Showing posts with label LEGAL. Show all posts
Showing posts with label LEGAL. Show all posts

Wednesday, September 21, 2011

'Anti-Planking Law' raises eyebrows online

GMA NEWS:

A bill was filed at the House of Representatives on Tuesday against planking —or the act of lying face down in unusual locations — during street protests.

Quezon City Rep. Winston Castelo, who filed the measure, said planking during street rallies became an “important concern" after some youth protesters lay face down along España Boulevard in Manila to support the transport strike on Monday.

In a statement, the lawmaker said the government should come up with a code of student conduct for “militant or radical student leaders engaged in street protests or demonstration."

The code of conduct should be drafted and implemented by the Department of Education and the Commission on Higher Education, he added.

Castelo’s bill will have to undergo committee and plenary discussions and approvals at the lower chamber, as well as the Senate, before it can be enacted into law.


“The parent in me tells me that this precedent… could just be very dangerous in the future. Life and limb are pretty much at risk here," he said.

“Parents and teachers have reason to be alarmed… The Filipino psyche of our young children in school is under attack—right here and now," he said.

“Unbelieving bus drivers and law enforcement authorities might just ram through these warm and living bodies rolled out on highways," he added.

Proposals to outlaw planking were also raised in Australia last May after a man died after falling from a building while planking.

Police take steps vs. planking

Earlier on Tuesday, the Manila Police District (MPD) said it may break up “planking" sessions and detain those engaged in the act especially if they pose a danger to others, radio dzBB’s Carlo Mateo reported.

On Monday, about 30 youths from the League of Filipino Students (LFS) and Anakbayan staged "planking sessions" to show support for the Pagkakaisa ng mga Samahan ng Tsuper at Operaor Nationwide (PISTON) drivers who were holding a nationwide transport strike to protest rising prices of fuel.

The police did not move against the militants as they were under instructions to observe “maximum tolerance" in dealing with protesters.

CONTINUE READING FROM ORIGINAL [SOURCE] 
Information Courtesy of GMA News / VVP

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'Anti-Planking Law' raises eyebrows online

GMA NEWS:

A bill was filed at the House of Representatives on Tuesday against planking —or the act of lying face down in unusual locations — during street protests.

Quezon City Rep. Winston Castelo, who filed the measure, said planking during street rallies became an “important concern" after some youth protesters lay face down along España Boulevard in Manila to support the transport strike on Monday.

In a statement, the lawmaker said the government should come up with a code of student conduct for “militant or radical student leaders engaged in street protests or demonstration."

The code of conduct should be drafted and implemented by the Department of Education and the Commission on Higher Education, he added.

Castelo’s bill will have to undergo committee and plenary discussions and approvals at the lower chamber, as well as the Senate, before it can be enacted into law.


“The parent in me tells me that this precedent… could just be very dangerous in the future. Life and limb are pretty much at risk here," he said.

“Parents and teachers have reason to be alarmed… The Filipino psyche of our young children in school is under attack—right here and now," he said.

“Unbelieving bus drivers and law enforcement authorities might just ram through these warm and living bodies rolled out on highways," he added.

Proposals to outlaw planking were also raised in Australia last May after a man died after falling from a building while planking.

Police take steps vs. planking

Earlier on Tuesday, the Manila Police District (MPD) said it may break up “planking" sessions and detain those engaged in the act especially if they pose a danger to others, radio dzBB’s Carlo Mateo reported.

On Monday, about 30 youths from the League of Filipino Students (LFS) and Anakbayan staged "planking sessions" to show support for the Pagkakaisa ng mga Samahan ng Tsuper at Operaor Nationwide (PISTON) drivers who were holding a nationwide transport strike to protest rising prices of fuel.

The police did not move against the militants as they were under instructions to observe “maximum tolerance" in dealing with protesters.

CONTINUE READING FROM ORIGINAL [SOURCE] 
Information Courtesy of GMA News / VVP

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Monday, September 19, 2011

Boxer Pacquiao's LA home burglarized; 4 arrested

AP:

Four people were arrested after detectives discovered a burglary in progress at the home of champion boxer Manny Pacquiao while he was in his native Philippines preparing for a fight, authorities said Saturday.

Nothing was taken and no one was home Friday during the midday break-in that detectives witnessed by chance in the Hancock Park neighborhood of Los Angeles, sheriff's Capt. Mike Parker said.

The fighter was informed of the burglary and will proceed to his training base in the northern resort city of Baguio to prepare for his third fight against Juan Manuel Marquez of Mexico on Nov. 12 in Las Vegas, his attorney and chief of staff Franklin Gacal said.


Gacal said the break-in occurred when a security guard who oversees the house had gone out to eat.

"Manny is happy that nothing was stolen," Gacal said.

