news The Manila Times MONDAY BY RUBEN D. MANAHAN 4TH REPORTER


ESPITE the eagerness of the justice committee of the House of Representatives to immediately conduct the hearing on two separate impeachment complaints lodged against Ombudsman Ma. Merceditas Gutierrez, a lawmaker on Sunday lamented that the said hearings would most likely commence next year.


Rep. Niel Tupas Jr. of Iloilo, chair- man of the House justice commit- tee, reported that the panel would


most likely start the proceedings on January 17, 2011 since the House of Representatives goes on Christ-


mas break on December 17. Earlier, the Supreme Court issued a “status quo ante” order on Septem- ber 14 which prevented the panel from hearing the impeachment complaints. The matter remains pending before the High Tribunal. Tupas, however, threatened to file impeachment complaints against High Tribunal justices should the court decide to perma- nently restrain the cited House panel from conducting hearings on the impeachment complaints against the Ombudsman. “If they will permanently restrain the committee, then an impeach- ment complaint will be filed by the chairman against the justices, ako


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D e cember 13, 2010


Impeachment hearings set for next year D


itataya ko ang aking position for that [I will stake my position for that],” Tupas said.


He explained that should the High Court commit what he deems as an impeacheable offense, he would be prompted to personally a complaint.


“If they [High Court] perma- nently restrain us from proceeding, certainly an impeachment proceed- ing will happen,” Tupas said. “If they permanently restrain the House Committee on Justice to pro- ceed, which ever complaint one or two, then I think it would now be very, very clear that it would be an impeachable offense. Ako ang magpa- file ‘nun [I will file the complaint],”


Charges vs. DPWH officials in P1.5-billion flood project dropped


PROPONENTS of a P1.5-billion flood control project of the Department of Public Works and Highways (DPWH) were cleared of charges at the Sandiganbayan after evidence against them were found wanting. In a 14-page decision, the Sandiganbayan Special Second Division granted the demurrer of evidence of Nonito Fano, project director of DPWH Project Management Office, Macariola Bartolo, project manager in the same office, and a roster of DPWH engineers.


The case stemmed from the complaint of Antonio Baltazar, who charged the respond- ents of falsifying documents related to the P1.5-billion Metro Manila Flood Control Project 2 Package A.


The department allocated the P1.5 billion for the construction of pumping stations in Vitas and Balut and the improvement of Esteros de Sunog Apog, Vitas, Maypajo, Pampanga-Earnshaw Drainage Main and Buendia Drainage Main. In 2001, Baltazar wrote a letter to the depart- ment, asking about the flooding in his area in Tondo, Manila.


DPWH engineer Enriquito Fojas, a prosecu- tion witness, wrote back that flood enters the


320-meter gap in the unfinished revetment when water rises at the Estero de Sunog Apog. Fano also replied that the “revetment wall could not be constructed due to very strong op- position to the DPWH’s right-of-way.” The revetment was supposedly a part of the flood control project, but was subsequently discontinued. The prosecution accused the officials of


perverting documents to make it appear that the project was “100 percent complete” even if the revetment was not constructed and there is still an unaccomplished parapet wall along the canal. However, the court assailed and found weak the prosecution’s evidence. “Evidently, the deletion of the revetment was the result of actual field conditions and the op- position of the DPWH’s right-of-way acquisi- tion, as reflected in the very evidence offered by the prosecution,” read the ruling penned by Associate Justice Samuel Martires. It added that the department retained 10 per- cent of the contract price “to assure the govern- ment that the deficiencies or defects will surely be undertaken by the contractor.” JOHN CONSTANTINE G. CORDON


Namesake of massacre witness plead before court to stop arrests


A NAMESAKE of one of the prosecution wit- nesses in the Maguindanao massacre case has asked the intervention of the court to stop au- thorities from arresting him.


Mohammad Supiter Sangki, in a motion filed before Branch 221 of the Regional Trial Court of Quezon City, stated that he and Mohamad Simpal Sangki, the prosecution’s star witness are different persons although they are related.


Supiter Sangki related that even though he is not involved in the case, members of the Criminal Investigation and Detection Group of the Philippine National Police (CIDG-PNP) in Cotabato City raided his residence in November as part of its man- hunt operation.


Further inquiry revealed that it was Supiter


Sanki’s picture that was attached in the infor- mation provided to the authorities that were hunting down Simpal Sangki.


“This situation must be corrected as early as possible in order to correct the situation and to avoid further complication on the mat-


ter specifically the arrest and detention of an innocent person,” said lawyer Richard Petisme, counsel of Supiter Sangki.


The petitioner is asking the court to di- rect the Department of Justice to make some corrections in order to save him from possi- ble harassments. Petisme, moreover, is asking the court to issue an order to the National Bureau of In- vestigation, CIDG, Armed Forces of the Phil- ippines, PNP and other law enforcement agencies to cease and desist from arresting Supiter Sangki.


Simpal Sangki is already under custody of


the government and is already covered by the Witness Protection Program.


He earlier testified that he learned of the plan of the Ampatuan clan to block the con- voy of Vice Mayor Esmael Mangudadatu that eventually led to the killing of 57 peo- ple, including at least 31 journalists, in what is now deemed to be the country’s worst case of election-related violence.


JEFFERSON ANTIPORDA Father wants to adopt stepdaughters Dear PAO,


I am married to a widow who has three minor daughters. My affection to this woman obliged me to love her daughters as my own, provide for them and shower them with love and affection as if I am their real father. As their stepfather, is there a way for them to use my surname?


