Monday, June 30, 2008

MORE NEWS, BAGUIO CITY

CJH renters face big fines for failure to pay taxes
By Isagani S. Liporada

BAGUIO CITY – The city government is set to investigate establishments in Camp John Hay here who have failed to pay regulatory fees and secure business permits from the city.

This, after city legal officer Melchor Rabanes in a June 26 letter, requested the public order and safety division and the city treasurer’s Office for the probe saying “business proprietors must pay for the cost of regulation in exchange for a peaceful business environment secured for them by the city government.”

Abanes in the letter to POSD head Gregorio Deligero and treasurer Thelma Manois said, “The CLO intends to pursue prosecution of erring business establishments in line with the efforts of the city government to enforce compliance with Ordinance 2000-001 (the tax ordinance of the city).”

He said Ordinance 2000-001 stipulates, “proper enforcement of existing laws and ordinances, and the supervision of businesses in the city, it shall be unlawful for any person to engage in such business without first obtaining a business permit and paying the taxes, fees and other charges required.”

Quoting Sec. 178 of the same ordinance the CLO added, “Those who violate our tax ordinance shall be liable for fines amounting to P1,000 to P5,000 or imprisonment of not more than six months.”

“If the violation is committed by a corporation, the chairman, president, or manager shall be held liable,” Rabanes said. Earlier, Rabanes dispelled claims enterprises within CJHEZ are not required business permits from the Baguio government. In a legal opinion addressed to city treasurer Thelma Manaois dated June 12, he said,

“There are neither statutes nor case laws conferring the Bases Conversion Development Authority or John Hay Management Corporation police power to control, supervise and regulate businesses within CJHEZ.”

This, in reaction to a JHMC letter dated March 26, 2007 to Manaois wherein JHMC claimed businesses within the ecozone were excused from local government taxes. JHMC in the letter said “pursuant to Presidential Proclamation 1191, John Hay has been declared as a Special Tourism Economic Zone within the purview if Republic Act (RA) 7916 or the Special Economic Zone Act of 1995.”

“As an offshoot, a registration agreement was executed between the Philippine Economic Zone Authority and JHMC. The agreement provided that JHMC as developer-operator of the ecozone is authorized, among others, to administer, manage, and operate the ecozone.”

Rabanes however said JHMC should distinguish between the exercises of the power of taxation contra police power granted to LGUs via the Local Government Code. He said, “The police power exercised by a local government treats of its power to prescribe regulations to promote the health, morals, peace, education, good order or safety and general welfare of the people.”

It is essentially regulatory in nature and the power to issue licenses or grant business permits, if exercised for a regulatory and not revenue-raising purpose, is within the ambit of this power relegated to the chief executive.


304 new plebes, 35 of them females admitted at PMA
FORT DEL PILAR, Baguio City – Three hundred four new plebes, 35 of them females, were officially taken in as members of the Cadet Corps of the Armed Forces of the Philippines here at the Philippine Military Academy last week. Composing PMA Class of 2012, the 304 out of 326 qualifiers who made it to the PMA on April became cadets in rites the Borromeo Field with AFP chief Gen. Alexander Yano as guest.

Air Force Capt. Dennis Solomon, PMA spokesman said the high success rate of 93 percent of plebes entering the PMA was due to implementation of reforms in its cadet training under the 10-year strategic plan.

The new cadets completed Summer Camp Training where they were taught fundamentals of cadetship, soldiery, military regulations and the “honor system” in the PMA.

This new batch of cadets would complete the CCAFP with 262 sophomores as third-class cadets, 247 juniors as second-class cadets and 189 seniors as first-class cadets.

Solomon said a parent-teacher association was established for the PMA Class 2012 with the parents of the incoming cadets interacting with PMA faculty.

The parents were reportedly briefed on the military and academic training, highlights of the Summer Camp Training, and an open forum to entertain parents’ queries.