The area is patrolled by the Los Angeles Police Department, but detectives from the Sheriff's Department were in the area on an unrelated criminal investigation when they saw the home being burglarized and made the arrests, Parker said.

The four people were being questioned. Their names have not been released and they have yet to be charged.

Pacquiao, 32, has won 14 straight fights and is considered by many the best pound-for-pound boxer in the world and among the greatest of all time. He is a megastar in the Philippines, where he is also a singer, actor and congressman.

CONTINUE READING FROM ORIGINAL [SOURCE] 
Information Courtesy of AP / ANDREW DALTON / Oliver Teves

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Boxer Pacquiao's LA home burglarized; 4 arrested

AP:

Four people were arrested after detectives discovered a burglary in progress at the home of champion boxer Manny Pacquiao while he was in his native Philippines preparing for a fight, authorities said Saturday.

Nothing was taken and no one was home Friday during the midday break-in that detectives witnessed by chance in the Hancock Park neighborhood of Los Angeles, sheriff's Capt. Mike Parker said.

The fighter was informed of the burglary and will proceed to his training base in the northern resort city of Baguio to prepare for his third fight against Juan Manuel Marquez of Mexico on Nov. 12 in Las Vegas, his attorney and chief of staff Franklin Gacal said.


Gacal said the break-in occurred when a security guard who oversees the house had gone out to eat.

"Manny is happy that nothing was stolen," Gacal said.

The area is patrolled by the Los Angeles Police Department, but detectives from the Sheriff's Department were in the area on an unrelated criminal investigation when they saw the home being burglarized and made the arrests, Parker said.

The four people were being questioned. Their names have not been released and they have yet to be charged.

Pacquiao, 32, has won 14 straight fights and is considered by many the best pound-for-pound boxer in the world and among the greatest of all time. He is a megastar in the Philippines, where he is also a singer, actor and congressman.

CONTINUE READING FROM ORIGINAL [SOURCE] 
Information Courtesy of AP / ANDREW DALTON / Oliver Teves

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Thursday, August 25, 2011

GMA Network challenges tax allegations; Kapuso won several QC Govt awards for diligence in paying taxes

GMA NEWS:

GMA Network Inc. petitioned the Quezon City Regional Trial Court to stop the city treasurer from enforcing against the broadcast giant its P823.97 million assessment of taxes. The petition for prohibition said QC treasurer Edgar Villanueva’s assessment lacks basis and authority.

In the Notices of Assessment issued by QC Treasurer Villanueva last June 17, 2011, the City Government imposed upon GMA taxes worth P823,973,981.21 for “business tax as contractor"; and P3,154,607.71 for “dividends" based on actual sales from 2005 to 2010 plus surcharge and interest.

According to the Network’s legal counsel Atty. Gener Asuncion of Belo Gozon Elma Parel Asuncion and Lucila (BGEPAL), GMA is not legally liable to pay the contractor’s taxes because GMA does not fall under the definition of “contractor" in either Section 131 of the Local Government Code or Section 3, Article 1 of the QC Revenue Code.

GMA Network clarified that it does not produce or sell advertisements but merely broadcasts the advertisements produced by the advertising companies. Hence, it is not covered by the definition of “contractor" for “advertising services."

The broadcaster also finds no legal basis for the QC Government’s imposition of the business tax on the Company’s dividends either in the Local Government Code or in the QC Revenue Code.

GMA said it is protected by the income tax provision of the National Internal Revenue Code, which says that local government units have no authority to impose taxes thereon, except for local transfer tax on real property.

Ronnie Mastrili, GMA vice president for finance, said, in a letter to the QC Treasurer’s Office dated last July 6, that the firm diligently paid P266,190,773.43 for its local franchise tax from 2006 to 2010, in accord with the QC Revenue Code.

Mastrili noted in that same letter how GMA’s diligence in paying taxes even won for it several awards from the City Government . — ELR/VS, GMA News


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Information Courtesy of GMA News

http://www.gmanews.tv/story/230448/business/gma-network-challenges-qc-treasurers-tax-assessment

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GMA Network challenges tax allegations; Kapuso won several QC Govt awards for diligence in paying taxes

GMA NEWS:

GMA Network Inc. petitioned the Quezon City Regional Trial Court to stop the city treasurer from enforcing against the broadcast giant its P823.97 million assessment of taxes. The petition for prohibition said QC treasurer Edgar Villanueva’s assessment lacks basis and authority.

In the Notices of Assessment issued by QC Treasurer Villanueva last June 17, 2011, the City Government imposed upon GMA taxes worth P823,973,981.21 for “business tax as contractor"; and P3,154,607.71 for “dividends" based on actual sales from 2005 to 2010 plus surcharge and interest.