Martin


Dear Martin, Your desire to let your three step- daughters use your surname, the way you treat them as your own by providing fatherly love and affection clearly shows how much you really love your wife. However, this does not mean or translate to the fact that you can let your stepdaughters use your surname or in any way give them the right to do so. Nevertheless, you are not left without a le- gal remedy. The solution to your problem is adoption, wherein your stepdaughters may be able to legally use your surname. Adoption not only entitles them to use your surname but also legitimizes your relationship as father and daughters, thereby enabling them to enjoy all the rights and privileges being enjoyed by a le- gitimate child.


This process entails the services of a lawyer to help you prepare the necessary pleadings and represent you in court. But before you file your petition for adoption in court, you must first consult your wife with your plan to adopt her three daughters. This is because the con- sent of your wife, as well as the consent of her three daughters, if they are 10 years old and above, are necessary to the adoption. The con- sent of your legitimate child or illegitimate child who is living with you, if there is any,


shall also be necessary. (Section 9, Republic Act 8552 or the Domestic Adoption Act of 1988) Once adoption is decreed, you will have parental authority over your three stepdaugh- ters. They shall be considered your legitimate daughters, which entitle them to all the rights and obliga- tions provided by law to legitimate children. Both you and these chil- dren shall have reciprocal rights of succession without distinction from legitimate filiation. (Sections 16, 17 and 18, Republic Act 8552 or the Domestic Adoption Act of 1988) Also, an amended certificate of


birth shall be issued by the Civil Registry at- testing to the fact that these three children are your daughters by being registered with your surname. Their original certificates of birth shall be stamped “cancelled” with the annota- tion of the issuance of amended birth certifi- cates in their places and shall be sealed in the civil registry records. The new birth certificates to be issued to the three children shall not bear any notation that they are amended issues. (Section 14, Republic Act 8552 or the Domes- tic Adoption Act of 1988) Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter.


Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao <YOUR QUESTIONS> and send to 2299).


he vowed. Tupas also stressed that the cited House panel will not recognize the status quo ante order issued by the High Court and would finish con- ducting hearings before the 60-day period expires. “Definitely we will finish that,


‘yung assurance ko lang [my only as- surance is] we will finish the om- budsman petition before the 60 day period,” he said.


Under the Constitution and


Rules of Procedure in Impeach- ment Proceedings of the Fifteenth Congress, the panel has 60 session days to finish hearing an impeach- ment complaint, a provision which, Tupas asserts, the High Tribunal


cannot amend.


“The Committee on Justice after hearing, and by a majority vote of all its Members, shall submit its re- port to the House containing its findings and recommendations within sixty (60) session days from the referral to it of the verified com- plaint and/or resolution. Together with the report shall be a formal resolution of the Committee regard- ing the disposition of the complaint which shall be calendar for consid- eration by the House within ten (10) session days from receipt thereof,” Section 8 of the Report and Recom- mendation Rules of Procedure in Impeachment Proceedings of the Fifteenth Congress stated.


House panel OKs simplified tax audit


A HOUSE panel has approved a measure that seeks to establish a simplified income tax return audit (SITRA) for individuals and corporations through payment of a certain amount higher than their previous tax payments. Rep. Hermilando Mandanas of


Batangas, chairman of the House ways and means committee, explained that the enactment into law of House Bill 3150 would lead to increased revenue collections of the government. Mandanas, who also authored the said proposal, also projected that House Bill 3150 would allow the government to fill in the current budget deficit and fund socio- economic programs that will improve the lives of Filipinos. “Our nation’s present fiscal deficit


calls for a more aggressive tax collec- tion. It cannot be denied the fiscal gap is ballooning primarily because of our poor tax collection effort. In fact, the Department of Finance divulged the emerging deficit for the year is about P325 billion. Hence the urgent need to strengthen tax revenue collection to fund government programs that would spur economic growth,” Mandanas said. The lawmaker also said the bill aims


to improve income tax collection without necessarily increasing the income tax rate. He explained that the measure


would also provide peace of mind to taxpayers by granting them exemption from income tax audit or investigation, or both, while the government is ensured that it has a continuous stream of revenue which automatically increases at a certain rate. Mandanas stressed that the measure is also ultimately designed to reduce, if not eliminate feelings of undue persecution or harassment among taxpayers subjected to an audit of their income tax returns, where the revenue officer’s discretion is assumed to usually prevail. He cited that it is the declared policy


of the State to maximize revenue collection with least costs, encourage voluntary tax compliance and maintain harmonious relations with the taxpayers by granting exemption from income tax audit or investigation. “Consistent with the principle of a sound tax system, the government shall properly and efficiently adminis- ter and enforce tax laws with the least convenience to the taxpayer,” Mandanas explained. Section 1 of House Bill 3150 provides


that any person, whether natural or juridical, shall be exempted from income tax audit or investigation, or both, by registering with the Bureau of Internal Revenue (BIR) and paying an additional 12 percent over his prior


year income tax payment. To avail of this exemption, the taxpayer shall pay on the first year, an additional 20 percent of his previous annual income tax payment, and an additional 15 percent for the second year following the registration. Any person may register and avail of


the exemption from audit at any time after the effectivity of the said measure and shall be then subjected to prescribed rates provided in the law for the first and second year. The proposal also provides that when the income tax liability of a person or entity is in excess of P5 million, the taxpayer may choose to pay in three equal installments provided that all these installments shall be made on or before Decem- ber 31, 2011 unless extended by the BIR commissioner. If any installment is not paid or on


before the deadline, the whole amount of unpaid tax shall become due and payable otherwise, the SITRA registra- tion shall be cancelled. The measure also provides that persons who have been issued a Final Assessment Notice, taxpayers with fraud cases and taxpayers with unpaid income tax liability, among others, are barred from availing of the SITRA audit exemptions. RUBEN D. MANAHAN 4TH


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