Scrap VAT on imported goods for relief

Congress should scrap the imposition of value added tax on goods imported to the Philippines for humantarian and relief purposes.
This comes in the aftermath of Typhoon Ondoy, which has ravaged Metro Manila, and rendered thousands homeless, and in need of relief from all over the world.
The problem is, if relief goods are donated and brought to the Philippines, there is a VAT imposed, which is ten percent of the value of the goods imported.
The law, under Section 107 of the National Internal Revenue Code prevents the release of the goods unless the importer pays the VAT.
This happened recently in Dumaguete City.
Imported goods to be donated for the less fortuntate were left almost rotting and destroyed in the customs because of the VAT requirement.
Sayang, there are many from abroad who want to donate, but are dissuaded.
Nag-donate ug motabang na, bu-buwisan pa.
We note that the law imposes the tax on the "importer," meaning the Pinoy recipient, but in reality, it is still the donor abroad who pays the tax, because if it is for relief, you do not expect the recipient of the relief items (the typhoon victims or NGO relief distributors, for instance) to pay the tax.
We drafted a bill to change this provision.
Our thinking is not a blanket eradication of VAT on donated items from abroad.
Since government also needs the revenues.
But only those donated items for humantarian and relief purposes are to be exempt from VAT.
We hope the law will be changed soonest.
There are countless, generous hearts out there.
Government should make it easier for them to give.

Brownouts: An election issue

I fear that brownouts will mar next years automated elections.
Accurate, computerized elections will depend on the stability of electricity supply.
In Negros Oriental for instance, brownouts are a regular, common, scheduled occurrence.
Elections are held on the second Monday of May.
In Negros Oriental, brownouts are scheduled usually on Sunday.
So it is not unexpected that Sunday before the elections, there will be brownouts.
I can’t imagine a scenario of brownouts during elections.
But it is a reality.
In previous elections here in Dumaguete and Negros Oriental, brownouts are a part of the elections.
I recall, in the 2007 elections, a brownout was reported in city hall.
I was in Dumaguete at that time, and there was no brownout except at city hall.
Brownouts traditionally have been old electoral fraud tactics.
Power outages are resorted to by political camps to suppress the will of the people.
When there are power failures, it will be too hot to count the ballots.
Election canvassers will have to resort to candle-light ballot counting.
This will be susceptible to error, or worse, to fraud.
When there is brownout, there is darkness.
Out votes, our ballots, and our country’s future, will be hostaged by deliberate darkness.
I have yet to hear our local officials, who have been sitting in power for many many years, explain how these power outages will be resolved.
They have been in power for so long.
But they have never solved the brownout problems.
Power supply is a very basic service.
Once in Hongkong, I asked whether there are brownouts in Hongkong.
I was laughed at.
“Mister, if Hongkong has brownouts, Hongkong will collapse,” I was told bluntly.
But in Dumaguete and Negros Oriental, brownouts is like its part of our lives.
Brownouts are experiences that we have to endure.
We just have to grin and bear it.
Local officials seemingly don’t like to have it resolved.
Brownouts benefit politicians, specially during elections.
Besides, they have their own generators.
They don’t feel the urgency of eliminating brownouts.
But to me, brownouts should be a local election issue.
The officials who again seek our votes should be made to explain how they are going to resolve the perennial power outages.
What are they going to do with Noreco, which conveniently releases prepared reasons everytime there is a brownout.
Reasons range from falling branches of trees, to “regular maintenance” procedures.
I was still in short pants, and “regular maintenance” procedures already has been the predictable reason.
There should be some variety in giving out reasons for brownouts.
When will these brownouts end?
When will we be free from the bondage of power failures?
The coming elections should be our chance.
As the electorate, we should make these brownouts an election issue.
Electricity is a very important utility, next perhaps to water supply.
If we continue to vote for these officials who have not ensured the delivery of very basic services, then we deserve the kind of officials we elect.

American bad manners

This week, the whole world saw the American version of “bad manners.”
First, a South Carolina congressman Joe Wilson, shouted “You Lie” while their head of state, President Barack Obama was delivering a speech in Congress.
America is the model of democracy.
Their congress is the greatest hall where democracy is practiced.
But Joe Wilson brought to the ultimate extreme, their democratic value of freedom of speech.
Not that it is wrong to express ourselves against the President.
What was wrong was the absence of civility because it was done right in the President’s face while giving a speech, not just to America but live for the whole world to see.
American bad manners.
The next was Kanye West. He went up the stage while Taylor Swift was making a speech after the young lady was given the top country singer award.
Kanye West, went up the stage in the middle of the acceptance speech, and said Beyonce, another female artist, had the greatest video of all time, rebuking the choice to award Taylor Swift.
The U.S. Preisdent was heard to have made an off-mike comment summing up Kanye West’s behavior: “He’s a jackass”.
If translated to our Filipino language, it would have been “tarantado,” or better still, “gago”
America is the ultimate model of democracy.
One of the greatest values they hold is the freedom to speak.
But some people there brought democracy to the ultimate low extreme, way beyond the bounds of civility.

Loosing Jingle

The last time I saw him, we had so much fun, it seemed there was no tomorrow.
That last I heard of him, he was gone like being snatched by a thief in the night.