According to the Network’s legal counsel Atty. Gener Asuncion of Belo Gozon Elma Parel Asuncion and Lucila (BGEPAL), GMA is not legally liable to pay the contractor’s taxes because GMA does not fall under the definition of “contractor" in either Section 131 of the Local Government Code or Section 3, Article 1 of the QC Revenue Code.

GMA Network clarified that it does not produce or sell advertisements but merely broadcasts the advertisements produced by the advertising companies. Hence, it is not covered by the definition of “contractor" for “advertising services."

The broadcaster also finds no legal basis for the QC Government’s imposition of the business tax on the Company’s dividends either in the Local Government Code or in the QC Revenue Code.

GMA said it is protected by the income tax provision of the National Internal Revenue Code, which says that local government units have no authority to impose taxes thereon, except for local transfer tax on real property.

Ronnie Mastrili, GMA vice president for finance, said, in a letter to the QC Treasurer’s Office dated last July 6, that the firm diligently paid P266,190,773.43 for its local franchise tax from 2006 to 2010, in accord with the QC Revenue Code.

Mastrili noted in that same letter how GMA’s diligence in paying taxes even won for it several awards from the City Government . — ELR/VS, GMA News


BACK TO KAPUSO ONLINE HOMEPAGE and THE KAPUSO ONLINE AWARDS - A Viewer's Choice Special: CLICK HERE TO VOTE


Information Courtesy of GMA News

http://www.gmanews.tv/story/230448/business/gma-network-challenges-qc-treasurers-tax-assessment

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ABS CBN TAX EVASION CASE: Kapamilya has P1 Billion UNPAID TAXES says QC Govt

Manila Standard Today:

THE Quezon City government on Monday said it was moving ahead to collect over P1 billion in unpaid business taxes owed by the ABS-CBN network.

“We are just trying to get back the correct taxes ABS-CBN must pay the city government,” City Treasurer Edgar Villanueva said. He referred to the Supreme Court’s October 2008 ruling favoring City Hall.

ABS-CBN has religiously paid its franchise tax, equivalent to 0.57 percent of 1 percent of its annual gross receipts, but not the local business tax of 0.57 percent of 2 percent of the annual gross receipts that the Quezon City government has/imposd.

The amount has ballooned to over P1 billion since 2006.

Earlier, the Quezon City government moved to collect about P823 million in similar back taxes from GMA Network.

Phil Star: Supreme Court’s October 2008 Ruling

ABS-CBN Broadcasting Corp. will ask the Supreme Court to reconsider its recent decision declaring that the company is not exempt from the payment of local franchise taxes.

In a statement, the company said the SC ruling refers to local franchise taxes already paid under protest for the years 1995 to 1997. “Subsequent to 1997, ABS-CBN has continued to pay the prescribed local franchise taxes yearly, albeit under protest. Given this, the said ruling will not have any impact on ABS-CBN’s financial results,” it pointed out.

In an Oct. 6 decision penned by Associate Justice Ruben Reyes, the SC Third Division reversed the ruling of the Court of Appeals and the Regional Trial Court ordering the refund and declaring invalid the imposition and collection of local franchise tax by the City Treasurer of Quezon City on ABS-CBN.

ABS-CBN has argued that under its legislative franchise granted on May 3, 1995 to install and operate radio and television broadcasting stations in the Philippines and embodied in Republic Act 7966, its franchise tax of three percent of gross receipts shall be lieu of all taxes on this franchise or earnings thereof, excluding income taxes.

According to the company, it is not liable to pay the local franchise tax imposed by Quezon City. Consequently, ABS-CBN paid the said taxes under protest and filed a claim for refund.

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For failure to obtain any response from the city treasurer, ABS-CBN filed a complaint before the RTC in Quezon City seeking nullify the imposition of the local franchise tax for being unconstitutional and for the refund of local franchise tax amounting to P19.9 million.

The RTC declared as invalid the said imposition and ordered a refund. According to the lower court, the “in lieu of all taxes” provision contained in Section 8 of R.A. 7966 absolutely excused ABS-CBN from the payment of local franchise tax. The QC government then appealed to the Court of Appeals, which, however, dismissed said petition.

However, the SC ruled that said “in lieu of all taxes” in its franchise does not exempt ABS-CBN from payment of local franchise taxes.

It noted that the power of the QC local government to impose franchise tax is based on the Local Government Code. Such taxing power by the local government, however, is limited in the sense that Congress can enact legislation granting exemptions.

But according to the High Court, the “in lieu of all taxes” provision in the franchise of ABS-CBN does not expressly provide what kind of taxes ABS-CBN is exempted from. “It is not clear whether the exemption would include both local, whether municipal, city or provincial, and national tax. What is clear is that ABS-CBN shall be liable to pay three percent franchise tax and income taxes. But whether the “in lieu of all taxes provision” would include exemption from local tax is not unequivocal,” it said.

