Alvarez asserts House independence in resolving impeach complaints

Speaker Pantaleon Alvarez today asserted the independence of the House of Representatives in deciding the fate of the separate impeachment complaints against Pres. Rodrigo Duterte and Vice President Leni Robredo.

Earlier, Alvarez said he respects the call of Pres. Duterte to stop impeachment moves against Robredo but the House is bound by its constitutional duty to process the complaints independently from the Executive.

“Para sa akin yun ay opinyon lamang ng ating Pangulo, yung parang, it’s just a statement. But of course alam naman natin na hindi naman puwedeng manduhan ng ating Pangulo yung Kongreso,” Alvarez stressed in a radio interview.

He stressed that the separation of powers among the three main branches of the government as well as their respective duties are clearly specified in the constitution.

“Kagaya rin ho ng sinabi ko na dati, na this Congress will not be a rubber stamp of the administration,” Alvarez said.

And while many view impeachment as a political exercise, Alvarez said the House will decide what to do with the impeachment complaints--or any additional complaint that may be filed before Congress resumes session on May 2--on their compliance with the legal requirements.

“Kung meron pang dadagdag na mga reklamo siya ay pag-aaralan lahat yon, ipo-process sabay-sabay yun at titingnan natin kung ano yung complaint na sufficient in form and substance. Kung pare-parehong wala, wala iyan, dismiss yan lahat,” said Alvarez.

However, Alvarez said that if they found any of the impeachment complaint sufficient in form and in substance, they will make sure they can successfully prosecute the concerned official in the impeachment trial in the Senate.

The Senate has the sole power to try and decide any impeachment cases. Alvarez said it would be entirely up to the Senate to convict or exonerate the concerned official.

“Ngayon nasasa-kanila (Senate) na yun, yung bola nandoon sa kanila. At kami naman, once we impeach a public official, we have to see to it that we can successfully prosecute that impeached official,” Alvarez said. ####

Alvarez backs Duterte to scrap barangay polls in October

Speaker Pantaleon Alvarez today backed the stand of President Rodrigo Duterte on the need to postpone the elections of barangay officials in October this year.

Earlier, President Duterte warned that if the October barangay elections would push through many village officials with ties to the drug trade would likely get re-elected. Instead, the President said, he wants the polls postponed and fill the vacant positions by appointment.

“Well, wala akong problema diyan at suportado ko ang ating Pangulo diyan dahil napaka-valid po noong reason, dahil tama yun, majority of the barangay officials are involved in illegal drugs, nagagamit ito,” said Alvarez in a radio interview.

The Speaker believes the wish of the President can be implemented through amendment of the Local Government Code and would not violate the constitution.

“Kinakailangan po ng  legislation diyan para magbigay ng kapangyarihan sa Comelec na huwag ituloy yung election,” Alvarez said.

According to the Speaker, the necessary amendment can be proposed and tackled when Congress resumes session this coming May 2.

“Kailangan matalakay na iyan,” said Alvarez.

President Duterte had admitted that his plan to appoint barangay officials to fill the vacant posts would be “quite messy” because incumbent barangay officials would likely oppose the move.

According to the President, the first requirement for a barangay officer-in-charge nominee is that they should not have any connections at all with rebels. Second, is that they are not into drugs, and lastly, they are not really leaders of politicians.

The President said he would accept nominations from the Catholic Church, from Islam leaders, religious denominations and other organizations.

Estate tax amnesty okeyed

The House of Representatives has approved on third and final reading a proposal to grant amnesty in the payment of estate taxes.

House Bill No. 4814, or “An Act Granting Amnesty in the Payment of Estate Tax,” is expected to generate additional revenues for the government and encourage taxpayers to settle their outstanding estate taxes, thereby freeing up properties of unsettled estates.

The bill, which was endorsed for plenary approval by the committee on ways and means chaired by Rep. Dakila Carlo Cua (Lone District, Quirino), proposes a tax amnesty program covering estate taxes for the year 2016 and the previous years that have remained unpaid as of December 31, 2016.

