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House approves bill strengthening gov’t authority to regulate shipping fees on second reading

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THE HOUSE of Representatives on Monday approved two maritime-related bills on second reading, including one that clarifies the government’s authority to regulate shipping fees, according to plenary proceedings at the chamber.

House Bill (HB) 10575, or the proposed International Maritime Trade Act, is designed to enhance the competition among transport and logistics companies and reduce shipping costs.

Meanwhile, HB 10612, or the proposed International Maritime Instruments Domestication Act of The Philippines, was also approved on second reading. It will designate the Department of Transportation as the lead agency for implementing and enforcing international maritime rules for safety at sea, pollution rules for ships, and rules preventing ship collisions.

The committee report for HB 10612 was filed on Dec. 12, while the report on HB 10575 was filed on Dec. 6. — Jaspearl Emerald G. Tan

ARTA backs fixed amounts for health worker allowances

PHILSTAR

THE special risk allowance (SRA) for health workers needs to be set at P5,000 per month to avoid delays in distribution, according to the Anti-Red Tape Authority (ARTA).

ARTA Director General Jeremiah B. Belgica said in a statement on Monday that the Department of Health should pay the fixed amount rather than having to compute the amount based on the actual work days.

The need to compute “may have hampered the distribution of the financial benefit,” Mr. Belgica said.

“I have always said that we, in the government, must show our appreciation to the heroic frontline health workers who have made countless sacrifices for us during this coronavirus disease 2019 (COVID-19) pandemic. We can do this by ensuring that our health workers are adequately supported and given their due during this critical time. Delays or deductions in their SRA would be a huge disservice to them,” he added.

The ceiling for such payments is P5,000 and can be less when prorated.

Under Republic Act No. 11494 or the Bayanihan to Recover as One Act, all public and private health workers directly attending to or in contact with COVID-19 patients are eligible for the SRA for every month of the state of national emergency.

“Since… those who work in health institutions are equally at risk of contracting COVID-19, (we should) do away with this classification and apply the P5,000 benefit across the board,” Mr. Belgica said.

“It was found that having to compute based on days served in the hospital could cause an inequitable designation of value for work since many are giving more than what can be measured in hours and days,” he added.

Recently, the Department of Budget and Management released P1.19 billion to cover the unpaid SRA of 63,812 frontline health workers.

The funds will cover the unpaid SRA of health workers from Dec. 20, 2020 to June 30, 2021. — Revin Mikhael D. Ochave 

Tax incentives for food providers

During one of my yearly home visits, I asked my father why there were no more cornfields visible along the roads. He replied “Alkanse na ang pang uma karon dong uy” (Farming is no longer profitable nowadays, son). I sensed his frustration as he was once a farmer. He then added that the cost of farming inputs, as well as the effects of climate change, prompted him to quit farming.

The agriculture sector plays a vital role in our economy; thus, the government regularly enacts laws and provides tax incentives geared towards supporting and increasing agricultural production and activity. Republic Act No. 11321 or the Sagip Saka Act of 2018 instituted the Farmers and Fisherfolk Enterprise Development Program to achieve sustainable modern agriculture and food security by helping farmers and fisherfolk increase their production and income. Section 12 of the Sagip Saka Act enumerates the available tax exemptions and incentives as follows:

a. Gifts and donation of real and personal properties shall be exempt from donor’s tax.

b. Local government unit shall exempt structures, buildings, and warehouses utilized for the storage of farm inputs and outputs from real property tax, provided that the assessed value of the property does not exceed P3,000,000.00.

c. Land Bank of the Philippines shall provide preferential rates and a special window to accredited farmers and fisherfolk.

d. Exemptions from income tax may be provided for income arising from the operation of the enterprise, provided that the farmer and the fisherfolk cooperatives and enterprise shall register as barangay micro business enterprise pursuant to Republic Act No. 9178 (Barangay Micro-Business Enterprise Act of 2002).

