Republic Act No. 10679 - “Youth Entrepreneurship Act”

September 11, 2015, 2:52 pm

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See - Republic Act No. 10679 | Official Gazette of the Republic of the Philippines

[Republic Act No. 10679]

AN ACT PROMOTING ENTREPRENEURSHIP AND FINANCIAL EDUCATION AMONG FILIPINO YOUTH

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. – This Act shall be known as the “Youth Entrepreneurship Act”.

SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to promote the sustained development of young Filipinos whose aptitude and skill in the field of finance and entrepreneurship shall be encouraged and honed through education and specialized training programs. Towards this end, the State shall establish, maintain, and support a complete, adequate, and integrated system of education and training to encourage the entrepreneurial spirit among our youth as well as support and promote the growth of young entrepreneurs nationwide.

SEC. 3. Definition. – As used in this Act, the following terms are referred to as follows:

(a) Eligible entity refers to:

(1) An institution for formal, nonformal, or informal education; or

(2) A partnership between an institution for tertiary education; and:

(i) A nonprofit organization with experience and proven track record in quality financial literacy, entrepreneurship, or personal finance programs; and/or

(ii) A local government dedicated to uplifting the lives of its constituents; or

(iii) Learning organization with experience and proven track record in quality financial literacy, entrepreneurship, or personal finance programs;

(b) Learning center, as provided by Republic Act No. 9155, otherwise known as the “Governance of Basic Education Act of 2001”, refers to a physical space to house learning resources and facilities of a learning program for out-of-school youths and adults. It is a venue for face-to-face learning activities and other learning opportunities for community development and improvement of people’s quality of life;

(c) Learning organization refers to the community association wherein the people and institutions, such as the family, the school, the church, and businesses are together continually learning how to co-create community enterprises with their children and the youth, in general, towards a sustainable life;

(d) MSMED Council refers to the Micro, Small and Medium Enterprise Development (MSMED) Council under the Department of Trade and Industry (DTI);

(e) Standards and competencies refers to entrepreneurial knowledge, understanding, skills, abilities, and attitudes that cover areas of, but is not limited to, financial literacy and accounting, agri-entrepreneurship, agribusiness management, securing capital and borrowing, business plan conception and drafting, management, marketing, design thinking, social entrepreneurship, and community organizing;

(f) Tertiary education refers to any post-secondary education may it be a technical, vocational, or degree program; and

(g) Young entrepreneurs refer to individuals within the age of eighteen (18) and thirty (30) years old who are engaged in the design, creation, establishment, and/or management of a micro, small or medium enterprise.

SEC. 4. Youth Entrepreneurship and Financial Literacy Program. – The promotion of youth entrepreneurship and financial literacy program shall be inculcated in all levels of education nationwide. Consistent with Section 5 of Republic Act No. 10533, or the “Enhanced Basic Education Act of 2013”, the Department of Education (DepED) shall ensure that the K to 12 curriculum shall be supported by programs on entrepreneurship and financial literacy:Provided, That at the elementary level, the programs referred to shall principally focus on the ideal values necessary to become successful entrepreneurs.

The Commission on Higher Education (CHED) and the Technical Education and Skills Development Authority (TESDA) shall ensure the promotion of programs on entrepreneurship and financial literacy.

SEC. 5. Entrepreneurship Education Committee. – There shall be created an Entrepreneurship Education Committee (EEC) chaired by the DepED Secretary or a duly authorized representative, with members composed of a representative each from the CHED, the TESDA, the DTI, and the National Youth Commission (NYC).

SEC. 6. Duties of the EEC. – The EEC shall:

(a) Formulate a national plan of action for the implementation of this Act;

(b) Study and standardize all current programs of schools and institutions on entrepreneurship and financial literacy;

(c) Research current government efforts in foreign countries with the end view of applying relevant practices in our education system;

(d) Provide assistance, training, and support to ensure coherence and clear progression of the objectives of this Act, namely:

(1) Provide information on available government and nongovernment assistance and training programs that may be availed of by students for further training and possible entrepreneurial and financial ventures;

(2) Develop mentoring and coaching programs for young entrepreneurs in coordination with eligible entities to facilitate sharing of technical knowledge and skills/technology transfer;

(3) Set up enterprise incubation laboratories and creative spaces in schools and communities in coordination with eligible entities to encourage enterprise creation and development; and

(4) Coordinate with the Department of Agriculture and Land Bank of the Philippines to develop lending and other support programs specifically for agriculture-related entrepreneurship activities; and

(e) Exercise such other powers as may be necessary to carry out the purposes of this Act.

SEC. 7. Grants and Loans. – Two (2) types of financing for eligible entities and deserving young entrepreneurs are hereby established as follows:

(a) Capacity-Building Grants for Entities Teaching Entrepreneurship:

(1) Elementary and Secondary Levels and Learning Centers. – The DepED shall award grants for a term of not more than four (4) years each, on a competitive basis, to be determined in the implementing rules and regulations, to eligible entities in order to:

(i) Develop standards and competencies for elementary, secondary, and learning center students;

(ii) Train elementary, secondary, and learning center teachers all over the country to teach standards and competencies developed;

(iii) Prepare methods, through their consultants, to evaluate the effect of entrepreneurial education and improve the standards and competencies design as necessary; and

(iv) Develop the standards and competencies for inclusion by the DepED in the required training and education for aspiring elementary, secondary, and learning center teachers.

(2) Tertiary Level. – The CHED and the TESDA shall award grants for a term of not more than four (4) years each, on a competitive basis, to be determined in the implementing rules and regulations, to eligible entities in order to:

(i) Develop standards and competencies for tertiary school students;

(ii) Train tertiary school teachers all over the country to teach standards and competencies developed;

(iii) Prepare methods, through its consultants, to evaluate the effect of entrepreneurial education and improve the standards and competencies as necessary; and

(iv) Develop the standards and competencies for inclusion by the CHED and the TESDA in the required education for aspiring tertiary school teachers.

The EEC shall meet annually regarding these capacity-building grants to monitor the absorptive capacity of the receiving entities, their fund utilization and their progress.

The capacity-building grants to eligible entities referred to herein shall be sourced from the respective annual appropriations of the DepED, the CHED, and the TESDA, as the case may be.

(b) Project Grants and Loans for Young Entrepreneurs:

(1) The DepED, the CHED, and the TESDA may make available to deserving young entrepreneurs who are pursuing a project or study on entrepreneurship, assistance in the form of grants or loans, as applicable. Such applications for grants and loans shall be considered based on the qualifications that each agency will require, the area or level of study and the standards to be determined in the implementing rules and regulations. This shall be sourced from each agency’s annual appropriations.

(2) The DepED, the CHED, and the TESDA shall partner with government financial institutions, banks, national government agencies, local government units, nongovernment organizations, foundations, private corporations, and individuals, foreign or local, who are interested to support entrepreneurship education by launching small enterprise incubation programs with them and making available to young entrepreneurs funding and support for the incubation of an enterprise project. Towards this end, the DepED, the CHED, and the TESDA may accept financial contribution from these partner institutions.

(3) The DTI and the MSMED Council shall be responsible for integrating youth entrepreneurship promotion into the national policies and programs in support of MSMED.

(4) Relevant government agencies and financial institutions shall establish and implement programs that shall include financing and information services, and training and marketing support for young entrepreneurs.

SEC. 8. Joint Congressional Oversight Committee. – There is hereby created a Joint Congressional Oversight Committee to oversee, monitor, and evaluate the implementation of this Act.

The Oversight Committee shall be composed of five (5) members each from the Senate and from the House of Representatives, including the Chairpersons of the Senate Committee on Youth, to act as Chairperson of the Senate Panel, Senate Committee on Education, Arts and Culture, House Committee on Basic Education and Culture, to act as Chairperson of the House Panel, House Committee on Higher and Technical Education, and the House Committee on Youth and Sports Development. The membership of the Committee for every House shall have at least two (2) minority members.