House Bill 4814 is authored by Speaker Pantaleon Alvarez (1st District, Davao del Norte), Majority Floor Leader Rodolfo Fariñas (1st District, IlocosNorte), Rep. Arthur Defensor Jr. (3rd District, Iloilo), Deputy Speaker Romero Quimbo (2nd District, Marikina City), Cua, Reps. Arlene Arcillas (1stDistrict, Laguna), Rose Marie Arenas (3rd District, Pangasinan), Lianda Bolilia (4th District, Batangas), Peter John Calderon (7th District, Cebu), Winston Castelo (2nd District, Quezon City), Eugene Michael De Vera (Party-list, ABS), Jesulito Manalo (Party-list, ANGKLA), Victoria Isabel Noel (Party-list, AN WARAY), Xavier Jesus Romualdo (Lone District, Camiguin), Jose Antonio Sy-Alvarado (1st District, Bulacan), Manuel Zubiri (3rd District, Bukidnon), Marlyn Primicias-Agabas (6th District, Pangasinan), Rodante Marcoleta (Party-list, SAGIP), Raul Del Mar (1st District, Cebu), Leo Rafael Cueva (2ndDistrict, Negros Occidental), and Delphine Gan Lee (Party-list, AGRI).   

The bill is one of the 186 relevant and important legislative measures passed by the House over the past 83 session days of the 17th Congress.

The bill grants the following immunities and privileges to taxpayers who avail of the tax amnesty: (1) immunity from the payment of estate taxes, civil, criminal, or administrative penalties under the National Internal Revenue Code of 1997, as amended, arising from the failure to pay any and all estate taxes for taxable year 2016 and prior years; (2) the taxpayer’s Estate Tax Amnesty Returns for 2016 and prior years shall not be admissible as evidence in all proceedings that pertain to taxable year 2016 and prior years related to estate settlement cases before any judicial, quasi-judicial, or administrative bodies in which the defendant or respondent, and except for the purpose of ascertaining the gross estate for 2016 and prior years, the same shall not be examined, inquired or looked into by any person or government office; and (3) the books of accounts and other records of the taxpayer for the years covered by the estate tax amnesty availed of shall not be examined.

To avail of the benefits of the tax amnesty, the covered taxpayer shall file with the Bureau of Internal Revenue (BIR) an Estate Tax Amnesty Return and pay the six percent of the decedent’s or deceased person’s net estate within two years from the issuance of the Implementing Rules and Regulations (IRR) of the proposed legislation. The IRR shall be promulgated within 30 days after the law becomes effective.

However, the proposed tax amnesty does not cover taxpayers with pending cases, to wit: (1) those with pending cases falling under the jurisdiction of the Presidential Commission on Good Government (PCGG); (2) those cases involving unexplained wealth or unlawfully acquired wealth or under the Anti-Graft and Corrupt Practices Act; (3) those cases filed in court involving violation of the Anti-Money Laundering Law; (4) those criminal cases for tax evasion and other criminal offenses under Chapter II of Title X of the National Internal Revenue Code of 1997, as amended, and the felonies of frauds, illegal exactions and transactions, and malversation of public funds and property under Chapters III and IV of Title VII of the Revised Penal Code; and (5) tax cases subject to final and executor judgement by the courts.

The bill imposes the following penalties: (1) a person who, having filed a statement or Estate Tax Amnesty Return, wilfully understates the gross estate to the extent of 30 percent or more shall be subject to the penalties of perjury under the Revised Penal Code; (2) the willful failure to declare any property in the statement and/or in the Estate Tax Amnesty Return shall be deemed prima facie evidence of fraud and shall constitute a ground upon which attachment of such property may be issued in favor of the BIR to answer for the satisfaction of any judgment that may be acquired against the declarant; (3) any person who unlawfully discloses the existence of an Estate Tax Amnesty Return, or its contents, shall be penalized by a fine of not less than P150,000 and imprisonment of not less than six years but not more than 10 years.

It further provides that if the offender is an officer or employee of the BIR or any government entity, he shall suffer the additional penalties of perpetual disqualification from holding public office, from exercising the right to vote and be voted for any public elective post.

Tax amnesty, as defined by the Supreme Court, is a “general pardon or the intentional overlooking by the state of its authority to impose penalties on persons otherwise guilty of violation of a tax law.”

