Jul 162014
 

“THUS, as a matter of efficiency, the government forgoes taxes which should have been spent to address public needs, because certain private entities already assume a part of the burden. This is the rationale for the tax exemption of charitable institutions. The loss of taxes by the government is compensated by its relief from doing public works which would have been funded by appropriations from the Treasury (The Rationale for Exempting Nonprofit Organizations from Corporate Income Taxation by H. Hansmann, as cited by the Supreme Court in the case of the Commissioner of Internal Revenue vs. St. Luke’s Medical Center, 2012).”

Apr 182014
 
Padaca denies challenging Sandiganbayan in plea vs. graft raps

A Filipino Catholic tradition detailing the life and passion of our Lord, Jesus Christ, through singing. It is sung using local dialects and the hymns depending on what province. Photo shows Catholic devotees in Pasig City sing the traditional Lenten „Pabasa ng Pasyon” in front of a makeshift altar, at the Pasig City Hall. „Pabasa” refers to the chant reading of the Filipino version of Christ’s suffering, death and resurrection as a form of Catholic devotees’ religious meditation during the Holy Week. (MNS Photo) MANILA (Mabuhay) – Election commissioner Grace Padaca on Wednesday denied challenging the independence of the Sandiganbayan in reiterating her supposed immunity from suit, being a presidential appointee, in her appeal to dismiss the graft case she is facing. The Sandiganbayan Third Division has junked her motion for reconsideration to dismiss the graft charges filed against her. The case stemmed from the P25-million grant to the Economic Development for Western Isabela and Northern Luzon Foundation, Inc. Padaca, a former governor of Isabela, was accused of allegedly giving undue advantage to the non-governmental organization (NGO) tapped to manage a credit facility for Isabela’s rice farmers under a hybrid seed distribution program. In decision penned by Associate Justice Jose Hernandez, the court said it would require an unprecedented stretch and bending of the law to utilize her appointment as a cause to dismiss or suspend the ongoing court proceedings. “To sustain the motion of the accused undermines independence and the exercise of judicial authority of the Court on account Read More …

Apr 142014
 
Work in courts up to noon on Holy Wednesday —Supreme Court

Work in all courts on Holy Wednesday will be up to noon only, the Supreme Court said Tuesday. In an advisory on its Twitter account, the high court said this was on orders of Chief Justice Maria Lourdes Sereno. “Work in all courts (for Wednesday) will be only up to 12NN, as per instructions of the (Chief Justice),” the SC Public Information Office said. Maundy Thursday and Good Friday are already considered regular holidays. —Joel Locsin/KG, GMA News

Mar 062014
 
Miriam dares colleagues to act on her anti-epal, anti-dynasty bills

Senator Miriam Defensor-Santiago attends the Blue Ribbon Committee hearing of the P10 billion Priority Development Assistance Fund (PDAF) scam Thursday, November 7. Santiago reminded Napoles that she cannot just invoke her right against self-incrimination (MNS photo) MANILA  (Mabuhay) – Senator Miriam Defensor Santiago on Saturday challenged her colleagues to act on her bills, particularly the “anti-epal” bill and the one seeking an end to political dynasty in the Philippines. In a statement, Santiago lamented that a number of her important bills are still languishing in the Senate, especially Senate Bill No. 54, or the Anti-Signage of Public Works Bill, and S.B. Nos. 55 and 1580 or the Anti-Political Dynasty Bills. SB 54, also called anti-epal bill, seeks to bar politicians from taking undue credits by putting their names (umi-epal or pumapapel) on signage of public works projects. “I am disappointed. Without public clamor, these bills will never see the light of day. The committees to which these bills were referred are sitting on them,” Santiago said. The Anti-Signage of Public Works Bill was referred to the Committee of Civil Service and Government Reorganization chaired by Sen. Antonio Trillanes IV, while the Anti-Political Dynasty Bills were referred to the Committee on Electoral Reforms and People’s Organization, chaired by Senator Aquilino Pimentel III. Santiago has written to both senators requesting for a public hearing on her bills, which, according to her, “have been pending in the Senate for a prolonged period of time.” “It would be best for the legislative process to Read More …