A written report to the Senate and the House of Representatives, through the Oversight Committee, shall be submitted by the EEC annually, to include an implementation status report and an overall assessment of the standards, competencies, teaching methods, and mentoring programs.

The Oversight Committee shall conduct a mandatory review of this Act every year from its approval.

SEC. 9. National Program to Promote Youth Entrepreneurship Development. – The MSMED Council shall develop a national program to promote youth entrepreneurship development. Using the following strategies, the MSMED Council shall:

(a) Include in its MSMED Plan the development of a program and strategy for promoting youth entrepreneurship;

(b) Be responsible for facilitating national programs to encourage youth entrepreneurship as part of a broader strategy to promote the viability and growth of enterprises in the country;

(d) Include the youth representative in the MSMED Council, as provided by Section 9(f) of Republic Act No. 10644, otherwise known as “An Act Promoting Job Generation and Inclusive Growth Through The Development of Micro, Small, and Medium Enterprises”, to coordinate with the EEC on mentoring and support programs, among others.

SEC. 10. Appropriations. – The amount necessary for the implementation of this Act shall be charged to the budget allocated to the DepED, the CHED, the TESDA, the DTI, and other relevant government agencies and institutions under the General Appropriations Act.

SEC. 11. Implementing Rules and. Regulations. – The Secretary of the DepED, the Chairperson of the CHED, the Director General of the TESDA, and the Secretary of the DTI shall promulgate rules and regulations necessary for the proper implementation thereof within one hundred twenty (120) days from the effectivity of this Act.

SEC. 12. Separability Clause. – If any provision of this Act is held invalid or unconstitutional, other provisions not affected shall continue to be in full force and effect.

SEC. 13. Repealing Clause. – All laws, decrees, executive orders or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 14. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.

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Consignation and tender of payment distinguished; HLURB has no jurisdiction over consignation cases.

September 12, 2015, 9:07 am

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SPOUSES OSCAR AND THELMA CACAYORIN VS. ARMED FORCES AND POLICE MUTUAL BENEFIT ASSOCIATION, INC., G.R. No. 171298, April 15, 2013

“x x x.

The Issue:

Whether or not the HLURB had jurisdiction over the complaint for consignation.

X x x.

The Complaint makes out

a case for consignation.

X x x.

Under Article 1256 of the Civil Code,^⁠⁴ the debtor shall be released from responsibility by the consignation of the thing or sum due, without need of prior tender of payment, when the creditor is absent or unknown, or when he is incapacitated to receive the payment at the time it is due, or when two or more persons claim the same right to collect, or when the title to the obligation has been lost.

Applying Article 1256 to the petitioners’ case as shaped by the allegations in their Complaint, the Court finds that a case for consignation has been made out, as it now appears that there are two entities which petitioners must deal with in order to fully secure their title to the property:

1) the Rural Bank (through PDIC), which is the apparent creditor under the July 4, 1994 Loan and Mortgage Agreement; and

2) AFPMBAI, which is currently in possession of the loan documents and the certificate of title, and the one making demands upon petitioners to pay.

Clearly, the allegations in the Complaint present a situation where the creditor is unknown, or that two or more entities appear to possess the same right to collect from petitioners.

Whatever transpired between the Rural Bank or PDIC and AFPMBAI in respect of petitioners’ loan account, if any, such that AFPMBAI came into possession of the loan documents and TCT No. 37017, it appears that petitioners were not informed thereof, nor made privy thereto.

Indeed, the instant case presents a unique situation where the buyer, through no fault of his own, was able to obtain title to real property in his name even before he could pay the purchase price in full. There appears to be no vitiated consent, nor is there any other impediment to the consummation of their agreement, just as it appears that it would be to the best interests of all parties to the sale that it be once and for all completed and terminated. For this reason, Civil Case No. 3812 should at this juncture be allowed to proceed.

Moreover, petitioners’ position is buttressed by AFPMBAI’s own admission in its Comment^⁠⁵ that it made oral and written demands upon the former, which naturally aggravated their confusion as to who was their rightful creditor to whom payment should be made – the Rural Bank or AFPMBAI. Its subsequent filing of the Motion to Dismiss runs counter to its demands to pay. If it wanted to be paid with alacrity, then it should not have moved to dismiss Civil Case No. 3812, which was brought precisely by the petitioners in order to be able to finally settle their obligation in full.

Finally, the lack of prior tender of payment by the petitioners is not fatal to their consignation case. They filed the case for the exact reason that they were at a loss as to which between the two – the Rural Bank or AFPMBAI – was entitled to such a tender of payment. Besides, as earlier stated, Article 1256 authorizes consignation alone, without need of prior tender of payment, where the ground for consignation is that the creditor is unknown, or does not appear at the place of payment; or is incapacitated to receive the payment at the time it is due; or when, without just cause, he refuses to give a receipt; or when two or more persons claim the same right to collect; or when the title of the obligation has been lost.

Consignation is necessarily judicial;

hence, jurisdiction lies with the RTC,

not with the HLURB.

On the question of jurisdiction, petitioners’ case should be tried in the Puerto Princesa RTC, and not the HLURB. Consignation is necessarily judicial, ^⁠⁶ as the Civil Code itself provides that consignation shall be made by depositing the thing or things due at the disposal of judicial authority, thus:

Art. 1258. Consignation shall be made by depositing the things due at the disposal of judicial authority, before whom the tender of payment shall be proved, in a proper case, and the announcement of the consignation in other cases.

The consignation having been made, the interested parties shall also be notified thereof. (Emphasis and underscoring supplied).

The above provision clearly precludes consignation in venues other than the courts. Elsewhere, what may be made is a valid tender of payment, but not consignation. The two, however, are to be distinguished.

Tender of payment must be distinguished from consignation. Tender is the antecedent of consignation, that is, an act preparatory to the consignation, which is the principal, and from which are derived the immediate consequences which the debtor desires or seeks to obtain. Tender of payment may be extrajudicial, while consignation is necessarily judicial, and the priority of the first is the attempt to make a private settlement before proceeding to the solemnities of consignation. (8 Manresa 325).^⁠⁷

While it may be true that petitioners’ claim relates to the terms and conditions of the sale of AFPMBAI’s subdivision lot, this is overshadowed by the fact that since the Complaint in Civil Case No. 3812 pleads a case for consignation, the HLURB is without jurisdiction to try it, as such case may only be tried by the regular courts.

X x x.”

Cases Cited:

¹Bulao v. Court of Appeals, G.R. No. 101983, February 1, 1993, 218 SCRA 321, 323, citing Magay v. Estiandan, 161 Phil. 586, 590 (1976).

^{x x x.}

⁴Art. 1256. If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from responsibility by the consignation of the thing or sum due.

Consignation alone shall produce the same effect in the following cases:

(1) When the creditor is absent or unknown, or does not appear at the place of payment;

(2) When he is incapacitated to receive the payment at the time it is due;

(3) When, without just cause, he refuses to give a receipt;

(4) When two or more persons claim the same right to collect;

(5) When the title of the obligation has been lost.

^{x x x.}

⁶Soco v. Hon. Militante,208 Phil. 151, 159 (1983); Mclaughlin v. Court of Appeals, 229 Phil. 8, 18 (1986); Meat Packing Corporation of the Philippines v. Sandiganbayan, 411 Phil. 959, 973 (2001); B.E. San Diego, Inc. v. Alzul, G.R. No. 169501, June 8, 2007, 524 SCRA 402, 426, 428-429.

⁷Soco v. Hon. Militante,supra at 160-161.

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September 12, 2015, 12:39 pm

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September 12, 2015, 12:41 pm

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Judicial and Bar Council; a call for improved transparency in the disclosure of its evaluation of the final nominees submitted to Malacanang.