Simply put, taxpayers who failed to disclose their income or pay their tax liabilities from previous years are freed by the government from any civil, criminal or administrative penalties.  

The bill has already been transmitted to the Senate for its concurrence.

Donor’s tax rate reduction in the offing

The House of Representatives recently approved on third and final reading a bill which seeks to reduce the existing donor’s tax rate and ensure fair taxation.

House Bill No. 4903 aims to simplify the donor’s tax rate, thus amending for the purpose Section 99 of the National Internal Revenue Code of 1997, as amended.

Under the bill, Section 99 (A) of the National Internal Revenue Code of 1997, as amended, is further amended to read as follows:

“A) In General. – The tax for each calendar year shall be six percent and shall be computed on the basis of the total net gifts made during the calendar year: Provided, that annual net gifts not exceeding P100,000 shall be exempt.”

Under the present law, if the net gift is:

-      Not over P100,000, the tax shall be exempt

-      Over P100,000 but not over P200,000, the tax shall be 0 plus two percent of the excess over P100,000.

-      Over P200,000 but not over P500,000, the tax shall be P2,000 plus four percent of the excess over P200,000.

-      Over P500,000 but not over P1,000,000, the tax shall be P14,000 plus six percent  of the excess over of P500,000.

-      Over P1,000,000 but not over P3,000,000, the tax shall be P44,000 plus eight percent of the excess over P1,000,000.

-      Over P3,000,000 but not over P5,000,000, the tax shall be P204,000 plus 10 percent of the excess over P3,000,000.

-      Over P5,000,000 but not over P10,000,000, the tax shall be P404,000 plus 12 percent of the excess over P5,000,000.

-      Over P10,000,000, the tax shall be P1,004,000 plus 15 percent of the excess of P10,000,000.

The bill amends Section 99 (B) of the National Internal Revenue Code of 1997 to read as follows: “(B) Tax Payable by Donor if Donee is a Stranger. – When the done or beneficiary is a stranger, the tax payable by the donor shall be six percent of the net gifts. For the purpose of this tax, a “stranger” is a person who is not a:

(1)  Brother, sister (whether by whole or half-blood), spouse, ancestor and lineal descendant; or

(2)  Relative by consanguinity in the collateral line within the fourth degree of relationship.”

The present law states the tax payable by the donor when the donee or beneficiary is a stranger shall be 30 percent of the net gifts.

Rep. Jesulito Manalo (Party-list, ANGKLA), an author of the bill, said the reduction of the donor’s tax intends to strike a balance between the power of the State to tax its people and the implementation of a policy that will motivate those who have more in life to share their properties and riches not only to the less fortunate classes of society, but also to individuals whose lives may improve through such donations.

“Verily, most donors are dissuaded from giving off their properties for fear that they will have to be accountable to pay enormous amounts of taxes, if they do. Further, in extreme cases, donors merely circumvent the payment of the donor’s tax by cloaking their donation through a sale transaction. This renders the donor’s taxation system rather ineffective,’’ said Manalo.

Other authors of the bill are Reps. Robert Ace Barbers (2nd District, Surigao del Norte), Dakila Carlo Cua (Lone District, Quirino), Peter John Calderon (7th District, Cebu), Victoria Isabel Noel (Party-list, AN WARAY), Rodante Marcoleta (Party-list, SAGIP), House Speaker Pantaleon Alvarez, Majority Leader Rodolfo Fariñas, Reps. Deogracias Victor Savellano (1st District, Ilocos Sur), and Leopoldo Bataoil (2nd District, Pangasinan).

FAST, SAFE AND CONVENIENT -- The entire family – including toddlers, elderly, persons with disability (PWDs) and even their cars – can now enjoy fast, safe and convenient sea travel. Thanks to the efforts of then Department of Transportation and Communications (DOTC) Secretary, now House Speaker Pantaleon Alvarez for bringing the nautical highway into fruition,” said Rep. Divina Grace Yu (1st District, Zamboanga del Sur), Chairperson of the House Committee on the Welfare of Children. House Members who joined in the “First Nautical Highway, Roads and Ports Inspection,” were briefed by the officers of Starlite and FastCat vessels about its safety, security and efficiency features. Speaker Alvarez and Majority Floor Leader Rodolfo Fariñas also observed the loading of vehicles onboard--in compliance with Safety of Life at Sea (SOLAS) as mandated by the International Maritime Organization.  The nautical highway inter-connected Mindanao to Luzon and Virata's. .  This translates to a bigger market for farm produce and fish catch, more mobility for  labor force, and better prospects for the tourism industry. The House members expressed appreciation to the House leadership for organizing the 10-day caravan (March 17 to 27, 2017) and hoped that similar activities will be conducted in the future to give them a better understanding of public infrastructure projects in relation to the proposed national government budget.

