MORE NEWS, BAGUIO CITY

Baguio execs back DOTC stand to reroute PUVs from Kennon to Marcos highway
By Aileen P. Refuerzo

BAGUIO CITY – Councilors backed the move of the Department of Transportation and Communication regional office to reroute “inter-regional public utility vehicles-for-hire” from Kennon Road to Marcos Highway.

In a proposed resolution, city councikors unanimously hailed the move as they requested the inclusion of heavy trucks in the rerouting.

The proponents recalled that after the July 16, 1990 earthquake, the city council made several requests for the Department of Public Works and Highways to ban trucks and buses from passing along Kennon Road as the stretch became dangerous due to threats of landslides and the massive damages sustained by the road.

The DPWH-CAR acted on the request by posting a notice limiting the use of the road to certain types of vehicles with certain maximum weight.

The regulation was observed for a time especially when a landslide occurred along the road at the height of a typhoon years ago covering a van-for-hire and killing most of its passengers.

Eventually, however, the DPWH notice was ignored as trucks and buses returned to using the road except during inclement weather.

The councilors said the move of the DOTC-CAR is laudable as it serves to protect the motorists.

They said however that it would be better if the DOTC-CAR will include trucks and buses in said prohibition.

The proposed resolution will be tackled by the city council soon.


19 more land titles issued to Scout Barrio residents
By Gen Toledo

BAGUIO CITY -- Following the first register of deeds awarded to bonafide occupant of Scout Barrio Angelita Yabut, 18 more were released the last two months by virtue of President Gloria Macapagal-Arroyo's Executive Order 64.

Ms Arroyo signed the orde in 2001 through then Exec. Secretary Alberto Romulo which declared that Scout Barrio, though covered by the Bases Conversion and Development Authority was a housing site for bonafide occupants.

Emilia Corpuz, one of the beneficiaries and resident of Scout Barrio since 1933, said they have been looking to having their titles in the 1960's. Past presidents have passed with their promise to formalize the titling of their lands but all promises were broken.

"We are very happy that finally, we can say the 320 sq. m. land is ours after waiting for close to five decades. Some of my colleagues have passed on, I am glad I am here to feel the joy of this success. We are very thankful to PGMA for paving way for our land ownership," said Corpuz.

It seemed like an endless battle for the land as even former Baguio City mayor Braulio Yaranon, who was still then only a lawyer, was the first to negotiate for titling of the lots with the Department of Foreign Affairs since the land was under the BCDA.

Scout Barrio Neighborhood Association president Froilan Gasmena said hardest part of the process was making the people believe of something that was not true.

"We had to go to the extent of threatening to sue BCDA before the deed of sale was given when in fact the payments for the deeds were already paid.

The beneficiaries assumed the surcharge even if it was paid before the deadline, just so we can acquire the titles."

Eighty-nine year old Francisca Aqui, beneficiary of their 317 sq. m. lot paid P130,000.00 to John Hay for the lot and another P60,000.00 for the title.

She said they started processing these papers two years ago but the titles were only given to them this March.

Most of the awardees were heirs to their deceased family members who stayed in Scout Barrio even before the American regime.

One beneficiary in the person of Leonora Oliva will be coming home to Scout Barrio not only to celebrate her 100th year of birth, but also, the achievement of their goal.

Other awardees were: Dolores Consolacion, Benedicto Ballena, Sevilliano Viray, Rosalinda Madayag, Alfredo Mangilinan Jr., Manuela Lacanlena, Francia Sta. Maria, Daniel Corpuz, Sosimo Escano, Rudy Lumanlan, Hidolfo Lachica, Rosaio Ferrera, Rosemarie Ventura, Agustin Regacho, Manuel Dumpit and Manuel Cuevas.

The remaining 77 beneficiaries out of the 163 are still waiting for their titles despite full payment of their lots and long term occupancy.


Smart not exempt from paying franchise tax
By Aileen P. Refuerzo

BAGUIO CITY – Smart Communications Inc. is not exempt from paying local franchise tax, the city legal office ruled saying the city government has to collect delinquent LFT payments from the telecommunications giant.

SMART through lawyer Eric Joseph Tuano earlier wrote city treasurer Thelma Manaois airing their position that SMART is exempt in the payment of said tax “by virtue of its legislative franchise” as per Republic Act No. 7294.

Tuano said SMART’s exemption was upheld in court decisions on similar concern in Makati and Iloilo cities.

SMART’s exemption was also affirmed by the Bureau of Local Government Finance through its deputy director and officer-in-charge Angelina Magsino “declaring that SMART is exempted from local franchise and business taxes under its legislative franchise,” according to Tuano.

“There is no doubt that SMART is exempt from local franchise tax. Accordingly, SMART respectfully requests that this Honorable Office process and issue the necessary business permits so it could continue conducting business under its entitlements and obligations under the law,” Tuano noted.

In his legal opinion, however, city legal officer Melchor Carlos Rabanes cited court cases where the Supreme Court recognized Local Government Code provisions that allow local government units to impose local tax “at a rate not exceeding 50percent of 1 percent of the gross annual receipts realized within its territorial jurisdiction.”

“It is true that the phrase ‘in lieu of all taxes’ found in special franchises has been held in several cases to exempt the franchise holder from payment of tax on its corporate franchise imposed of the Internal Revenue Code, as the charter is in the nature of a private contract and the exemption is part of the inducement of the acceptance of the franchise… But, these ‘magic words’ contained in the phrase ‘shall be in lieu of all taxes’ have to give way to the preemptory language of the LGC specifically providing for such withdrawal,” Rabanes said.

“SMART’s legislative franchise contains ‘in lieu of taxes’ provision. A question now arises as to whether the provision of Local Government Code on the imposition of franchise taxes will prevail over SMART’s alleged exemption,” Rabanes said adding that this was addressed by Supreme Court decisions upholding the local government’s power “to create its own sources of revenue and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy…”

Rabanes also cited a Supreme Court decision which states, “In interpreting statutory provision on municipal fiscal powers, doubts will have to be resolved in favor of municipal corporations.”

“Considering that there is now a doubt as to whether the statutory provision on municipal fiscal powers will prevail over the legislative franchise of SMART, this office opines that such doubt should be resolved in favor of the City in accordance with the above-cited case,” he said.


6 outlets allowed to sell NFA rice

BAGUIO CITY – The office of the National Food Authority here has allowed only six Bigasan ni Gloria outlets in the city’s market to sell cheap rice to consumers.

This came after President Arroyo cancelled all authority granted to hundreds of rice retailers to sell NFA rice.

Rolando Rufo, NFA manager for Baguio and Benguet, said three of the outlets operate from Monday to Wednesday, and the three others operate from Thursday to Saturday, and only one operates even on a Sunday.

In La Trinidad, Benguet’s capital town, the NFA set up one outlet in public market to sell NFA rice at R18.25 per kilo.

Rufo said the newly established rice outlets are monitored daily by NFA under their Palengke Watch program to ensure that there would be more-packing of NFA rice and that the price does not exceed the R18.25 per kilo.

The NFA said consumers nned not panic as all its warehouses contain sufficient supply of rice to address increasing demand for NFA rice that due to skyrocketing prices of commercial rice sold by private retailers. -- Dexter See