September 12, 2015, 1:31 pm

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See -

www.icc-cpi.int/iccdocs/asp_docs/Resolutions/ICC-ASP-3-Res.6-CONSOLIDATED-ENG.pdf

Read the Procedure for the nomination and election of judges, the Prosecutor
and the Deputy Prosecutors of the International Criminal Court (ICC).

Perhaps the Judicial and Bar Council (JBC) of the Philippines and the Supreme Court of the Philippines should take the time to read the aforecited ICC Procedure to see what provisions thereof could be used by them as a model to improve and enhance the current JBC nomination and appointment process for Philippine judges and justices and the Ombudsman, Deputy Ombudsman, and Special Prosecutor.

Without necessarily saying that the ICC Procedure is better that the JBC Procedure, I submit that the current JBC nomination and appointment processes are NOT TRULY TRANSPARENT.

I am not talking only of the JBC ad hoc televised interviews for top positions.

More importantly, I refer to the MINUTES OF MEETINGS of the JBC and the EVALUATION SHEETS for the individual nominees that the JBC approves.

As of now, they are all confidential.

The current practice of the JBC is merely to submit to Malacanang a list of nominees.

The JBC does not publish the bases and standards for the adoption of its final list of nominees.

I refer to the full disclosure of the following information and documents involving the final nominees:

1. Professional Credentials;

2. Moral background;

3. Tract record in the Bar and the Bench;

4. Financial, business and political connections;

5. Law school and bar exams performance;

6. Physical and psychological examinations;

7. Oppositions from the public; and

8. Other relevant information and documents.

Atty. Manuel Laserna Jr.

Partner, Laserna Cueva-Mercader Law Offices

Founder, Las Pinas City Bar Assn, Inc., 2001

Former Dir., Sec. & Vice Pres., IBP PPLM Chapter, 1995-2007

Former Prof. of Law, FEU Inst. of Law, 1985-2006

3rd Place, 1984 Bar Exams, 90.95%

AB Journalism, UP Diliman, QC, 1975

Bachelor of Laws, FEU, cum laude, 1984

Master of Laws, UST (cand.), 1998

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September 12, 2015, 2:36 pm

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Abu Sayyaf and the Human Security Act and the Terrorism Financing Prevention and Suppression Act

September 12, 2015, 3:01 pm

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See - DOJ mulls prosecution of Abu supporters - Yahoo News Singapore

"x x x.

The ruling of a court in Basilan declaring the Abu Sayyaf as a terrorist group will boost the government‘s campaign against terrorism, the Department of Justice (DOJ) said yesterday.

“The proscription will facilitate prosecution not only of members of the group, but also of supporters and financiers of the organization under the Human Security Act and the Terrorism Financing Prevention and Suppression Act,” Justice Secretary Leila de Lima said in a statement.

In a 19-page resolution, Isabela City Regional Trial Court Branch 9 Judge Danilo Bucoy, cited the preamble of the Abu Sayyaf charter, noting it is “resolute and determined to use whatever means, including terrorism, if only to achieve its purpose…to supplant the existing form of government with their own version of an Islamic State.”

The DOJ released a copy of the resolution yesterday.

The court said the concept and essence of terrorism, though not stated in the preamble were “all over it and…deemed written into it.”

It also gave weight to documents and the testimonies of four witnesses that the bandit group aims to terrorize and sow widespread and extraordinary panic among the public.

“These witnesses have passed the court’s careful and intense scrutiny regarding their demeanor, attitude and mannerism on the witness stand. The court find them credible,” according to the resolution.

The court said the Abu Sayyaf was also guilty of coercing the government to comply with its unlawful demands in exchange for the life of its victims.

Several Abu Sayyaf hostages had been beheaded after negotiations for the payment of ransom bogged down.

x x x."

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‘Serial womanizer’ disbarred by SC | Inquirer News

September 13, 2015, 11:59 am

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See - ‘Serial womanizer’ disbarred by SC | Inquirer News

"x x x.

For serial womanizing and other grossly immoral acts, a longtime lawyer has been stripped of his license to practice law.
The Supreme Court en banc has disbarred Quezon City lawyer Ian Raymond Pangalangan for violating the Code of Professional Responsibility and Lawyer’s Oath, ordering his name to be immediately stricken off the Roll of Attorneys for his illicit pursuits.
Pangalangan, a married man who had been practicing law since 1991, was exposed when a fellow lawyer sued him in 2007 for “illicit relations, chronic womanizing” and other “unscrupulous practices” that betray the values demanded of those in the practice.

Complainant lawyer Roy Ecraela was among the many husbands Pangalangan had scorned: the former’s wife is one among the several women with whom the latter had had extramarital attachments.
In his complaint, Ecraela cited Pangalangan’s string of indiscretions, including relationships “with a number of married or unmarried women … some of which were simultaneously occurring, even while respondent was himself married.”

In an en banc ruling on Tuesday, the high court upheld the Integrated Bar of the Philippines’ (IBP) decision to kick Pangalangan out of the legal profession as it found “preponderant evidence” that the respondent had been “committing gross immorality in the conduct of his personal affairs.”

“The practice of law is a privilege given to those who possess and continue to possess the legal qualifications for the profession. Good moral character is not only required for admission to the bar, but must also be retained in order to maintain one’s good standing in this exclusive and honored fraternity,” the high court said in its ruling, parts of which were released in a summary this week.

Voting unanimously, the high court found Pangalangan guilty of “gross immorality” and of violating the 1987 Constitution’s provisions on the family.

Article 15, Section 2, of the Constitution says: “Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.”

He was also found guilty of violating several canons of the lawyers’ Code of Professional Responsibility, particularly provisions against “unlawful, dishonest, immoral or deceitful conduct,” “conduct that adversely reflects on his fitness to practice law,” and “scandalous” acts that discredit the legal profession.
Stern warning
Aggravating the case for Pangalangan was his failure to disclose that the Ombudsman and the Senate blue ribbon committee had recommended him investigated “for possible anomalies committed while in office, during his work at the Office of the Government Corporate Counsel.”

The court did not say when and for how long Pangalangan worked at the state institution.

Initially handling the case, the IBP’s Commission on Bar Discipline ordered Pangalangan suspended for two years, giving a “stern warning” for him to reform.

But the IBP Board of Governors felt such penalty would let Pangalangan off easy: it amended the ruling in 2013, ordering the lawyer’s disbarment.

The case was elevated to the high court in November 2014.

“The court defined the issue as whether respondent had committed gross immoral conduct which would merit his disbarment. Resolving this, the Court agreed with the IBP and adopted its resolution,” read the summary of the ruling.

‘Deplorable arrogance’
In upholding the IBP’s ruling, the high court also cited Pangalangan’s absence during proceedings on his case.

“In all, Atty. Pangalangan displayed a deplorable arrogance by making a mockery out of the institution of marriage, and taking advantage of his legal skills by attacking the petition through technicalities and refusing to participate in the proceedings. His actions showed that he lacked the degree of morality required of him as a member of the bar, thus warranting the penalty of disbarment,” the court said in its ruling.—Tarra Quismundo

x x x."

Read more: http://newsinfo.inquirer.net/721576/serial-womanizer-disbarred-by-sc#ixzz3le9RtkWj
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Philippines Needs to Amend Laws to Attract More Investors to Public-Private Projects - NASDAQ.com

September 14, 2015, 2:26 am

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See - Philippines Needs to Amend Laws to Attract More Investors to Public-Private Projects - NASDAQ.com

"x x x.

MACTAN, Philippines--The Philippines will have to amend existing laws to attract more foreign investment in its public-private partnership infrastructure projects, the executive director of the PPP Center said Friday.

The passage by Congress of the proposed PPP Act will help remove investors' apprehensions that the initiative will be discontinued once a new president is elected in 2016, Cosette Canilao told The Wall Street Journal on the sidelines of the meeting of finance ministers from the Asia Pacific Economic Cooperation, or APEC.