On Oct. 29, the Bureau of Internal Revenue (BIR) issued Revenue Regulations 19-2021, which implements the tax incentive and exemption provision of the Sagip Saka Act. The regulations cover the exemption from donor’s tax of donations made to and the exemption from income tax of accredited farmers and fisherfolk enterprises engaged in agriculture and fishery-related economic activities. Registration with the Farmers and Fisherfolk Enterprise Development program can be done through the City or Municipal Agriculture Office, Provincial Agriculture Office, DA Regional Field Offices, and Agribusiness and Marketing Assistance Service. Online registration is also possible through http://ffedis.da.gov.ph/. Department of Agriculture Memorandum Circular No. 8 Series of 2020 sets out the procedural guidance and documentary requirements for registration.

Exemption from Income Tax — All accredited farmers and fisherfolk enterprises may be exempt from income tax on income derived from the enterprise provided they are registered as Barangay Micro-Business Enterprises (BMBEs). The income tax exemption applies only if, and during the period when, the accredited farmers and fisherfolk enterprises are registered as BMBEs issued with Certificate of Authority by the Department of Trade and Industry, through the Negosyo Center in the city or municipality where the business is located. Additional requirements for the exemption are as follows:

a. The accredited business or enterprise must be among the intended beneficiaries as enumerated under Section 5 of the implementing rules and regulations of RA 11321.

b. Total assets, including those arising from loans but excluding land where the business is situated, must not be more than P3,000.000.00.

DONATIONS TO ACCREDITED FARMERS AND FISHERFOLK
Donation of real and personal property to an accredited farmer and fisherfolk enterprise is exempt from donor’s tax under the following conditions:

a. The donee is an accredited farmer and fisherfolk enterprise as certified by the Department of Agriculture.

b. The donee is among the proponent groups or beneficiaries of the Farmers and Fisherfolk Enterprise Development program.

c. The donation was made for the accomplishment of the Farmers and Fisherfolk Enterprise Development program’s objectives to develop enterprise for farmers and fisherfolk towards sustainable and modern agriculture and food security.

d. The application of exemption from donor’s tax complies with the guidelines of requests for rulings set forth in Revenue Memorandum Order 9-2014 and must be filed with the Law and Legislative Division Room 709, 7th floor BIR National Office, Diliman, Quezon City together with the applicable requirements.

At the onset of this pandemic when border controls were implemented, the vital role played by our farmers and fisherfolk was once again highlighted. In fact, many have started to grow their own gardens at home. Providing tax incentives, such as those discussed, is a great way of showing support to a sector that feeds this nation and will encourage every farmer not to quit farming. Moreover, the success of this program will depend on the effective implementation of the law so that the target industry benefits and thrives.

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.

 

John Steven Alburo is a senior-in-charge of the Tax Advisory & Compliance division at the Cebu office of P&A Grant Thornton, the Philippine member firm of Grant Thornton International Ltd.

pagrantthornton@ph.gt.com

Metro COVID cases may have peaked — DoH chief

PHILIPPINE STAR/ MICHAEL VARCAS

By Kyle Aristophere T. Atienza, Reporter

CORONAVIRUS infections in the Philippine capital and nearby areas have peaked, according to the country’s health chief.

“It appeared to have peaked already,” Health Secretary Francisco T. Duque III told a televised news briefing on Monday in Filipino. “Cases in the National Capital Region have been declining in the past days.”

The government would likely lower the virus alert in Metro Manila once it meets the threshold set by authorities, he said.

Metro Manila could go down to Alert Level 2 if two-week coronavirus growth rate moderates, its average daily attack rate falls to one to seven cases for 100,000 people and its healthcare use rate falls to less than 50%.

Mr. Duque said an inter-agency task force would meet on Thursday to determine the virus alert for Metro Manila for the next two weeks. 

“That is not yet cast in stone because it will still be discussed,” he said. “We will need to review the metrics.”

The Philippines posted 24,938 coronavirus infections on Monday, bringing the total to 3.44 million.

The death toll hit 53,519 after 47 more patients died, while recoveries rose by 35,461 to 3.13 million, the Department of Health (DoH) said in a bulletin.

It said 40.6% of 59,896 samples tested positive for coronavirus disease 2019 (COVID-19) on Jan. 24, way above the 5% threshold set by the World Health Organization (WHO).