The SC emphasized that the right to exemption from local franchise tax must be clearly established and cannot be made out of inference or implications but must be laid beyond reasonable doubt.


BACK TO KAPUSO ONLINE HOMEPAGE and THE KAPUSO ONLINE AWARDS - A Viewer's Choice Special: CLICK HERE TO VOTE


Information Courtesy of Manila Standard and Phil Star

http://www.manilastandardtoday.com/insideNews.htm?f=2011/august/23/news7.isx&d=2011/august/23
and
http://www.philstar.com/article.aspx?articleid=406271

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ABS CBN TAX EVASION CASE: Kapamilya has P1 Billion UNPAID TAXES says QC Govt

Manila Standard Today:

THE Quezon City government on Monday said it was moving ahead to collect over P1 billion in unpaid business taxes owed by the ABS-CBN network.

“We are just trying to get back the correct taxes ABS-CBN must pay the city government,” City Treasurer Edgar Villanueva said. He referred to the Supreme Court’s October 2008 ruling favoring City Hall.

ABS-CBN has religiously paid its franchise tax, equivalent to 0.57 percent of 1 percent of its annual gross receipts, but not the local business tax of 0.57 percent of 2 percent of the annual gross receipts that the Quezon City government has/imposd.

The amount has ballooned to over P1 billion since 2006.

Earlier, the Quezon City government moved to collect about P823 million in similar back taxes from GMA Network.

Phil Star: Supreme Court’s October 2008 Ruling

ABS-CBN Broadcasting Corp. will ask the Supreme Court to reconsider its recent decision declaring that the company is not exempt from the payment of local franchise taxes.

In a statement, the company said the SC ruling refers to local franchise taxes already paid under protest for the years 1995 to 1997. “Subsequent to 1997, ABS-CBN has continued to pay the prescribed local franchise taxes yearly, albeit under protest. Given this, the said ruling will not have any impact on ABS-CBN’s financial results,” it pointed out.

In an Oct. 6 decision penned by Associate Justice Ruben Reyes, the SC Third Division reversed the ruling of the Court of Appeals and the Regional Trial Court ordering the refund and declaring invalid the imposition and collection of local franchise tax by the City Treasurer of Quezon City on ABS-CBN.

ABS-CBN has argued that under its legislative franchise granted on May 3, 1995 to install and operate radio and television broadcasting stations in the Philippines and embodied in Republic Act 7966, its franchise tax of three percent of gross receipts shall be lieu of all taxes on this franchise or earnings thereof, excluding income taxes.

According to the company, it is not liable to pay the local franchise tax imposed by Quezon City. Consequently, ABS-CBN paid the said taxes under protest and filed a claim for refund.

|div tyle="text-align: justify;">
For failure to obtain any response from the city treasurer, ABS-CBN filed a complaint before the RTC in Quezon City seeking nullify the imposition of the local franchise tax for being unconstitutional and for the refund of local franchise tax amounting to P19.9 million.

The RTC declared as invalid the said imposition and ordered a refund. According to the lower court, the “in lieu of all taxes” provision contained in Section 8 of R.A. 7966 absolutely excused ABS-CBN from the payment of local franchise tax. The QC government then appealed to the Court of Appeals, which, however, dismissed said petition.

However, the SC ruled that said “in lieu of all taxes” in its franchise does not exempt ABS-CBN from payment of local franchise taxes.

It noted that the power of the QC local government to impose franchise tax is based on the Local Government Code. Such taxing power by the local government, however, is limited in the sense that Congress can enact legislation granting exemptions.

But according to the High Court, the “in lieu of all taxes” provision in the franchise of ABS-CBN does not expressly provide what kind of taxes ABS-CBN is exempted from. “It is not clear whether the exemption would include both local, whether municipal, city or provincial, and national tax. What is clear is that ABS-CBN shall be liable to pay three percent franchise tax and income taxes. But whether the “in lieu of all taxes provision” would include exemption from local tax is not unequivocal,” it said.

The SC emphasized that the right to exemption from local franchise tax must be clearly established and cannot be made out of inference or implications but must be laid beyond reasonable doubt.


BACK TO KAPUSO ONLINE HOMEPAGE and THE KAPUSO ONLINE AWARDS - A Viewer's Choice Special: CLICK HERE TO VOTE


Information Courtesy of Manila Standard and Phil Star

http://www.manilastandardtoday.com/insideNews.htm?f=2011/august/23/news7.isx&d=2011/august/23
and
http://www.philstar.com/article.aspx?articleid=406271

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