The PPP Act will ensure that the reforms introduced by the PPP Center are established by law to ensure stability and predictability. The PPP Center oversees big-ticket infrastructure projects.

"It will send a message to the private sector that the program will continue beyond this administration," said Ms. Canilao, alluding to the Philippines' reputation of changing contract parameters after the private sector completes major projects.

She said the government will also have to pass the bill to allow the speedier acquisition of rights of way for road and other infrastructure projects. Often, infrastructure projects are delayed because lands marked for roads haven't been acquired by government due to protracted negotiations with land owners.

Ms. Canilao said the Philippines may also have to revise its constitution to allow foreign investors to take a majority stake in major infrastructure projects, which are considered utilities.

The Constitution currently caps foreign ownership at 40% of utilities. This means foreign investors have to first take in a local partner to participate in PPP projects considered utilities such as toll roads and airports.

"That would be a game change if it happens," said Ms. Canilao. But she acknowledged it may be difficult to do that because revising the Constitution is a politically charged issue in the Philippines.

The PPP Center has lined up nearly five dozen infrastructure projects such as toll roads, sea and air ports, and train systems, valued at $24 billion. It has awarded a total $4.2 billion worth of projects and is set to ask for bids on $ 11.2 billion more of projects before President Beigno Aquino III steps down from power.

Ms. Canilao said pursuing the PPP projects beyond the Aquino administration is necessary because it would free up more government funds to finance social services and other projects needed by the people.

She said discussions are now being undertaken by the PPP Center with the Philippine Stock Exchange and investment bankers to find a way to help investors in PPP projects to secure additional financing for their ventures.

Write to Cris Larano at cris.larano@wsj.com

x x x."

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Leave the Lumad alone! - by Dean Tony La Viña

September 14, 2015, 3:22 am

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See - Leave the Lumad alone!

"x x x.

Why should we care about the Lumad?

Lumad is acollective term, meaning homegrown or indigenous, used to refer to 15-18 ethno-linguistic groups in Mindanao. Among those usually included as Lumad are the Subanen, B’laan, Mandaya, Higaonon, Banwaon, Talaandig, Ubo, Manobo, T’boli, Tiruray, Bagobo,Tagakaolo, Dibabawon, Manguangan, and Mansaka.

X x x.

Why should we care about the Lumad?

We must be concerned because they are among the poorest and marginalized in our society. The Lumad are also among the most peaceful and gentle, and therefore the most vulnerable. When provoked however, like their counterparts in Luzon and the Visayas, the Lumad fight back as they have done with the Spanish and American colonizers and the national government in the more recent past. Because many of the island’s natural resources, especially minerals, are in Lumad territory, they are frequently attacked and their ancestral domains encroached upon by outsiders. Such development aggression in turn becomes the breeding ground of the national democratic revolution and the communist insurgency.

There will be no peace in Mindanao and in the Philippines if the rights of the Lumad are ignored and disregarded. Even the successful establishment of the Bangsamoro will not lead to peace without the full inclusion of the Lumad.

What is happening to the Lumad?
Last September 1, 2015, Lumad educator Emerito Samarca, executive director of the Alternative Learning Center for Agricultural and Livelihood Development, a school recognized for its innovative and effective way of teaching, was found in a room in the school, with hands and feet bound, throat slit.

As reported by interAksyon.com, TV 5’s news website, on that same day, two Lumad leaders Dionel Campos and Datu Juvillo Sinzo were also executed, in front of hundreds of children and residents in Han-ayan, Lianga, Surigao del Sur. It is alleged that the educator and leaders were killed by a tribal paramilitary force formed and organized by the military to fight the NPA.

As a result of the September 1 killings, more than 3,000 Lumad refugees are now in Tandag, capital town of Surigao del Sur.

In a strongly worded editorial, interaksyon.com describes Surigao del Sur Governor Johnny Pimentel as not mincing words about whom he blames: “He has had the balls to speak not only about how and by whom all of this nightmare started, he has a pretty good idea how it can all be put to a just and satisfying end. Pimentel says the militias and their military handlers should be prosecuted – even killed if necessary.”

X x x.

To be fair, the military has said it welcomes any probe, with the Manila Standardquoting Brig. Gen. Joselito Kakilala, Commander of the Armed Forces of the Philippines Civil Relations Service (AFP-CRS) as promising: “We will cooperate and support any official investigation. Killings of defenseless civilian is outside of the military parameter. We do not condone these atrocities.”

In the same report, AFP spokesman Restituto Padilla also denied the hand of the military in the killings. Padilla is quoted as saying: “The AFP is also doing its own internal investigation to ascertain if AFP actions were appropriate relative to
this unfortunate event.” The spokesman assured the public that the military had
the interest of the Lumad and respect for their culture “foremost in their
minds.”

In contrast to these assurances of the military are the poignant words of Michelle Campos, daughter of one of the slain Lumad leaders.

Inday Espina-Varona, in an article on ABS-CBNnews.com quotes her as saying: "My message to the government, especially our honorable President is, stop your Oplan Bayanihan that supposedly leads to peace and progress. Because the reality is, it has never brought peace or progress. You say it will bring peace to the lumad. Yes, it is true peace could come to our community because by then the paramilitary would have killed us all. And once all lumad who defend their ancestral lands have been killed, the capitalists will enjoy progress because they will be able to mine our lands."

The big picture: the elephants in the room I have worked in many Lumad areas for 30 years as an environmental and human rights lawyer and know the dynamics very well. There are two elephants in the room here – at a superficial level, the communist insurgency and the national democratic revolution which finds the Lumad squeezed between the military and the New People’s Army; at a deeper level, this is about control over natural resources, especially the minerals, that are abundant in Lumad territory.

The truth is that this is not even principally about the insurgency even if both sides are using the Lumad for propaganda. As I mentioned to Carmela Fonbuena in an article she wrote for Rappler on this issue, it's about control of natural resources and ancestral domain. Before it was about logging. Now it's mining.

I know that because when I was environmental undersecretary in the 1990s I had to mediate many conflicts in the area and at the bottom of it, it was because
military and paramilitary forces were used to expel the Lumad from their
domains and the NPA came in to take advantage of the situation by becoming the
protectors of the Lumad and get their support for the national democratic
struggle. That in turn became the excuse to implement programs like Oplan Bayanihan that divides the Lumad and pit them against each other.

X x x.

At the same time, it must be also said as forcefully that the presence of the NPA has made the Lumad more vulnerable and has worsened their situation. Knowing personally many military officials, as colleagues and as students, I cannot imagine them tolerating serious human rights violations.

But things happen, as they say, in the fog of war when our solders are faced with an enemy that knows how to disappear into the masses. I suppose that this is the same feeling of tribal militiamen – they too are afraid and so strike at whoever they believe threaten them.

Sadly, if in fact this is about the control of natural resources and ancestral domains, then the military, tribal militia, the Lumad communities, and the NPA are just pawns to drive the people away from their territory.

What needs to be done
The first thing to be done, as already pointed out, is to demilitarize the area and for peace zones to be declared in all affected Lumad areas. The military and the NPA must withdraw immediately. The tribal militia in Surigao del Sur and elsewhere must be disarmed. Those who killed the Lumad educators and leaders should be arrested, charged, and held accountable for the murders they committed.

An international investigation must be conducted in parallel with a Commission on Human Rights (CHR) investigation. This is necessary not only to determine the facts of the killings and aid in the prosecution also to identify the root causes of the conflict within Lumad territory. I fully trust the new Chairman of the CHR but it would work best if he put together a mission composed of credible and independent individuals that will take on the task of investigation.