There were 262,997 active cases, 7,944 of which did not show symptoms, 250,235 were mild, 3,010 were moderate, 1,499 were severe and 309 were critical.

DoH said 97% of the latest cases occurred from Jan. 11 to Jan. 24. The top regions with new cases in the past two weeks were Metro Manila with 3,610, Calabarzon with 3,382 and Central Visayas with 2,562 infections. It added that 91% of deaths occurred in January, 6% in October and 2% in September.

The agency said 98 duplicates had been removed from the tally, 74 of which were reclassified as recoveries, while 11 recoveries were relisted as deaths. Five laboratories failed to submit data on Jan. 22.

It said 51% of intensive care unit beds in the country had been used, while the rate for Metro Manila was 47%.

Metro Manila might record fewer than 1,000 cases daily by Feb. 14, OCTA Research Group fellow Fredegusto P. David told a televised news briefing. He said the region’s reproduction rate had decreased to 1.03.

But the wave of infections in the country driven by the high mutated Omicron variant could go on until March or April, he said.

“The Omicron wave will still last for a while because while cases are going down in NCR (National Capital Region), Cavite and Rizal, they are still increasing in other areas,” Mr. David said. Other areas have yet to see an uptick, he added.

“We’re hoping that by around March to April, the Omicron wave in the entire country will be over, which means we could see fewer than 1,000 cases a day,” Mr. David said. “But that is still not guaranteed.”

Meanwhile, Mr. Duque said all bidding activities at the Health department are legal, after a group of consumers filed a complaint before the Philippine Competition Commission last week asking it to look into the alleged monopoly in the government’s procurement of pneumococcal vaccines.

The government might be losing billions of pesos because it was being overcharged by a single drugmaker in the procurement of the vaccines, according to the group.

It said the government had been using the more expensive shots from a drugmaker since 2014 even if there were two other available vaccines.

Mr. Duque said his agency’s legal team was looking into the allegations “with a sense of urgency.”

“We assure you that our bids and awards committee follows and respects the process,” he said. “If there is an issue, we will look into it.”

The United Filipino Consumers and Commuters also asked the competition agency to suspend the procurement of the pneumococcal vaccines pending investigation.

Duterte failed in drug war, says ex-ally and presidential candidate

PHILSTAR FILE PHOTO

A FORMER ally of President Rodrigo R. Duterte who is running for president on Monday said the tough-talking leader had failed in his war against illegal drugs.

“What a waste,” Senator Panfilo M. Lacson told Bombo Radyo. “If he had only capitalized on his overwhelming mandate, his popularity and good intentions, we could have succeeded,” he said in Filipino.

Mr. Lacson said the government could have solved the country’s illegal drug problem with proper enforcement. “He could have resolved it within the rule of law and without the Philippine National Police having to resort to extrajudicial means.”

Mr. Duterte only focused on law enforcement, Mr. Lacson, a former police general, said. “It should have been a holistic, comprehensive approach.”

He added that the President could have avoided a probe by the International Criminal Court for alleged crimes against humanity had he done it properly.

Mr. Lacson also faulted Mr. Duterte’s allegedly unequal treatment when it came to his fight against corruption.

“Along the way, in the implementation, we saw that he doesn’t just have one standard,” he said, adding that presidential friends often got away with it.

Mr. Duterte last year barred Cabinet officials from attending a Senate investigation of alleged anomalies at the Health department, saying it was a waste of time.

Mr. Lacson said the president’s friendship with Chinese President Xi Jinping had not helped resolve the sea dispute between the two nations. Thousands of Filipino fishermen lost their livelihood and billions of pesos worth of aquatic resources were destroyed as a result, he added.

The lawmaker said the government had let Chinese vessels bully Filipino fishermen in the South China Sea and failed to back a United Nations-backed arbitral ruling until the last year of Mr. Duterte’s six-year term. That ruling invalidated China’s claim to more than 80% of the disputed sea.

Filipinos will choose Mr. Duterte’s replacement in elections on May 9.

