Expanded VAT

[111prez]

Supreme Court upholds legality of crucial tax law--official
Posted: 5:35 PM | Sept. 01, 2005

Agence France-Presse

(UPDATE) THE SUPREME Court on Thursday upheld the legality of a crucial tax measure aimed at addressing the country's chronic deficit, officials said.

"The law was upheld as legal," a court official told reporters, adding that the result of the special session by the court's 15 justices would be formally unveiled at a news conference later in the day.

"There were some dissenting opinions," said the official on condition of anonymity.

Supreme Court spokesman Ismael Khan said he has not seen the decision yet, but that an official announcement will be made in an hour or two.

source: www.inq7.net

[mazdamazda]

damn... ang dami naming gagawin to comply with that.

[bilog]

THE SUPREME Court upheld the constitutionality of a crucial tax measure aimed at addressing the country's chronic deficit, a court official told INQ7.net Thursday.

Voting 15-0, the high tribunal ruled that Republic Act 9337 or the Expanded Value Added Tax (e-VAT) Law was "legal," according to the official who requested anonymity.

Despite the unanimous decision however an official quoted by the Agence France-Presse said, "There were some dissenting opinions."

The official who spoke with INQ7.net also said that in the decision penned by Associate Justice Alicia Austria-Martinez, the temporary restraining order the court imposed on the implementation of the e-VAT law would stay to give anti-VAT proponents a chance to appeal the decision.

The court would lift the TRO once its decision becomes final, the official added.

Court spokesman Ismael Khan said he had not seen the decision but that an official announcement was expected later in the day.

Abakada Guro Party list group, opposition Senator Aquilino Pimentel Jr., Association of Pilipinas Shell Dealers Inc., Congressman Francis Joseph Escudero, and Bataan Governor Enrique Garcia Jr. questioned the "undue delegation of legislative powers to the President" and the alleged "insertions" and "deletions" of some provisions in the bicameral conference committee that had not been tackled by Congress.

Last July 1, the Supreme Court stopped the government from implementing the e-VAT law.

The e-VAT law is among the priority revenue-generating measures of President Gloria Macapagal-Arroyo to ease government's financial crisis.

haaayyy!!! makalipat na ng hanapbuhay.

[BlueBimmer]

kelan kaya effectivity neto?? shet talaga

[Innova_Boy]

i think the oppositor can still appeal the decision of SC en banc...


WBR,

[bilog]

sana magbago ang ihip ng hangin sa SC at pigilan ito ng malacanang...

Patagalin pa sana kahit after christmas.

[oldblue]

so bale applied na EVAT sa fuel & electricity. oh god! ngaun lang ako magdadasal, wag sana magka-civil war sa Pilipinas. this sort of problems make or break a nation.
with world oil crisis tapos tax pa, maintindihan kaya ito ng mga ordinaryong pinoy.

[Blackraven]

Bad timing din ung E-VAT.

Dapat next year nalang instead of H2 2005.

Considering that they will charge the E-VAT on fuel and electricity REALLY COMES AT A BAD TIME.

With oil past $70 per barrel and them electricity companies with their heavy financial debts.

Some will understand & support the E-VAT but people below the poverty line WON'T.

Para sa akin, I don't care kung may E-VAT o wala pero I don't about the others. Times will getter tougher once again.

I'm neutral to the situation but then again, this E-VAT is NOT A WIN-WIN SITUATION (one is favored while the other is at a disadvantage & vice-versa)

[boybi]

the oppositors of the evat have 15 days to ask for reconsideration, if denied, dun palang ma-implement ang evat.

[bigbrother]

no impeachment, yes to evat.... wow may pambayad na sa mga congresista na ayaw sa impeachment.....

[zechs]

i think somebody (salceda?) is going to file a resolution making the e-vat on oil and power rates be applied june of 2006. hopefully the resolution will get approved.

[xpac]

di kaya lalong lumaki yun anti-GMA rally dahil jan sa EVAT na yan?

[111prez]

para sa mga matiyagang magbasa, you can read the full text of the supreme court's decision on the evat here: http://www.supremecourt.gov.ph/

the title of the case is:

G.R. No. 168056. September 1, 2005
ABAKADA Guro Party List Officers Samson S. Alcantara, et al. Vs. The Honorable Executive Secretary Eduardo Ermita, et al.

just click on the case title. you can also read the concurring and dissenting opinions of the justices here

[boybi]

para sa mga matiyagang magbasa, you can read the full text of the supreme court's decision on the evat here: http://www.supremecourt.gov.ph/

the title of the case is:

G.R. No. 168056. September 1, 2005
ABAKADA Guro Party List Officers Samson S. Alcantara, et al. Vs. The Honorable Executive Secretary Eduardo Ermita, et al.

just click on the case title. you can also read the concurring and dissenting opinions of the justices here

hehe, baka pwedeng post mo nalang dito ang summary ikaw ang mas nakakaintindi dyan

[BlueBimmer]

nako sakit sa ulo basahin yan, pakisummarize nlang in 1 paragraph in layman's terms hehe

[111prez]

hehe, baka pwedeng post mo nalang dito ang summary ikaw ang mas nakakaintindi dyan

no problem pero babasahin ko muna

i cut and pasted the decision to a word file and its 241 pages long (including all the separate concurring and dissenting opinions). majority of the text used times new roman font at 14 points and paper size of the file i used for the word document is 8.5 x 13 (legal size)

[GlennSter]

atty prez, hintayin ko yan ha.hihihihihi

thanks!