I strongly suggest that the government invite UN Rapporteur for the rights of indigenous peoples Vicky Tauli-Corpuz to visit the affected areas and report on what she sees and make the appropriate recommendations. Vicky knows the Philippines very well, being a Filipina herself, and she is experienced in doing these investigations. Having worked with Vicky for decades on international and national indigenous peoples’ concerns, she has no ideological agenda in what is happening and will be guided only by the best interest of the Lumad.

If needed, human rights groups might consider filing a petition for a writ of amparo, requesting the Supreme Court to order the military and tribal militia from entering and having a presence in Lumad territory.

In the meantime, religious leaders must band with political leaders to make sure that no further killings happen. Already this is happening with the National Council of Churches in the Philippines and the Catholic Bishops Conference of the Philippines standing strongly with the Lumad. I suggest that high-profile delegations of these Churches and religious organizations be sent to the affected areas and accompany the Lumad back to their homes and stay with them until their safety is totally secure.

X x x.

Government agencies like the National Commission on Indigenous Peoples (NCIP) and the Department of Environment and Natural Resources (DENR) must come in and do their job. The NCIP must ensure certifications of Free and Prior Informed Consent have been correctly given and the proper Certificates of Ancestral Domains have been issued.

The DENR must make an inventory of natural resource and mining permits and agreements and make sure they are not exacerbating the situation. In fact, as I pointed out at the beginning of this article, such permits and agreements (and applications for them) must be put on hold to make sure they are not the reason of the conflict.

The Department of Education has a special role in addressing this problem. As the interaskyon.com editorial pointed out: “Educated lumad like Samarca are looked upon as dangerous. They are tagged as rebel coddlers just because of the accident of birthrights and geography, (i.e., rebel camps are near their villages) - if not as communists themselves because, you know, they demand rights, schooling, support, concern for their environment, good governance and responsible practices from extractive industries.”

The sad part is that DEPED has been complicit in what is happening to the Lumad. Knowing the good people that are leading the department, I am sure that this was unintentional. How could any of them imagine that the closure of several Lumad schools earlier this year would lead to the evacuations in Bukidnon and Davao del Norte? How could a department circular allowing military and militiamen to set up camps within public schools in Lumad areas lead to the killing of the wonderful and great educator Emerito Samarca? But these are the unintended consequences when redbaiting propaganda is accepted without question. People die as a result when that happens.

My hope now is that DEPED Secretary Armin Luistro will prioritize this and take the necessary steps so further killings of educators do not happen. Among others, Irespectfully suggest that the good secretary reach out to the Rural Missionaries of the Philippines, fellow religious and church workers who know most about what is happening to the Lumad. I have known of the work of the Rural Missionaries for decades. They have been consistent in their service to Church and people. Long before Jorge Bergoglio became Pope Francis, the Rural Missionaries have been immersed in the peripheries.

X x x.

– Rappler.com
x x x ."

X x x.”

↧

Lower income tax rates? Aquino 'not convinced' it's good idea

September 14, 2015, 3:48 am

≫ Next: Leonen: Supreme Court not perfect | Inquirer News

≪ Previous: Leave the Lumad alone! - by Dean Tony La Viña

See - Lower income tax rates? Aquino 'not convinced' it's good idea

"x x x.

MANILA, Philippines – President Benigno Aquino III is not yet convinced that lowering income tax rates will benefit the majority, stressing the government's thrust of improving tax collection.

It was reported on September 3 that the Palace rejected a House bill that seeks to lower income tax rates in the country. The goverment is estimated to lose at least P30 billion ($641.49 million) during the first year of its implementation. (READ: Palace: No new or higher taxes, income tax cuts)

x x x.

Marikina Representative and committee chairman Romero Federico “Miro” Quimbo earlier said the House bill on lowering income tax would have 4 brackets, which include:

* Workers earning less than P180,000 ($3,850.13) a year would be exempted from paying income taxes

*Workers earning P180,000 ($3,850.13) to P500,000 ($10,695.64) would pay a tax rate of 9%

* Those earning between P500,001 ($10,695.64) to P10 million ($213,901.29) a year would have a tax rate of 17%

* Those earning more than P10 million ($213,830.76) would pay a 30% income tax

*Quimbo said corporate taxes would be reduced to 25%.

For progressive taxation

Aquino stressed that through prudent measures, the deficit has been managed, lowering it in proportion or as a ratio to the country's gross domestic product.

For this, various credit rating agencies gave the country positive investment grades under his watch, Aquino said.

"Ang tanong, kapag binawasan natin ‘yung income tax, mababawasan ‘yung revenue, lalaki ‘yung deficit. Iyong paglaki ba ng deficit magiging negative factorkapag ni-rate sa atin o ni-rate tayo nitong mga credit ratings agencies?"he asked. (The question is, if we lower the income tax rate, revenue would decrease and deficit would increase. If the deficit increases, would this be a negative factor once these credit rating agencies begin to rate us?)

He pointed out that when income taxes are lowered, VAT would increase.

The finance department submitted to Congress in August the government’s tax reform bill, which includes an all-in income tax exemption to all wage earners with an annual income of less than P1 million ($21,387.76).

Along with the proposal is increasing VAT from 12% to 14% and expanding the VAT base by removing all exemptions, except in agriculture, health, banks, education, as well as removing zero-rating, except direct exports.

"Kapag tinaasan natin ‘yung langis, o ‘yung taxes diyan, taasan lahat ng presyo dahil sa transportasyon, tataas ‘yung kuryente. So ang tanong, makabubuti ba ‘yung pagbababa 'nung income tax level sa mga kababayan natin? At ako’y hindi kumbinsido sa ngayon." ("If we increase taxes in oil, prices in transporation, electricity would spike. So the question is, would it be beneficial if we lower the income tax level? I'm not convinced at the moment.")

Aquino said that what he thinks the Constitution asks is progressive taxation, or simply put, those who are richer should pay higher taxes.

"'Yung mga tax tulad sa VAT, damay lahat anuman ang sitwasyon mo sa buhay, kung anuman ang level [mo sa] society. So parang ‘yung VAT at saka ‘yung sa oil, [tatamaan] lahat. Hindi yata ‘yan ang hinahabol ng Saligang Batas na dapat progressive taxation."

([Increasing] taxes like VAT will affect all, regardless of one's status in the society. So VAT or oil tax increases, [I don't] think this is what the Constitution states as progressive taxation.)

Thus he reiterated his earlier promise that his administration will not increase tax, except passing the Sin Tax Law in 2012, which was to implement tax collection in aid of expanding health care coverage in the country.

–Rappler.com

x x x."

↧

Leonen: Supreme Court not perfect | Inquirer News

September 14, 2015, 4:05 am

≫ Next: No parole in capital offenses, indivisible penalties. - AM No. 15-08-02-SC.pdf

≪ Previous: Lower income tax rates? Aquino 'not convinced' it's good idea

See - Leonen: SC not perfect | Inquirer News

"x x x.

BAGUIO CITY, Philippines—Supreme Court Associate Justice Marvic Leonen, whose dissenting opinion on the granting of bail to Sen. Juan Ponce Enrile sparked friction on the bench, said the court’s final decisions must be respected even though these are not necessarily infallible.

“The Supreme Court is not perfect,” Leonen said in a lecture on the judicial system before law students of the University of Baguio on Thursday.

But he said its interpretations of law are final due to the legal principle called res judicata (a doctrine which states that an issue may not be litigated again when its merits had been judged by a competent court).

The duty of lawyers is “to recognize the finality of decisions,” he said.

Leonen, who at 52 is the youngest of the 15 justices on the high court, described dissenting opinions as “expressions of hope that [what a dissenting magistrate considers erroneous judgments] may be addressed by some justices… who may be able to sway the majority.”

He said it “is certainly our right as citizens and academics to religiously call attention to the fallibility of the courts,” whether it involves a misinterpretation of rules or its apparent “subservience to the status quo.”