SAILING OUR SEAS. House Speaker Pantaleon D. Alvareza, who is a Commander in the Philippine Navy reserve force‎, joined naval officers and staff on board the Roll-on/Roll-off (RoRo) ferry FastCat, which took the House delegation to different ports in Luzon, Visayas and Mindanao. The “First Naval Highway, Roads and Ports Inspection” held from March 17 to 27, 2017 allows participating legislators and their staff first-hand experience of the current state of inter-island transport and travel. The inspection team, ‎which consisted of two big buses, several private cars and motorbikes, also traversed island provinces, such as Mindoro, Panay, Negros and Zamboanga Peninsula.

House to strengthen anti-hospital deposits

To improve the country's emergency health care service, the House of Representatives passed on second reading a bill that makes more stringent the law prohibiting hospitals from demanding deposits as a condition for confinement or treatment of patients under certain cases.

HB 5159, principally authored by Rep. Tom Villarin (Akbayan), seeks to amend Batas Pambansa Bilang 702, entitled “An Act Prohibiting the Demand of Deposits or Advance Payments for the Confinement or Treatment of Patients in Hospitals and Medical Clinics in Certain Cases.”

Villarin said that despite the "no balance billing" policy of the Philippine Health Insurance Corporation (PhilHealth) for the benefit of indigents, there still have been reports of private hospitals rejecting patients on account of the patients’ inability to pay for the hospital deposit.

Villarin cited an increase in the number of cases where patients have died simply because they were refused medical attention by private hospital in view of their failure to pay the required deposit.

Should this practice continue, Villarin said that the present statistic of seven out of 10 Filipinos dying without ever seeing a doctor is likely to soar. This is compounded by the fact that 50 percent of barangays in the country do not have a barangay health station, added Villarin.

“Clearly this practice must be stopped. By increasing the penalties for the violation of the Anti-Hospital Deposit Law, expanding the definition of emergency care to include women in active labor and at risk of miscarriage or fetal distress, and providing incentives for health facilities that provide emergency medical services, a framework where preservation of human life is paramount consideration can be created,” said Villarin.

The bill provides that, “in emergency or serious cases, it shall be unlawful for any proprietor, president, director, manager, or any other officer, and/or medical practitioner or employee of a hospital or medical clinic to demand any deposit or any other form of advance payment as a prerequisite for confinement or medical treatment of a patient in such hospital or medical clinic or to refuse to administer medical treatment and support as dictated by good practice of medicine to prevent death, miscarriage, or permanent disability, or otherwise require payment for basic emergency care services to any patient.”

The bill further provides that by reason of inadequacy of the medical capabilities of the hospital, the attending physician after having administered emergency measures, may transfer the patient to a facility where the appropriate care can be given.

A "serious case" is defined under the bill as “a condition of a patient characterized by gravity or danger wherein based on the objective findings of a prudent medical officer on duty for the day when left unattended to, may cause loss of life or cause permanent disability to the patient, or in the case of a pregnant woman, cause a miscarriage.”

Whereas, a "basic emergency case" is the “response to a situation where there is urgently required medical care and attention, and includes procedures required for initial diagnosis, use of equipment, and supplies in sufficiently addressing the emergency situation, considering the welfare of the patient and other fees incurred at the time of basic emergency response.”

The bills adds that "the case of a woman in active labor, who is already in crowning stage shall be considered as an emergency, and the medical facility shall perform the necessary measures or treatment to ensure that the labor goes well into the separation of baby and placenta.”

Moreover, where there is no ambulance available for use by the hospital or for the emergency transfer of the patient to a facility where the appropriate care shall be given, the local government unit (LGU) where the hospital is located must allow the free use of its emergency vehicle to transport the patient. The hospital must provide a certified staff nurse to accompany the patient in the emergency vehicle.