Jan 162014
 
Lawyer: Jinggoy trying hard to outsmart SC

Senator Jinggoy Estrada (MNS Photo) MANILA (Mabuhay) – Senator Jinggoy Estrada is circumventing the decision of the Supreme Court by skillfully realigning his P200 million priority development assistance fund (PDAF) to the budgets of Manila, Caloocan, and a town in Cagayan province. In a statement, lawyer Romulo Macalintal said the high court was very precise in its decision declaring the pork barrel unconstitutional. There, the high court said the move was to “rectify an error which has persisted in the chronicles of our history” such as interventions from legislators. “To sanction such ‘re-insertion’ of their PDAF in the budget and allow them to realign or re-assign the funds to whatever or whomsoever they desire, is to circumvent the ruling of the SC that the legislators should not be accorded ‘post-enactment authority’ in the areas of ‘project identification, fund release, or fund realignment,’” Macalintal said. He explained Estrada’s action is a “post enactment” – one that is not related to his congressional oversight function. “Estrada’s act of realigning his ‘re-inserted PDAF’ is tantamount to ‘playing a role’ in the implementation of the budget which, as the SC decision declares, is violative of the principle of separation of powers and therefore unconstitutional,” he said. He said the SC was clear in saying that lawmakers can’t “substitute their judgments in utilizing public funds for local development.” He said allowing legislators to circumvent the SC is “to revert to the evil sought to be prevented by the SC decision, that of ultimately or once Read More …

Jan 042014
 
‘US must pay more for reef damage’

In this Jan. 22, 2013 photo released by the Philippine Coast Guard, coast guard divers approach the USS Guardian, a US Navy minesweeper, to assess the situation after it ran aground last week off Tubbataha Reef. AP FILE PHOTO MANILA, Philippines—It’s all right if the United States has not yet paid the P58.3-million fine slapped on it by the Philippines for messing up the Tubbataha Reefs this time last year, because it has to pay more, a Filipino lawyer said on Saturday. Lawyer Edre Olalia said the United States had to pay not only for direct damages but also for other violations of Philippine environmental laws and regulations due to the grounding of its minehunter USS Guardian on an atoll in the Tubbataha Reefs. “We’re opposed to the paltry fine assessment made by the Department of Environment and Natural Resources. Those responsible for the destruction of the reef must be held liable. The United States should pay more,” Olalia told the Inquirer in a phone interview. Olalia, secretary general of the National Union of Peoples’ Lawyers, is one of the lawyers of environmentalist and activist groups that filed in April last year a petition for a writ of kalikasan (nature) in the Supreme Court while efforts to extricate the USS Guardian from the reef were under way. The petitioners demanded a fine more than 10 times the Philippine government’s assessment. Similar incident in Hawaii They compared the Tubbataha incident to the grounding of the USS Port Royal on a coral Read More …

Dec 192013
 
PNoy mulls oversight body on PHL compliance with global anti-corruption treaty

In one of the biggest gatherings of government heads in the country, President Benigno Aquino III said he is considering setting up an oversight committee that will monitor the country’s compliance with international anti-corruption efforts. Aquino made the announcement during the first State Conference on the United Nations Convention Against Corruption (UNCAC) Implementation and Review on Thursday. UNCAC is an international anti-corruption treaty ratified, accepted, approved and acceded by 168 countries, including the Philippines. Since signing the convention in 2003, the Philippines has crafted a five-year 21-point Anti-Corruption Action Plan. “I was listening earlier to the [idea of] setting up of an oversight committee on our compliance, and if they [officials] are willing to again have additional duties, in addition to IAAGCC [Inter-Agency Anti-Graft Coordinating Council], I am more than willing to endorse that idea,” Aquino said.  “Hopefully you will never tire of accepting more assignments than what you originally thought you would receive,” he added.  Efforts against corruption During Thursday’s event, Aquino trumpeted the accomplishments of his administration in the fight against corruption. “Go anywhere in the country and you will have seen the changes of what we can do now versus what we couldn’t even imagine just a few years ago, and this is just the beginning. As the song by Michel Legrand said, ‘Watch what happens’,” he said. He specifically cited the filing of cases “against a former president who is now under hospital arrest;” the removal from office of “a Chief Justice who chose to lie Read More …