“The Supreme Court should not be immune to public scrutiny. It should thrive on it,” Leonen said, adding that “the Constitution reiterates and underscores our role as guardians against grave abuse of discretion by any branch of government.”

“In my view,” he said, “the legitimacy of a court depends on the quality of its judicial opinions.”

Leonen was the most vocal of four justices who voted last month against the majority decision to grant the 91-year-old Enrile bail on a nonbailable plunder charge on humanitarian grounds.

Enrile is on trial for his alleged role in the P10-billion pork barrel scam allegedly masterminded by Janet Lim-Napoles, using fake nongovernment organizations to receive funds from lawmakers’ allocations.

Leonen’s dissenting opinion questioned how the majority decision was finally arrived at, eliciting a complaint from its ponente, Associate Justice Lucas Bersamin, who said Leonen broke the high court’s code of silence.

Leonen made no reference to this supposed friction.

But in outlining the judicial framework, he said: “The disposition of cases… is not supposed to be accommodations to a political principal. Rather it should be the result of a deep analysis of the facts as they are established by evidence and the reasoned application and cogent interpretation of the text of the law.”

He said judicial opinions are made public and “are open to critique having passed into the public domain.”

Reacting to a comment from the students, Leonen said: “I am tempted to say that if you knew who we are, you will cease calling us gods [of the judiciary]. The Supreme Court is composed of 15 justices… who serve on good behavior or until they reach 70 years old. So the composition of the court changes [and that is] by design because in reality there is no perfect human institution.”

Law schools should take an active role in examining laws and court decisions, said Leonen, a former law dean at the University of the Philippines.

“[Their] final intellectual task… is to understand how laws really matter [to contemporary Philippine society],” he said, by paying particular attention to court rulings, “which could ripen into doctrine.”

“[The academe] must carry the responsibility of informing the lawmakers if laws [framed the way they were legislated] actually work,” he said.

“In truth,” he said, most laws “reflect lines of contending political interests… [and provide] a balance between competing points of views.”

“Laws and their interpretations change. Hopefully the changes are for the better. In truth, the changes in the text of a law and their interpretation leave much to be desired,” he said.

—Vincent Cabreza, Inquirer Northern Luzon

x x x."

↧

No parole in capital offenses, indivisible penalties. - AM No. 15-08-02-SC.pdf

September 14, 2015, 9:40 am

≫ Next: Mining is a social justice issue. - by Christian Monsod

≪ Previous: Leonen: Supreme Court not perfect | Inquirer News

See - 15-08-02-SC.pdf

Read:

A.M. No. 15-08-02-SC;

GUIDELINES FOR THE PROPER USE OF

THE PHRASE "WITHOUT ELIGIBILITY FOR PAROLE" IN INDIVISIBLE PENAL TIES.

This SC issuance relates to the proper use of the phrase "without eligibility for parole" in indivisible penalties.

↧

Mining is a social justice issue. - by Christian Monsod

September 14, 2015, 10:49 am

≫ Next: List of laws that protect the privacy/confidentiality of the identities of the parties, records, and court proceedings - AM No. 83-2015.pdf

≪ Previous: No parole in capital offenses, indivisible penalties. - AM No. 15-08-02-SC.pdf

See - Mining is a social justice issue

"x x x.

The real question before us today is: Should mining be allowed in the Philippines?

I believe that we should be open to that proposition provided 4 minimum conditions are met:

(1) the environmental, social and economic costs are accounted for in evaluating mining projects;

(2) the country gets a full and fair share of the value of the extracted resources,
(3) and this is addressed to the government, the institutional capabilities of the government to evaluate and regulate mining activities are put in place; and
(4) again addressed to the government, since mining uses up non-renewable natural capital, the money from mining are specifically used to create new capital such as more developed human resources and infrastructure, particularly in the rural areas.

In this regard, I refer you to the paper of Prof Ronald Mendoza of the AIM Policy Center and his proposal for a "middle ground" that involves the establishment of an "inclusive growth" trust fund.

x x x.

I submit that mining is a social justice issue. And we cannot discuss it except in the context of our country's dismal performance in addressing mass poverty and the gross inequalities of income, wealth and political power that persist more than 25 years after the glowing promise of EDSA of a just society.

Statistics

We are all familiar with the data.

Over 24 million Filipinos are poor, i.e. "poor" meaning per capita income of less than P46/day and about 9.4 million of them are "food poor," i.e those who live on P32/day, not even enough to meet the minimum 2,000 calories a day. Over 28 years, our real per capita income rose only 20% while per capita incomes of our neighbors increased – like Malaysia (400%), Thailand (500%) and China (1100%) – in the process eradicating absolute poverty.

Even more compelling – the inequality of income has not changed since Edsa. The top 1% of the families numbering 185,000 have an income equal to the income of the bottom 30% of the families numbering 5.5 million. There are many more such data but this is not the forum for them.

I just wanted to make the point that history has not been very kind to our poor. And we know this must change.

The increasing inequality of income, wealth and political power is, of course, happening worldwide. In our particular case, the root of the problem is the development paradigm followed by every administration – that rising waters raise all boats – that sustained economic growth driven by investments will eliminate poverty. But conclusive empirical data tell us that sustained high growth is not possible unless we also address the problem of inequality. And that means not only income reform – quality education, universal health care and livelihood – but also asset reform, which is primarily about land and natural resources and a substantive redistribution of their benefits and costs. As you know, the four asset reform programs are agrarian reform, urban land reform and housing, ancestral domain and fisheries.

x x x.

Environmental, social and economic costs and benefits

Mining activities are usually located in rural and mountainous areas and can affect farmlands, rivers and shorelines, where the poorest of the poor are located, namely, the farmers, indigenous peoples and municipal fishermen.

The fact is that mining cannot be conducted without affecting the land, water, and air surrounding the site, as well as the various natural resources found in them. Mining involves the extraction of minerals, but may also involve the use or destruction of non-mineral resources, such as fresh water, timber, and wildlife. This may also result in health problems, displacement of people, social divisiveness, even the need to provide PNP and AFP protection to mining companies. Then there are the disasters that can happen from the cutting of trees, from siltation and erosion, and accidents from mining structures. All these translate into public costs.

That is why mining is often cited as an example of what Paul Krugman calls activities that privatize benefits and socialize costs. This is the social justice issue on mining.

As for the argument that minerals are meant to serve humanity and are the raw materials for the modern conveniences we use everyday, the point is that, in cases where mining is allowed, the minerals should be priced at full cost, including environmental, social and economic costs. Otherwise, our poor who mainly bear these costs would be subsidizing the consumerism of the rich, both domestic and foreign.

We cannot find the answers to the plight of the poor unless we listen to the poor. In this regard, you might want to read 3 public documents – the National Rural Congress II of the CBCP in 2007, the Climate Change National Consultations of 2009 and the Summit on Poverty, Inequality and Social Reform conducted last October to December 2011.

Why climate change? Because the new normal arising from climate change requires a watershed approach to mitigation, adaptat,ion and disaster management and watersheds are where the forests and minerals are mostly located. In these conferences, one of the deepest concerns of the poor are the environmental, social and economic costs of mining.

The benefits and costs of mining

What we want to know are the real contributions of mining to GDP, exports, employment, government revenues, investments, industrialization, poverty alleviation, etc.

Here are some statistics:

Ave. contribution to GDP

2000-2009 = .91%

2010 = 1.30%

Ave share to total employment

2000-2009 = 0.376%

2010 = 0.5% = 197,000

Ave contribution of metallic mining to total exports

2000-2009 = 2.96%

2010 = 3.7%

Ave. share of mining investments to total investments = 2.5%
Total government taxes, fees and royalties

1997-2010 = P64.2 B

Total production value of mining companies

1997-2010 = P842 B

On industrialization: Per former NEDA Secretary Cielito Habito: Based on national I-O tables: Backward linkages of mining = .46 (less than half of other industries); Forward Linkages is a low .82. These mean that mining is not considered enough of a value-adding activity.