As a further requirement, a hospital must post at its entrance a notice indicating its Department of Health (DOH) classification level and the list of medical services that it is authorized to perform.

According to the House bill, PhilHealth is required to shoulder all the expenses advanced by hospitals for the emergency medical services given to the poor and indigent patients, subject to its existing policies. Moreover, the Philippine Charity Sweepstakes Office (PCSO) shall provide medical assistance to the basic emergency care needs of the poor and marginalized groups.

Lastly, the bill also provides for penalties for violation thereof, in the form of imprisonment of not less than six months and one day, but not more than two years and four months, or a fine of not less than P100,000, but not more than P300,000, or both.

If the violation is committed pursuant to an established policy of the hospital or upon instruction of its management, the director or officer of such hospital responsible shall suffer imprisonment of four to six years, or a fine of not less than P500,000 but not more than P1 million, or both, without prejudice to damages that may be awarded to the patient-complainant.

In case of three repeated violations, the health facility’s license to operate shall be suspended or revoked by the DOH.

The president, chairman, board of directors or trustees, and other officers of the hospital shall be solidarily liable for the damages that may be awarded by the court to the patient-complainant.

Lastly, the DOH is mandated to create a mediation board to initially settle complaints from private individuals prior to the filing of a formal complaint against a hospital.

Other authors of the bill are Reps. Christopher Belmonte (6th District, Quezon City), Teodoro "Ted" Montoro (AASENSO), Gus Tambunting (2nd District, Parañaque), Jose Panganiban, Jr.  CPA, LLB (ANAC-IP), Maria Vida Espinosa Bravo (1st District, Masbate), Ma. Lucille Nava, M.D. (Lone District, Guimaras), Angelina Tan (4th District, Quezon), Rodante Marcoleta (SAGIP), Marlyn Primicias-Agabas (6th District, Pangasinan), Linabelle Ruth VIllarica (4th District, Bulacan), Joaquin Chipeco, Jr. (4th District, Laguna), Manuel Jose "Mannix" Dalipe (2nd District, Zamboanga City), and Edgar Erice (2nd District, Caloocan City).

Sports gets boost from House

The House of Representatives has passed on second reading a bill seeking to require higher education institutions (HEIs) to report participation and program support expenditures in all college athletic programs.

House Bill 5152 or the proposed “Athletic Programs Report Act” aims to: help develop a healthy and competitive citizenry through sports and athletics; provide a database of information containing athletic program participation rate and financial support; and ensure that HEIs shall provide equal opportunities to both female and male student athletes in sports activities.

Rep. Mark Aeron H. Sambar (Party-list,PBA), principal author of the bill, said it is the State policy to promote physical education and encourage sports programs, league competitions and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence towards the development of a healthy and alert citizenry.

All educational institutions are also mandated to undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors, Sambar said.  “In line with these objectives, both male and female athletes shall be given equal opportunities to receive proper training and participate in sports activities and competitions,” he added.

He said active participation in sports teaches the youth values such as teamwork, handling challenges, and overcoming obstacles, keeps the mind sharp and maintains physical fitness.

Sambar said the bill requires institution of higher education to disclose participation and program support expenditures in college athletic programs. “Learning institutions should inform prospective students of the college’s or university’s athletic programs in order for prospective students to make an informed judgment of whether to enroll in the school or not,” said Sambar.

The bill mandates HEIs to participate in any athletic programs recognized by the Commission on Higher Education (CHED).

The HEIs shall submit an annual report to the CHED chairperson regarding their intercollegiate athletic programs containing the following: the total number of participants in the athletic program and their gender; the ratio of male participants to female participants in the entire athletic program; the total operating expenses for the sports program; the total scholarship expenditures vis-a-vis the total number of participants; the ratio of male scholarship expenses to female scholarship expenses in the entire athletic program and the number of contests participated in by the team, and the ratio of participants to coaches among others.

On the part of the CHED, it shall compile and publish annually the information collected from HEIs, including the athletic conferences recognized by intercollegiate athletic associations and participated in by the HEIs.