Nov 222013
 
CHED promises to find funding to keep PDAF scholars in school

The Commission on Higher Education (CHED) assured scholars dependent on lawmakers’ Priority Development Assistance Fund that they can stay in school despite the Supreme Court’s recent decision declaring the multibillion-peso fund unconstitutional. In a statement released Friday, CHED chairperson Patricia Licuanan said the commission is now looking into other possible funding sources for PDAF scholars so their studies will not be affected. Licuanan added CHED asked 111 state universities and colleges (SUCs) in the country as early as October to allow PDAF beneficiaries enrolled for the first semester of this school year to enroll again for the second semester. Some scholars have expressed fears they will have to stop their studies following the Supreme Court’s issuance last month of a temporary restraining order on the release of the second tranche of the 2013 PDAF. Eastern Samar Representative Ben Evardone has warned that over 200,000 scholars will be affected by the order to freeze PDAF use. Licuanan said CHED is currently assessing the situation of PDAF beneficiaries enrolled in private higher education institutions (HEIs) to determine how it can help scholars continue their studies. “Once CHED has assessed the resources needed by former PDAF grantees in public and private HEIs, CHED will tap into its Higher Education Development Fund, funds from the General Appropriations Act and possibly from the President’s Social Fund,” she said. In a 14-0-1 vote, the Supreme Court on Tuesday declared the PDAF, more commonly known as the pork barrel, unconstitutional. The Court declared the PDAF Article in Read More …

Oct 112013
 
‘Coming out’ for immigration reform

The author at immigration rally. CONTRIBUTED PHOTO SAN FRANCISCO—October has always been a special month in my household, since it’s when my twin brother and I celebrate our birthday surrounded by family. But October is also Filipino-American History Month and LGBT History Month, both of which I’m uniquely situated to appreciate: As a Filipino American, I am part of a legacy that includes generations of Fil-Am activists like Larry Itliong, who started the farm worker movement that was joined by Latino and labor pioneer Cesar Chavez. And as an openly gay man, in the spirit of the Stonewall activism that stood strong against homophobia and transphobia, I cheer the latest victory for the LGBT rights movement—the Supreme Court’s decision to strike down part of the Defense of Marriage Act (DOMA) and grant benefits to legally married same-sex couples. The times we are in now, however, call for all the strength these legacies can muster. With our government mired in partisan disagreement, the movement for comprehensive immigration reform stands at a crossroads. Given the distractions, it would be easy to let the momentum wane. But far from choosing the path of least resistance, we’ve chosen to push on and continue the fight. On Oct. 5, the board of the National Queer Asian Pacific Islander Alliance (NQAPIA) gathered in New York and stood in solidarity with the more than 100 protests and marches taking place around the country as part of the National Day of Dignity and Respect. On Oct. 8, I Read More …

Oct 102013
 
PNoy can't abolish pork barrel – Justice Carpio

On his own, the President cannot abolish the pork barrel. This was the statement of Associate Justice Antonio Carpio on Thursday during the second oral arguments on the constitutionality of the lawmakers’ discretionary fund. The most senior justice of the Supreme Court explained that the Priority Development Assistance Fund (PDAF), as the pork barrel is formally called, can only be abolished if the Congress passes a law to repeal it, or the High Court declares it unconstitutional. “At most, the President has the power to suspend further expenditure if there are anomalies. The president has the power to stop and investigate,” he said. “He has no legal power to abolish PDAF.” Solicitor General Francis Jardeleza concurred, noting that the President “has a general power to stop releases.” Earlier at the oral arguments, the Solicitor General asked the Supreme Court to lift the temporary restraining order on PDAF and to let the political branch of government to solve the issue on its own. However, Carpio replied that it was the High Court’s duty to resolve the case at hand. “A judicial review is a duty of the Judiciary to strike down any branch of government [that has performed] abuse of discretion… We have taken an oath… You are asking too much from this Court, counsel.” By November, the High Court will decide on PDAF’s constitutionality. Last August, Aquino suspended releases of lawmakers’ pork barrel amid public outrage on the alleged P10-billion pork barrel scam. In a later press briefing, he said Read More …