Meanwhile Mr. Lacson separately told DZBB Radio he would not set a deadline for his goals as president, including the fight against illegal narcotics.

“We don’t need to impose a deadline,” he said. “We just have to do and execute them well. Even if we don’t have a deadline, success will follow.”  

His administration’s campaign against illegal drugs would be led by his running mate, Senate President Vicente C. Sotto III and would focus on prevention and rehabilitation, Mr. Lacson said.

The country’s drug problem could not be solved by killing people, he added.

Mr. Lacson at the weekend told GMA Network a balance of power is needed in the South China Sea. He also agreed to legalize jueteng, an illegal number game. He likewise cited the need to ban political dynasties and force public officials to disclose their net worth and medical records.

All four candidates, who said suspected drug pushers got killed under President Rodrigo R. Duterte’s drug war, favored rejoining the International Criminal Court.

Mr. Lacson also said he had nothing to do with the summary execution of gang members in 1995 and the murder of a publicist and his driver in 2000.

A trial court cleared him for lack of probable cause in the Kuratong Baleleng gang massacre case. He was also cleared in the 2000 double-murder case after evading arrest for more than a year. — Alyssa Nicole O. Tan

Reverse division ruling favoring Marcos, Comelec en banc asked

A CIVIC group on Monday asked the Commission on Elections (Comelec) to reconsider its decision allowing the only son and namesake of the late dictator Ferdinand E. Marcos to run for President this year.

In a 28-page motion, lawyer Theodore O. Te, who represents Kapatid, said the law bars former Senator Ferdinand “Bongbong” R. Marcos from running for public office after he was convicted of tax evasion in the 1990s.

The plaintiffs asked the Comelec en banc to reverse the order of a division that favored Mr. Marcos in the election lawsuit.

“The accessory penalty of perpetual disqualification from holding public office, to vote and to participate in any election is a consequence that is deemed written into the conviction of respondent Marcos, Jr.,” they said. Comelec must enforce the judgment issued by the Court of Appeals, they added.

The election body’s Second Division rejected the petition last week, as it ruled Mr. Marcos did not mislead the public when he said in his certificate of candidacy that he was eligible to run for president.

The plaintiffs said the Second Division’s decision had an adversarial and confrontational tone.

Mr. Marcos’s name should be excluded from official ballots, whose printing has started, pending a final ruling from the Comelec full court, Fides Lim, spokesperson for Kapatid, told One News.

The election body’s First Division has yet to rule on similar cases against Mr. Marcos. — John Victor D. Ordoñez

Palace puts into context old Duterte video vs booster shots

PHILIPPINE STAR/ MICHAEL VARCAS

THE PRESIDENTIAL Palace on Monday hit vaccine decliners for circulating a video clip of President Rodrigo R. Duterte discouraging the public from getting a COVID-19 booster shot, saying it was recorded at a time when the goal was to increase the number of fully vaccinated people. 

“At that point, 21 million of our countrymen were fully vaccinated, and our priority was to increase this number, which is why the provision of booster shots had yet to be approved,” Palace Spokesman Karlo Alexei B. Nograles said in a statement.

In his regular public address on Sept. 30, the President told the public not to get more than two doses of COVID-19 vaccine, saying it could endanger their health and deprive others who have yet to receive their first dose. 

“Two doses are enough. Don’t take excessive doses, it is dangerous,” Mr. Duterte said in Filipino at the time.

“The situation today is now vastly different,” Mr. Nograles said, noting that the government approved the use of booster doses last November “as we had ample supplies of vaccines and a substantial percentage of our population was already fully vaccinated.” 

The spokesman also pointed out that Mr. Duterte encouraged the public in a Dec. 21 address “to ‘take advantage’ of the country’s sufficient supply of vaccines against COVID-19 and get their booster shots to control the spread of the highly-transmissible Omicron variant.” 

Adults have been allowed to get their booster shot three months after being fully inoculated with either a two- or single-dose vaccine. Earlier this month, the government tapped private clinics and pharmacies for the administration of top-up shots.

The Philippines has so far fully vaccinated almost 57.3 million people as of Jan. 23, while nearly 59.8 million have received an initial dose, data from the Health department showed. Almost 6.3 million booster shots have been administered, it added.