On poverty alleviation: Mining has the highest poverty incidence of any sector in the country 48.7%. The only sector where poverty incidence increased between 1988-2009. High poverty incidence in many mining areas i.e. CARAGA (47.5%), Zamboanga Peninsula (42.75%), Bicol region (44.92%), the national average being 26%. At the municipality of Bataraza in Palawan where Rio Tuba has been operating for 30 years, the poverty incidence (53%) is double the national rate. The mining industry is correct in pointing out that the statistics do not establish causality. But the data at least shows an association between mining and poverty that raises questions on the claim that mining improves the quality of life in its communities.

Investment and export proceeds

The mining industry's absolute figures on gross investment inflows and export proceeds are impressive, but they are only one-half the picture.

Mining companies are allowed to recover and repatriate all pre-operating and development costs up to 4-5 years after start of operations. Thus, the inflows and outflows on investment may even out during that period.

On export proceeds, mining operations usually front load production during the first five years, arguably to exploit market opportunities, but this also happens to coincide with their tax holidays. Profit remittances can, thus, be considerable.

Government revenues

The DENR says that there is a discrepancy between potential excise taxes from mining and actual collections (P7.8 billion from 2000-2009). The LSM sector claims that their payments in 2008-2009 equaled the collectible amount and that the uncollected excise taxes are attributable solely to small-scale miners and quarrying. That may be true. But it is interesting that if one takes a longer view, from 1997-2007, there is no such correlation. Actual collections for 6 of the 11 years are lower than the collectibles from LSM ranging from 4%-36%.

It is unfortunate, that the small-scale mining sector was not invited to speak at this conference so it can defend itself and justify its role in the development of the mining industry. After all, the production value of SSM from 1997-2010 was the same as that of LSM at about P300 billion.

Employment

The mining industry claims that 1 direct job in mining creates 5 more jobs in the rest of the economy – a multiple of 5. NEDA denies that it has any such data. However, a study by Madeleine B. Dumaua based on the 2000 Input-Output tables of the economy shows that:

A peso change in the final demand for the mining/quarrying generates P1.70 pesos worth of additional output for the economy;

On employment, every one million of additional investment in mining/quarrying generates additional employment of 2.2, not 5.

The average multiplier of 2.2 jobs includes SSM which requires virtually no capital investment and capital-intensive LSM, like Tampacan, that will generate 10,000 temporary jobs and 2,000 permanent jobs with a $5.9 billion investment (about P120 million per permanent job). The mineral extractive industry is considered worldwide as a low job generating activity.

These data put in question the expansive claim by the Chamber that the projected LSM $15 billion investments will generate 70,000 direct jobs that will result in 350,000 other jobs, leading to 2,050,000 jobs by 2018 with 10.25 million Filipinos as "direct beneficiaries of mining." A recalculation would look more like 576,000 Filipino beneficiaries.

The share of government in mining revenues

The Chamber is objecting to the proposed royalty of 5% on mining revenues on the ground that it would drive investors to other countries with more favorable financial regimes. The industry in November 2011 appealed to the government not to increase the royalties because the "current fiscal regime…. may be the only thing that's keeping the industry afloat."

At the same time, the stock market is at new highs and the newspapers banner unprecedented mining profits in some companies.

RA 7942, Sec. 80:

"The total government share in a mineral production sharing agreement shall be the (2%) excise tax on mineral products as provided in Republic Act No. 7729, amending Section 151(a) of the National Internal Revenue Code, as amended."

An excise tax is a tax on the use or consumption of certain products, or a tax on an activity. In the case of mining, no value is given to our minerals.

Some comparisons by the MGB of the fiscal regimes of selected countries (China, India, Indonesia, Mongolia, Myanmar, Papua New Guinea, Peru, Chile) show that the fiscal regime in the Philippines is quite competitive with, if not more favorable than, those of other countries.

Moreover LSM are given generous tax incentives, to wit:

(1) income tax holidays of 5 years (including excise taxes)

(2) deduction of 50 percent of labor expenditure from taxable income

(3) tax and duty exemptions on imported capital equipment and spare parts

(4) exemptions from wharfage fees, and additional incentives for enterprises that locate in less developed areas

(5) the privilege to deduct 100 percent of expenditures on infrastructure from taxable income, over a period of 10 years

(6) during the exploration period are not liable for income taxes. When they begin commercial operations, they are entitled to register with the Board of Investments for a five–year income tax holiday

(7) exemption of pollution control devices from real property and other taxes

(8) income-tax carry forward of net-operating losses incurred in the first 10 years, which may be deducted from taxable income over a five-year period;

(9) accelerated depreciation of assets—at twice the normal rate

(10) option to deduct the cost of all exploration and development expenditures from taxable income over a four-year period from commencement of commercial operations

In the case of FTAA (financial and technical assistance agreements)

(11) they are allowed to recover all their tax and operating expenses before they begin to pay either the basic or the additional shares of government, such as:

(a) contractor's income tax; (b) customs duties and fees on imported capital equipment; (c) value-added tax on imported goods and services; (d) withholding tax from interest payments on foreign loans; (e) withholding tax on dividends to foreign stockholders; (f) documentary stamp taxes; (g) capital gains tax; (h) excise tax on minerals; (i) royalties for mineral reservations and to indigenous peoples , if applicable; (j) local business tax; (k) real property tax; (l) community tax; (m) occupation fees; (n) registration and permit fees; and (o) all other national and local taxes, royalties and fees as of effective date of the FTAA.

To summarize the issue on the revenue sharing: Not only are our minerals not given any value, our government pays the contractors to extract them through fiscal incentives. What do we get in return?

(a) Very little by way of taxes, fees and royalties, and practically none at all during the tax holiday period

(b) Very little by way of job generation

(c) Probably little net foreign exchange inflows

(d) Very little contribution to GDP

(e) Very little industrialization linkages

(f) Questionable poverty alleviation results

Of course, there is always the potential. But there may be another side to the relatively low benefits from mining – there is not much to lose should the government refuse to give in to the demands of mining that would compromise the environment. Timely alternative development strategies may, in fact, result in a net gain.

Institutional capacity of government to evaluate and regulate mining

One cannot blame the mining industry for always trying to get the best deal for its shareholders. But it is the responsibility of government to protect the interests of the country.

However, the government admits in the Philippine Development Plan 2011-2016, that it does not have the capability to make that kind of assessment:

(a) Page 310 of the PDP: "…currently, there is no standard resource and environment valuation. There is a need to have a cost-benefit analysis and standard parameters that will consider all relevant values (including non-market values)"

(b) "government capacity for resource management is wanting"

(c) "enforcement of environmental laws and policies is inadequate...Relevant environmental laws, specifically those regulating the utilization of natural resources, i.e. NIPAS, etc. are poorly implemented."

The question begs to be asked – how can the government approve any mining application or allow any mining operation in the absence of these institutional safeguards?

The proposal is to adopt TEV (Total Economic Valuation) and WAVES (Wealth Accounting and Valuation of Ecosystem Services) which is an integration of TEV and natural capital accounting. WAVES is an initiative of the World Bank which is supportive of "responsible mining." It complements the Extractive Industry Transparency Initiative (EITI) – a priority advocacy of the Chamber of Mines.

The exercise is not "catatonic" because "significant advances have been made in defining and conceptualizing protected areas valuation." There are at least 60 instances, at least 3 in the Philippines, where TEV has been done. There are enough research work and examples to arrive at a less than perfect, but nonetheless usable, formula.

WAVES is a comprehensive wealth management approach to long-term sustainable development that includes all assets – manufactured capital, natural capital, human and social capital. The methodological framework is the UN's System of Environmental and Economic Accounting (SEEA) developed over the past 20 years.