OPEC tapped to fund P2 billion Cordillera program
BAGUIO CITY -- The government is tapping the Organization of the Petroleum Exporting Countries (OPEC) to help finance a P2.115-billion poverty alleviation program in the Cordilleras.

The Bangko Sentral ng Pilipinas (BSP) said the Monetary Board has approved in principle a proposed loan from the OPEC Fund for International Development to partially finance the Second Cordillera Highland Agricultural Resource Management Project or CHARM 2. BSP deputy governor and officer-in-charge Armando Suratos told reporters in Manila that the program would be funded out of official development assistance from the OPEC Fund as well as from the Asian Development Bank (ADB) and the International Fund for Agricultural Development (IFAD).

Suratos said the government would borrow $10 million from the OPEC Fund and another $10 million from ADB, while the bulk, amounting to $27 million, would come from IFAD.

The entire project is estimated to cost an equivalent of P2.115 billion and would focus on increasing the farm income of upland families in Abra, Benguet and Mt. Province.
Suratos said the project is now on its second phase; it was initially implemented in 1997 and 2004.

Suratos said Phase 2 would continue the poverty alleviation aspect of the first phase by improving the livelihood of indigenous communities and institutionalizing their resource management and land ownership.

Suratos said the IFAD approved its funding for the program last February. For its part, the ADB is still processing the loan application before it is brought up to the Monetary Board for clearance.

Suratos said the OPEC loan will have a maturity period of 20 years, including a five-year grace period, and a three percent interest per annum.

Both the IFAD and ADB were involved in the first phase of CHARM but in the second phase, IFAD said the project would emphasize environmental concerns, better use of existing staff resources and strengthening of local government units.

The IFAD said the project aims to improve the disposable income of upland families, promote sustainable resource management, protect the environment and mitigate adverse effects of development, strengthen existing institutions, involve poor people in planning and implementation, and improve their access to formal and informal credit.

CHARM 2 will involve mobilizing communities and improving natural resource management, with focus on the poor villagers’ participation in community-based forest management.

The IFAD said the project will also fund the development of rural infrastructure, rehabilitation of existing roads to improve access to agricultural production areas, and the construction of communal irrigation and safe water supply systems.


Big Baguio establishments required to place waste bins
By Aileen P. Refuerzo

BAGUIO CITY – Owners of big establishments like shopping malls, hotels and restaurants here are now required to provide their own large garbage bins that would effect the segregation of wastes. The city council has approved on final reading Ordinance No. 52 series of 2008 and authored by Vice Mayor Daniel Fariñas.

This was meant to compliment the city’s waste segregation policy since these establishments are also considered as major waste generators.

“It has been observed that although there are business establishments that are now complying with the solid waste segregation process some have their solid wastes accumulated at their vicinities while awaiting the garbage trucks to pick them up.

This kind of situation is not only an eyesore but there arises a tendency that these segregated garbage may be scattered by stray animals,” the ordinance noted.

“If there were big garbage bins sufficient to accommodate the accumulated garbage of each of these establishments, this kind of situation can be prevented, including the infestation by insects such as flies, cockroaches, and other vermins aside from the diseases that may arise from such.”

As per the ordinance, “proprietors, owners, and/or managers of large business establishments such as, but not limited to, hotels, restaurants, malls and the like, are hereby mandated to provide big garbage bins sufficient to accommodate the volume of their segregated garbage collections.

Large business establishments would refer to “businesses not considered micro-, small and medium enterprise based on capitalization.

However, although the business establishment falls under such brackets according to capitalization, a business establishment may still be considered ‘large’ if the volume of their garbage would approximate the equivalent volume of segregated garbage by other businesses considered large as determined by the Solid Waste Management Office and/or the City Environment and Parks Management Office (CEPMO).

These establishments may include as schools, manufacturing plants and all other establishments with large volumes of segregated garbage. ‘Big’ garbage bins, meanwhile, would refer to containers that are “sizeable” or “must bear dimensions sufficient enough to accommodate the volume of segregated garbage and enough to hold such for the period before their next collection.”