[111prez]

atty prez, hintayin ko yan ha.hihihihihi

thanks!

nayyyyyyyy!!!!!

hehehehe

[mazdamazda]

FYI:

With EVAT, oil price hike at 6%
By Christina Mendez
The Philippine Star 09/07/2005

The Department of Energy (DOE) announced yesterday that implementation of the expanded value-added (EVAT) law would only translate to a "slight increase of 6.4 percent on the average" rather than the full 10 percent due to the mitigating measures included in the tax reform law.

"There is an impact of only 6.4 percent on the average. Why? Because of the removal of the excise tax and the reduction of the tariff from five to three percent. So that is 6.4 percent on the average," Energy Undersecretary Melinda Ocampo told the Bulong Pulungan media forum at the Westin Philippine Plaza in Pasay City in a bid to allay public fears that implementation of the EVAT would mean higher prices of commodities.

Ocampo pointed out this is "good news" for the consumers because the mitigating factors have reduced the VAT rate to only 6.4 percent.

The franchise power on power distribution utilities was removed to also mitigate the impact of the EVAT on power rates, officials said.

"When it comes to electricity, it will be different per (power) utility because we have 24 private and government utilities, and 219 cooperatives. We have to treat them individually because they have different rates and so the impact varies based on existing rates," Ocampo explained.

Despite a temporary restraining order (TRO) from the Supreme Court, Ocampo insisted the government will implement the EVAT law as soon as possible, citing the need to generate new revenues for the government.

Under the new VAT law, the mitigating measures removed the excise tax on socially sensitive products like diesel (used by public transport vehicles), kerosene (used for lighting purposes in the countryside) and fuel oil (used for power generation).

The VAT Reform Act, also know as Republic Act 9337, reduced the excise tax on regular unleaded gasoline.

The SC last week upheld the constitutionality of RA 9337, but it has yet to lift the TRO on its implementation.

During the forum, Ocampo also supported statements made by Finance Undersecretary Noel Bonoan, who earlier opposed a Senate bill seeking to exempt oil and power from the EVAT coverage.

Bonoan, who was also present in the forum, said they have argued with the Supreme Court on the need for government to increase its revenues.

Ocampo added that the DOE will also join the Department of Finance at the Senate tomorrow to convince lawmakers of the need for the government to implement the EVAT law, and to object to Sen. Mar Roxas’ move to defer its implementation on fuel and power until next year.

"Definitely, we will support the government because we need revenues. We are not actually rejecting (Roxas’ proposal), we are open (to it) but that will be based on their judgment because they are the lawmakers. We will just implement whatever they will approve," Ocampo noted.

For her part, Trade Undersecretary Zenaida Maglaya also contradicted Roxas’ claims that there is only "panic selling," not panic buying.

Maglaya said local traders have admitted to a slowdown in sales due to the price increases on basic commodities.

Maglaya said local businessmen are looking forward to the holiday season when they could regain lost profits in the last few months of the year.

In a briefing, finance and energy officials argued that the reduction of excise tax on kerosene, diesel and bunker fuel oil has cushioned the impact of imposing the VAT on fuel.

Ocampo’s statement came amid criticisms from Albay Rep. Joey Salceda, a key economic adviser of President Arroyo, who slammed the finance department over the weekend for insisting on the implementation of the EVAT law on oil and power despite the escalating prices of crude oil in the world market.

Ocampo said DOE officials will attend the hearing initially set at 9:30 a.m. by the Senate committee on energy chaired by Sen. Miriam Defensor-Santiago to discuss the resolution introduced by Roxas to exempt power from EVAT.

The committee also scheduled for the same hearing discussions on possible amendments to the Electric Power Industry Reform Act.

[wowiesy]

ang hindi ko maintindihan ay kung bakit pilit nilang pinagpipilitan na hindi tataas ang presyo ng mga bilihin, when in fact, the transport industry, specifically the shipping industry, which used to be zero rated, is now covered by vat of 10% (possibly 12% next year if certain conditions are met)... in an archipelago like ours, where a lot of goods need to be shipped to another island para mapakinabangan, how the hell can we expect that prices of goods wouldn't be affected kung freight cost pa lang ay tatamaan na?

paki paliwanag naman po mr. secretary teves....