This is a good time to adopt these analytical tools since the Philippines is one of 6-10 countries where WAVES is being piloted by the World Bank. Why the Chamber of Mines seems to object to their explicit application to mining projects in the new policies is frankly hard to understand.

We need these tools. For example, there is an apparent oversight in the Mining Law or its IRR – because the so-called final rehabilitation fund for phased out mines applies only to the capital costs of rehabilitation – like land restoration and reforestation. There is no perpetual accountability or trust funds for the maintenance of structures like tailings dams or the disasters that could happen years later from dam breakages. These risks should be borne by the mining companies and not by our taxpayers, which seems to be the case today. This is not responsible mining. If my understanding of the rules is wrong, I will be happy to be corrected.

Until the new policies are fully in place, the government should strictly apply the precautionary principle to pending issues. The principle is public policy under RA 9729 (Climate Change Act of 2009), and was enunciated by the Supreme Court in issuing the Writ of Kalikasan:

Part V. Rule 20, "Sec. 1 When there is a lack of full scientific certainty in establishing a causal link between human activity and environmental effect, the court shall apply the precautionary principle in resolving the case before it. The constitutional right of the people to a balanced and healthful ecology shall be given the benefit of the doubt."

This safeguard is needed. The present mining system is simply no longer workable because it is onerous to the country and is open to corruption and to decisions that are vulnerable to future questionings, and we need a little more time to put things right.

In closing, may I say that the mining industry is correct that our fragmented views on mining heightens the uncertainty of mining investors, although this may have the reverse effect on other investors, as in tourism. The mining industry should thus welcome the initiative of the government to put in place a new set of rules that can promote solidarity with consultations. If the rules turn out to be too tough on mining, at least the decision to invest will have less uncertainties and its parameters will be clear.

On the other hand, the government and other stakeholders should be fully aware of their consequences on mining investments and the need for a fair and proper disengagement process, if necessary, as well as the urgency of implementing alternatives to mining.

In times like this, it is good to remember the words of Albert Camus when he received the Nobel Peace Prize – we should put ourselves at the service not of those who make history but of those who suffer it. - Rappler.com

This is the speech delivered by Mr Christian Monsod at the "Conference on Mining’s Impact on Philippine Economy and Ecology" held Friday, March 2, at the Interncontinental Hotel in Makati City.

"x x x.

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See - 83-2015.pdf

Read:

ADMINISTRATIVE CIRCULAR NO. 83-2015.

PROTOCOLS AND PROCEDURES IN THE

PROMULGATION, PUBLICATION, AND POSTING ON THE WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL ORDERS USING FICTITIOUS NAMES.

Notes:

1. The Court issued "Guidelines for the purpose of protecting the privacy and dignity of victims, including their relatives, in cases where the
confidentiality of court proceedings and the identities of parties is mandated by law."

2. Confidentiality of the identities of the parties, records, and court proceedings is mandated by the following laws:

Republic Act (R.A.) No. 7610 in cases of child abuse, exploitation, and discrimination;

R.A. No. 8508 in cases of rape and other forms of sexual abuse or assault;

R.A. No. 9208 in cases of human trafficking;

R.A. No. 9262 in cases of violence against women and their children; and

R.A. No. 9344 in cases involving children at risk and those in conflict with the law.

The Protocol applies to cases where the confidentiality of the · identities of the parties, records, and court proceedings is mandated by laws
or rules not expressly mentioned herein and by similar laws or rules to be enacted in the future.

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Cases covered by Section 6. Republic Act 10142, Financial Rehabilitation and Insolvency Act of 2010 (FRIA) - 03-03-03-SC.pdf

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See - 03-03-03-SC.pdf

AMENDMENT OF A.M. NO. 03-03-03-SC,

DATED JUNE 17, 2003.

EXPANSION OF THE COVERAGE OF CASES COGNIZABLE BY THE SPECIAL COMMERCIAL COURTS TO INCLUDE ALL CASES ON INSOLVENCY AND LIQUIDATION UNDER THE FRIA RESOLUTION

(Section 6 of RepublicAct No. 10142, Financial Rehabilitation and Insolvency Act of 2010 [FRIA]).

The following FRIA cases shall be heard and decided by the designated Special Commercial Courts:

1. Cases governed by the FRIA are:

(a) the rehabilitation of sole proprietorships,

(b) the insolvency and liquidation cases of corporations, partnerships and other associations, and

(c) insolvency and suspension of payments/discharge of individuals.

2. Liquidation cases emanating from administrative proceedings.

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Financial Liquidation and Suspension of Payments Rules of Procedure for Insolvent Debtors (2015), otherwise known as the "FLSP Rules"

September 14, 2015, 12:37 pm

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See - Microsoft Word - FINAL FINAL FLSP RULES - 15-04-06-SC.pdf

Read:

A.M. NO. 15-04-06-SC
FINANCIAL LIQUIDATION AND SUSPENSION OF PAYMENTS RULES OF PROCEDURE FOR INSOLVENT DEBTORS (2015)

Reference:

Republic Act No. 10142, otherwise known as the Financial Rehabilitation and Insolvency Act of 2010 (FRIA).

The Court resolved to APPROVE the Financial Liquidation and Suspension of Payments Rules of Procedure for Insolvent Debtors (2015), otherwise known as the "FLSP Rules".

"SEC. 2. SCOPE. – These Rules shall govern the practice, pleading, and procedure for the liquidation of insolvent juridical and individual debtors, and suspension of payments of insolvent individual debtors pursuant to the FRIA.

They shall similarly govern all further proceedings in insolvency cases already pending, except to the extent that, in the opinion of the court, its application would not be feasible or would work injustice, in which event the procedures originally applicable shall continue to govern.

These Rules shall have suppletory application to the liquidation of entities expressly excluded from the coverage of the FRIA under Section 5, Chapter I thereof."

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Tenth Regular Foreign Investment Negative List. - Executive Order No. 184, s. 2015 | Official Gazette of the Republic of the Philippines

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See - Executive Order No. 184, s. 2015 | Official Gazette of the Republic of the Philippines

EXECUTIVE ORDER NO. 184

PROMULGATING THE TENTH REGULAR FOREIGN INVESTMENT NEGATIVE LIST

WHEREAS, Republic Act (RA) No. 7042, also known as the “Foreign Investments Act of 1991,” as amended by RA No. 8179, provides for the formulation of a Regular Foreign Investment Negative List, covering investment areas/activities which are open to foreign investors and/or reserved to Filipino nationals; and

WHEREAS, there is a need to formulate the Tenth Regular Foreign Investment Negative List, replacing the Ninth Regular Foreign Investment Negative List, to reflect changes to List A, pursuant to existing laws.

NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Tenth Regular Foreign Investment Negative List. Only the investment areas and/or activities listed in the Annex hereof shall be reserved to Philippine nationals, and hereafter shall be referred to as the Tenth Regular Foreign Investment Negative List. The extent of foreign equity participation in these areas shall be limited to the percentages indicated in the List.

SECTION 2. Amendments. Amendments to List A may be made at any time to reflect changes instituted in specific laws while amendments to List B shall not be made more often than once every two years, pursuant to Section 8 of RA No. 7042, as amended, and its revised implementing rules and regulations.

SECTION 3. Repeal. All issuances, orders, rules and regulations, or parts thereof, which are inconsistent with this Order are hereby repealed, amended or modified accordingly.

SECTION 4. Separability. If any provision of this Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SECTION 5. Effectivity. This Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

DONE, in the City of Manila, this 29th day of May, in the year of our Lord Two Thousand and Fifteen.

(Sgd.) BENIGNO S. AQUINO III

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Go to above link. Read:

Republic Act (RA) No. 7042, also known as the “Foreign Investments Act of 1991,” as amended by RA No. 8179, provides for the formulation of a Regular Foreign Investment Negative List, covering investment areas/activities which are open to foreign investors and/or reserved to Filipino nationals.

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