Tuesday, July 05, 2005
SC won’t lift TRO on EVAT

MANILA – The government’s bid to lift the temporary restraining order issued by the Supreme Court against the expanded value added tax law was denied yesterday (July 5), but the high tribunal moved to expedite the resolution of the case.

In view of revenue loses estimated at P130 million a day, the SC reset the oral arguments on the case from July 26 to July 14.

The SC did not comment on the motion for reconsideration filed by the finance department the other day. The EVAT law was supposed to take effect July 1 but the minority lawmakers from the Senate and the House of Representatives in partnership with the party list group Abakada along with various associations of petroleum  dealers petitioned the SC last Friday to hold the implementation of the law due to technical shortcomings.

The SC’s issuing of the TRO was not welcomed by investors resulting in a depreciation of the peso and a slide in the stock market. The government had been counting on the proceeds from the EVAT law to partially solve the budget deficit, estimated at P160 billion this year.

 

COMMENT: The stock market and the rest of the business community will be in limbo between now and July 14. Opposition senator Juan Ponce Enrile said the Arroyo administration must prepare for the worst case, which is the SC declaring with finality that the EVAT law is null and void. Despite President Gloria Macapagal Arroyo’s serious political problems, she still has to preside over the executive branch, keeping the government bureaucracy rolling.


Posted at 09:22 pm by Robert del Val

miglena
August 26, 2005   12:34 AM PDT
 
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Raymundo Marquez
July 5, 2005   10:04 PM PDT
 
The timing of the TRO, one day after eVAT took effect, is what must gall the administration which has been banking on this new law to erase at least 20 to 25 billion pesos from its 180-billion deficit at the end of the year. That's indeed a big loss daily to sustain.

What apparently is being questioned here by Rep. Escudero and the Petroleum Dealers Association is not the increase in corporate tax but the provision giving the president the authority to raise the tax by a certain percentage every year. Senator Angara claims this is mandatory whether the president likes it or not.

Though only two of the 15 justices voted against the TRO, it will be a different ball game when the SC reconvenes to hear both sides of the argument. Enrile is already gloating this may sink further President Arroyo's standing, which raises the suspicion if this petition for the TRO was not politically motivated to begin with. Ah, what crimes are committed in thy name!
 

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