The CHED shall also impose disciplinary action on HEIs and their personnel who will not comply with the said requirement.

The bill refers to college athletic programs refer as “college or university sports programs, league competitions, amateur sports, and other sports activities, including training for international competitions, organized by the HEI or participated in by a team of students representing a college or university.”

It refers to National Sports Associations (NSAs) as “various national sports associations accredited by the Philippine Olympic Committee (POC).”

It refers to program support expenditures as “operating, scholarship and other expenditures incurred by the HEI in organizing an athletic team and participating in an athletic program.”

The measure mandates the disclosure of athletic program participation rate and financial support, including the level of participation of NSAs and number of athletes registered with the different NSAs.

The HEIs shall also make available to the public the information contained in the report submitted to the CHED through publication through any of the following public information outlets: online, via the website of the institution; the local school paper; bulletin boards in campus premises; and other schemes to disseminate information.

Lastly, it provides that within 60 days upon the effectivity of the Act, the CHED, in coordination with the Philippine Association of State Universities and Colleges, Coordinating Council of Private Educational Associations, the Association of Local Colleges and Universities, and the Philippine Olympic Committee (POC), shall issue the necessary Implementing Rules and Regulations (IRR).

Other authors of the bill are Reps. Ben P. Evardone (Lone District, Eastern Samar), Rose Marie J. Arenas (3rd District, Pangasinan), Christopher Vera Perez De Venecia (4th District, Pangasinan), Cheryl P. Deloso-Montalla (2nd District, Zambales), Jonas C, Cortez (6th District, Cebu), Renato J. Unico Jr. (1st District, Camarines Norte), Carlito S. Marquez (Lone District, Aklan), Divina Grace C. Yu (1st District, Zamboanga del Sur), Tricia Nicole Q. Velasco-Catera (Party-list, MATA), Gary C. Alejano (Party-list,MAGDALO), Alfredo A. Garbin Jr. (Party-list, AKO BICOL), Conrado M. Estrella III (Party-list, ABONO), Amado T. Espino, Jr.(5th District, Pangasinan), and Leopoldo N. Bataoil (2nd District, Pangasinan ).

Alvarez: A month enough to pass law postponing brgy. polls

House Speaker Pantaleon Alvarez today expressed confidence there is enough time to pass a law to postpone the barangay elections and allow Pres. Rodrigo Duterte to fill in the vacancies before the first regular session of the 17th Congress ends in June.

Currently on break, Congress will resume its sessions on May 2 until June 2 this year.

In a radio interview, Alvarez dismissed concerns Congress may not have enough time to pass the necessary law to amend the Local Government for the postponement of the barangay elections scheduled for October this year.

“Hindi po lalo na kapag na-certify as urgent ng ating Pangulo,” Alvarez said.

In fact, Alvarez said that even while Congress is in recess he has already directed his staff to prepare the draft of a bill for the purpose so that it can be immediately filed in the House of Representatives upon the resumption of session on May 2 and calendared for discussion.

Alvarez said Congress needs to pass the amendatory law to authorize the Commission on Elections to postpone the October barangay polls.

Earlier, Pres. Duterte warned that if the October barangay elections would push through many village officials with ties to the drug trade would likely get re-elected. Instead, the President said he wants the polls postponed and fill the vacant positions by appointment.

Alvarez reiterated his support for the position of Pres. Duterte.

“Valid naman po yung objective ng ating Pangulo,” Alvarez said.

Alvarez believes that the super-majority coalition in the House will support Pres. Duterte’s proposal, saying that so far he has not received any word expressing opposition against the idea from any member of the majority.

To ensure faster deliberation and approval of the proposal, Alvarez said he intends to talk to Department of Interior

Secretary Ismael Sueno and Senate President Aquilino “Koko” Pimentel, III.

Pres. Duterte had admitted that his plan to appoint barangay officials to fill the vacant posts would be “quite messy” because incumbent barangay officials would likely oppose the move.

According to the President, the first requirement for a barangay officer-in-charge nominee is that they should not have any connections at all with rebels. Second is that they are not into drugs, and lastly, they are not really leaders of politicians.

The President said he would accept nominations from the Catholic Church, from Islamic leaders, religious denominations and other organizations.