Violators of this measure would be subject to the following penalties: written notice informing the establishment to comply for first offense; fine of P1,000 for the second offense; and P2,000 fine for third offense. A P500 fine would be meted for every succeeding violation.


Execs urge airline firms: Sked more Baguio flights
By Aileen P. Refuerzo

BAGUIO CITY – The city council urged Philippine Airlines, Cebu Airlines and other airline companies to provide additional air transport services to the city. This, as the council reiterated to authorities its desire to allow continued operation of the Loakan airport here amid reports of plans to close the same to give way to the expansion of the Philippine Economic Zone.

The body earlier made Resolution No. 245 series of 2006 appealing to airline firms to consider the city in their route to further improve air transport services to the city and increase the city’s tourism industry.

“The Officer-in-Charge, Air Transportation Office, Baguio Airport, Baguio City, in her letter dated 29 April 2008 suggested that representations be made to request airline companies to come and service the City of Baguio like the Philippine Airlines (PAL) and Cebu Pacific that recently acquired smaller aircrafts like Bombargers and ATP to service smaller airports,” the resolution noted.

The council move was based on the recommendation of the council committee on public utilities, transportation and traffic legislation. Councilors said the airport should be maintained as it remains to be an important support system to the city’s tourism industry.

They said Resolution No. 157 last year expressed the residents’ “desire for the continued operation of the airport and to make known the opposition to any planned closure and/or conversion to an extension area of the Baguio City Economic Zone.”

Resolution authors Councilors Galo Weygan and Perlita Rondez said the problem on the safety of residents traversing the runway to get to their barangays could be addressed by constructing an alternate passageway for the people’s use.

The airport’s retention was supported by the Baguio Tourism Council which appealed to the city government and stakeholders to mount a campaign to stop the plan. The closure’s negative sociological, financial, cultural and environmental impacts should not be discounted, according to the body.

Resolution No. 157 series of 2007 cited numerous resolutions adopted in the past that support the continued operation of the airport. The council held a public hearing on the matter last year where many groups including the Hotel and Restaurant Association of Baguio, Baguio-Benguet Chamber of Commerce and Industry, the Baguio Association of Hotels and Inns and Baguio Conventions and Visitors Bureau bared opposition to the closure plan.


Permanent parking at auditorium proposed
By Julie G. Fianza

BAGUIO CITY- The city council last week referred to the appropriate committee the proposed ordinance of Councilor Perlita Chan-Rondez as to the parking fees being collected at the former dity auditorium and old city library, at Burnham Park.

The permanent rates were proposed after a six-month experimental pay parking at the said sites; based on ordinance no. 3, series of 2008.

Rondez said a status report from the City Environment and Parks Management Office showed the daily collection from the site, which would be potential income for the general funds and operation of the park.

The rates which to be made permanent: P40 for the first hour for tourist buses; and P10 for succeeding hours. Private tour vans, private pick-ups, private jeeps, cars and other similar capacity vehicles would pay parking fees of P20 for the first hour and P10 for the succeeding hours.

Motorcycles shall be charged P10 for the first hour and P5.00 for the next hours. A flat rate of P200 shall be charged for overnight parking, the proposed ordinance stated. The city treasury office is designated as the collection office, and could formulate additional guidelines with the approval and confirmation of the city council; Councilor Chan-Rondez said.

As in the earlier ordinance approved for the experiment the following rules also apply: overnight parking should be renewed for the next overnight parking schedule; trucks shall not be allowed to park; PUVs shall not be allowed to use the area for staging or terminal purposes; use of the park for vehicle repair shall not be allowed and there shall be no massive construction.

Parking fees collected “shall be deposited under the Burnham Park Parking Trust Fund and will solely be used to augment the operation and development of Burnham Park.”

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