Meanwhile, Public Attorney’s Office Chief Persida V. Rueda-Acosta said the Health department should improve benefits for those who experience adverse effects from the vaccine.

Ms. Acosta, who has publicly admitted to being unvaccinated against COVID-19 and was at the forefront of complaints filed in connection with deaths allegedly linked to the Dengvaxia vaccination program, said she is not against inoculation. 

“I am not anti-vaccine, 91% of the 3,000 PAO employees and my eldest son are fully vaccinated,” Ms. Acosta said, citing medical conditions as her reason for not getting any of the available COVID-19 vaccine brands. — Kyle Aristophere T. Atienza and John Victor D. Ordoñez 

Central bank to complete BDO cyberattack probe by end-Jan.

REUTERS

THE PHILIPPINE central bank will complete its investigation on last month’s online fraud that (BSP) affected BDO Unibank, Inc. clients, Bangko Sentral ng Pilipinas Governor Benjamin E. Diokno said on Monday.

“In addition to that ongoing investigation, the BSP continues its cyber threat surveillance. With the latest reports indicating that cyberthreat actors increasingly rely on social engineering to perpetrate fraudulent activities,” he said in an online event. 

Mr. Diokno noted that BSP continues to coordinate with law enforcement agencies and the private sector to prosecute cyber-related crimes.

“BSP has been steadfastly working to institutionalize cyber resilience in the financial services industry,” he said.

UnionBank of the Philippines, Inc., which was among the financial institutions that received unauthorized fund transfers, has filed charges against persons allegedly involved in the fraud. 

The National Bureau of Investigation (NBI), meanwhile, arrested last Friday three Filipinos and two Nigerians who are suspected to be part of the crime. 

NBI Cybercrime Division Chief Victor V. Lorenzo said on Monday that banks have been addressing vulnerabilities to their online services in response to the incident. 

These system vulnerabilities, he noted, is not specific to BDO.

“The particular hacking incident in December did not result in a substantial loss because a particular receiving bank immediately red-flagged the transaction,” he told Radyo5 news.

The hackers were able to encash about P1.2 million but could have potentially stolen more than P50 million if these transactions were not immediately tagged as suspicious, he said. 

The NBI official said the cybercrime division is also coordinating with different money transmitters and banks to consolidate data on the hacking. — John Victor D. Ordoñez with a report from Luz Wendy Noble 

Robredo vows to declare no-mining zones, ensure responsible extraction

VP LENI ROBREDO OFFICIAL FB PAGE

VICE PRESIDENT Maria Leonor “Leni” G. Robredo on Monday vowed to declare no-mining zones if she wins the presidency next year.

“I am not for an absolute ban on mining, but I am for more responsible mining,” Ms. Robredo said at a virtual dialogue with women lawyers, based on a transcript sent via WhatsApp by her office. 

The presidential candidate vowed to certify as urgent a measure creating a national land-use plan, which would identify no-mining zones.

Ms. Robredo said she would issue an executive order to declare no-mining areas since the passage of the proposed National Land Use Act could take some time.

The Vice President said she would hold consultations to give Filipinos “opportunity to know what will happen to their communities.”

“For me, no mining operations will resume if we don’t fix the problems, if we don’t fix the no-mining zones,” she said in Filipino. “We will put up mechanisms so that the indigenous peoples who will be affected, the communities who will be affected, the mechanisms should provide that… their voices should be heard.” 

Ms. Robredo also said she would scrap President Rodrigo R. Duterte’s executive order which lifted a nine-year moratorium on new mining agreements. 

Executive Order (EO) No. 130, signed by Mr. Duterte on April 14, allows the government to enter into new mineral agreements and review existing mining deals for possible renegotiation.

It amends a 2012 EO made by then President Benigno S.C. Aquino III, which prohibited the grant of new mining deals in several protected areas while awaiting the passage of a law that would increase the government’s share in mining revenues. 

“If I will be given the privilege of serving this country, that is one of the things I will remove,” Ms. Robredo said, referring to Mr. Duterte’s order. 