I am talking about my high school friend Jay Glenn “Jingle” Dizon.
Jingle died early morning yesterday from severe fractures at the back of his head after colliding fatally with another motorcycle in Dumaguete city
It was totally unexpected.
Still at the prime of his life, Jingle ended it without saying goodbye.
I received the shocking news from classmate Voltaire who sent me a text message.
“We lost a friend, Jingle”
The story was that he had a night out in the home of his parents in Daro.
He went home aboard his motorcycle.
Somewhere in Banilad, he crossed path with another motorcycle, a male and a female back rider.
Both motorcycles collided head-on.
Jingle ended up dead.
The back of his skull was cracked, said Voltaire and Alex who saw Jingle’s body in the morgue.
How tragic. How sudden. How painful.

Good memories.

Last year, our high school batch had our twentieth reunion.
We had so much fun.
Jingle is the musically talented in our batch.
He modulates like Nonoy Zuniga.
He can give Raymond Lauchengco a run for his money.
Naturally, Jingle led the pack during our sing-along evening.
He held the microphone in one hand, beer on the other.
It was classic Jingle.
Definitely one of the best memories I have of him.
Then Christmas came.
Karl Bambi brought his family for a visit from Australia.
Jingle and I had a long talk about what he was doing with life.
Never did I think, it was the last time I would be talking to him.
Jingle sang in our high school graduation at Silliman twenty years ago.
He rendered the song “Farewell”

Farewell to you my friends.
We’ll see each other again.
Don’t worry cause its not the end of everything.

Truly, we’ll be seeing Jingle again, in the afterlife.
Farewell for now Jingle.
Rest in peace.

SC ruling final: Josy sits in House

Jocelyn S. Limkaichong shall continue to sit as member of the House representing the first district of Negros Oriental.
This is the outcome of the Supreme Court resolution of July 30, 2009, after it denied “with finality” the motion for reconsideration seeking to disqualify and unseat Limkaichong.
At the same time, the Supreme Court recognized that legal efforts to question Limkaichong’s qualifications shall now be in the House Electoral Tribunal (HRET).
The core issue in the various petitions is the qualification of Josy to run for, be elected to, and assume and discharge the position of first district representative.
The contention of those seeking Josy's disqualification is simple: Josy is not a natural born citizen. Not being a natural born citizen, she lacks the constitutional qualifications for membership in the lower house.
In the last elections, Josy garnered the highest number of votes for first district representative. She was eventually proclaimed, and has since discharged the office as member of the lower house.
According to the petitions to disqualify Josy, she is not a natural born Filipino because her parents were Chinese citizens at the time of her birth.
The petitions went on to claim that the proceedings for naturalization of Josy’s father, Julio Ong Sy, never attained finality due to procedural and substantial defects.
The supreme court rejected the petitions.
The supreme court has ruled that it is not enough that Josy’s qualification be attacked and questioned before any tribunal or government institution.
There must be proper proceedings required by law.
“First things first” said the supreme court.
If Josy’s qualification is assailed because her father’s citizenship is in question, then the first thing to do is to cancel the father’s naturalization certificate.
This is laid down in Section 18 Commonwealth Act 473.
Under the law, the solicitor general, his representative or the provincial fiscal can file a motion in court to cancel the naturalization certificate of a naturalized person, in this case Josy’s father Julio Ong Sy.
This is what the supreme court meant when it said “First things first”
Not even private persons, in an election contest, can seek a declaration of Josy’s non-qualification, said the court.
Denaturalization “is plainly not a matter that may be raised by private persons in an election case involving the naturalized citizen’s (Juilo Sy’s) descendant (Josy)”, said the supreme court.
Finally, the supreme court ruled that in seeking Josy’s disqualification on account of her citizenship, the rudiments of fair play and due process must be observed.
In observing due process, the Court said, Josy is not deprived of the right to hold office as member of the house of representatives.
Also by observing due process, her constituents would not be deprived of a leader whom they have put their trust on, through their votes, the court said.


Edgar Teves: I feel emancipated

September 9, 2009

Mr. Ely Dejaresco
Atty. Elmar Jay Dejaresco
The Negros Chronicle
Dumaguete City

Dear Ely and Jay,

I would like to convey to you my thanks for publishing last Sunday, September 6, 2009, the Supreme Court’s decision regarding my case.

It had been a burden really for the past few years as it hampered some of my ventures. I felt that your segment had in some way provided me a sense of emancipation. There is nothing next than to have cleared my name at last.
Once again, thank you.

Sincerely,

Edgar Y. Teves.

Edgar Teves: I feel emancipated

September 9 2009

Mr. Ely Dejaresco
Atty. Elmar Jay Dejaresco
The Negros Chronicle
Dumaguete City

Dear Ely and Jay,

I would like to convey to you my thanks for publishing last Sunday, September 6, 2009, the Supreme Court’s decision regarding my case.

It had been a burden really for the past few years as it hampered some of my ventures. I felt that your segment had in some way provided me a sense of emancipation. There is nothing next than to have cleared my name at last.
Once again, thank you.

Sincerely,

Edgar Y. Teves.