief Romeo S. Brawner, Jr. told a news briefing on Wednesday that bolo-wielding Chinese Coast Guard men, China’s People’s Liberation Army Navy and maritime militia banded together to stop the delivery of food and supplies on June 17.

He said Chinese forces aboard rigid inflatable boats were holding bolos while they were going after two AFP rubber boats trying to deliver supplies to BRP Sierra Madre, a World War II-era ship that Manila grounded at the shoal in 1999 to bolster its maritime claim.

Mr. Escudero said the DFA should explore every avenue of dialogue with Beijing over filing diplomatic protests.

The Philippines has filed 163 diplomatic protests against China under the government of President Ferdinand R. Marcos, Jr., Foreign Affairs spokesperson Ma. Teresita C. Daza said on Wednesday. Thirty protests were filed this year.

A Philippine supply ship dangerously approached a Chinese vessel and collided with it after it illegally intruded into waters near Second Thomas Shoal in the South China Sea on June 17, the Chinese Coast Guard said on Monday.

Manila has called the claim “deceptive and misleading.”

China has issued a policy allowing its coast guard to detain people it deems trespassers in disputed areas.

“There are (other ways to deliver supplies), but they may require the AFP to either add to its inventory or lean on its American ally,” Raymond M. Powell, a fellow at Stanford University’s Gordian Knot Center for National Security Innovation, told BusinessWorld in an X message.

“The issue is that China has now adopted a near-permanent patrol inside of Ayungin Shoal from which it deploys its fast boats to harass all approaching craft,” he added.

He floated the idea of helicopter resupply as a viable option, noting that it would still be difficult to carry out since there is no landing area for aircraft at Second Thomas Shoal.

“So any supplies and personnel would need to be lifted on and off from a difficult hover,” Mr. Powell said.       

The government should consider conducting joint resupply missions with its defense allies, Cagayan de Oro Rep. Rufus B. Rodriguez told BusinessWorld in a Viber message.

“We should request our defense allies to join our Navy in escorting and protecting the delivery of supplies to BRP Sierra Madre,” he said.

But Michael Henry Ll. Yusingco, a senior research fellow at the Ateneo Policy Center, said China could use this to bolster its propaganda.

“Beijing will surely use this to get support from their domestic audience… [showing] that the whole world is ganging up on them,” he said via Messenger chat.

The Philippines could instead plan resupply missions when ally vessels are near the contested shoal, he added.

China’s coast guard has repeatedly used high-pressure water cannons to dissuade Philippine vessels from entering highly contested areas within the country’s exclusive economic zone (EEZ) including Scarborough Shoal and Second Thomas Shoal.

Beijing has warned the Philippines about intruding into what it says are its territorial waters. It issued new rules, effective June 15, enforcing a 2021 law that allows its coast guard to use lethal force against foreign ships in waters it claims.

“A high-level naval diplomacy between the Philippine Flag in Command and its counterpart from the People’s Liberation Army Navy should discuss the maritime conundrum,” Chester B. Cabalza, founder of Manila-based International Development and Security Cooperation, said in a Facebook Messenger chat.        

Meanwhile, Foreign Affairs Secretary Enrique A. Manalo met with Greece Minister of National Defense Nikos Dendias in Athens to discuss regional security issues.

“We discussed the need for like-minded countries like the Philippines and Greece to speak up for international law and uphold the United Nations Convention on the Law of the Sea (UNCLOS) and 2016 arbitral award,” he said in an X post.

Villagers flee from gunfight

COTABATO CITY — About 200 villagers fled as two rival groups of the Moro Islamic Liberation Front (MILF) clashed in a secluded area in the village of Meta in Datu Unsay, Maguindanao del Sur on Wednesday morning.

Police and military authorities on Thursday urged the warring factions under Commanders Panzo and Tunga to reconcile and avert more bloodshed.

The gunfight between the groups of Panzo, a senior member of the Muslim group’s 118th Base Command, and Tunga from the 105th Base Command sent residents running for their lives.

Senior police officials in Maguindanao del Sur and local executives told reporters followers of the two MILF commanders, who are squabbling for control of strategic patches of land in Meta, disengaged when they sensed that responding policemen and soldiers were closing in. — John Felix M. Unson

Probe of fake birth papers sought

A PHILIPPINE senator has filed a resolution seeking a probe of fake birth certificates used by foreign criminals to skirt immigration laws.

“Syndicates may be behind the proliferation of fake birth certificates as well as the apparent abuse of the late birth registration system,” Senator Sherwin T. Gatchalian said in Senate Resolution No. 1053 filed on June 18.

The Senate is investigating crimes and alleged Chinese espionage linked to Philippine Offshore Gaming Operations (POGO).

Mr. Gatchalian said allowing more foreigners to get government-issued IDs would worsen money laundering and human trafficking.

An average of 972,830 Filipinos delayed their birth registrations yearly from 2013 to 2022, he said, citing 2022 data from the local statistics agency.

About 3.7 million Filipinos did not have birth certificates due to high costs, lack of time and lack of awareness, he added. — John Victor D. Ordoñez

No credit to DoJ for drug conviction

BW FILE PHOTO

THE LEGAL counsel of the father-and-son victims of a police homicide in 2016 said the Department of Justice (DoJ) had no hand in getting a conviction from a Caloocan City trial court.

“National Union of Peoples’ Lawyer-National Capital Region asked for and was granted authority as private prosecutors, trying this case on our own,” said human rights lawyer Ma. Kristina C. Conti said in a statement.

“We built this case from Day 1 without any material assistance from the DoJ, police or government agencies aside from the Commission on Human Rights),” she added.

She added that no credit is due to the DoJ or the government in the conviction of four cops for homicide in connection with a drug buy-bust operation in Caloocan eight years ago.

“Cases like this don’t get to court if you don’t have private investigation, forensics and defiant witnesses,” Ms. Conti said. “The police did not conduct an autopsy or ballistics examination or seriously inquire into the two deaths in the course of a police operation, and they even got commendations for the operation,” she added.

Justice Undersecretary Margarita N. Gutierrez did not immediately reply to a Viber message seeking comment. — Chloe Mari A. Hufana