Economists have said growing concern over mining’s environmental impact will make it more challenging for the industry, especially amid the so-called climate crisis.

John Paul R. Rivera, an economist at the Asian Institute of Management, earlier told BusinessWorld that the reopening of the mining sector will certainly contribute to economic growth “but will not give as much given the industry’s previous performance.” 

IBON Foundation Executive Director Sonny A. Africa said in April last year that mining and quarrying even before the pandemic only employed around 190,000 in 2019, “not even a half a percentage point of total employment.” — Kyle Aristophere T. Atienza 

House leader assures bills strengthening health system to get priority

PHILIPPINE STAR/ MICHAEL VARCAS

DEPUTY Speaker Rodante D. Marcoleta on Monday assured that the House of Representatives will prioritize the passage of bills that will strengthen the country’s health system and other measures relating to the pandemic before it goes on recess by Feb. 5. 

Speaking at an online forum, the Sagip party-list representative said among the proposed laws that they will focus on are those creating a Medical Reserve Corps, a Philippine Virology Institute, and Center for Disease Control. 

Also, among the House’s priorities are bills covering online transactions, data privacy protection, and assistance to small entrepreneurs.

“One of the bills we will be focusing on, for example, is the Internet Transactions Act, because even purchases are made online now,” Mr. Marcoleta said in Filipino at the Pandesal Forum. 

He said the chamber will also prioritize approval of the proposed Government Financial Institutions Unified Initiatives to Distressed Enterprises (GUIDE) Act, which will direct state-run banks to allocate P10 billion for loans to small businesses severely affected by the pandemic. 

Mr. Marcoleta, who is running for the Senate in May, also said that the chamber is also set to approve a bill that will hire more mental health professionals who will be assigned to primary and secondary level students. — Jaspearl Emerald G. Tan 

House panel approves bill creating new child protection agency

PHILSTAR

THE HOUSE of Representatives committee on appropriations approved on Monday a bill that seeks to establish a new agency that would focus on protecting children from sexual abuse, which has become more rampant during the pandemic.

Under the unnumbered substitute bill, a combination of seven separate bills, an Inter-Agency Council Against Child Sexual Abuse or Exploitation (IACSAE) will be created to implement programs to prevent children from being subjected to cruelty, neglect and other forms of sexual abuse and exploitation. 

IACASE will be placed under the Department of Social Welfare and Development.

The proposed measure, which will be known as the Anti-Sexual Abuse or Exploitation of Children Act, aims to help in the reporting as well as penalizing people or companies who engage in child sexual abuse or exploitation activities. 

The committee will file a final report on the bill. — Jaspearl Emerald G. Tan

P150M worth of fake COVID test kits, other medical products seized

BOC

FAKE antigen test kits for coronavirus, face masks, Chinese medicines, and other counterfeit goods worth P150 million were seized at a warehouse in Manila Friday, the Customs bureau reported. 

Among the confiscated products were “Clungene COVID-19 antigen test kits, counterfeit LianHua Chinese herbal medicines, and fake 3M N95 face masks,” the bureau said in a statement on Monday. 

The test kit brand is not among those approved by the Philippine Food and Drug Administration (FDA). A list of certified test kits may be found at https://www.fda.gov.ph/fda-advisory-no-2021-2094-list-of-covid-19-test-kits-with-fda-special-certification-and-performance-validation-conducted-and-or-recommended-by-the-research-institute-for-tropical-medicine-ritm/. 

Other goods found at the warehouse were “intellectual property rights-infringed goods such as apparel from brands like Nike, Fila, Converse, Adidas, as well as Louis Vuitton and Gucci bags, wallets, phone accessories, and others.”

The Bureau of Customs said the warehouse owner, a Chinese national, was arrested and will be facing charges for violation of the Customs Modernization and Tariff Act as well as FDA rules. 

“Definitely the owner of the warehouse will face the brunt of the law. This is not the first time and not the last time we will see these groups operating on our shores,” Customs Deputy Commissioner for Intelligence Raniel T. Ramiro said.

“Our job here is to make sure these don’t get into the local markets.” 

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