We have a double standard in enforcing laws

Once more the peace in Mindanao has been replaced with the staccato of machine gun fire from both the Armed Forces of the Philippines (AFP) and the Moro Islamic Liberation Front (MILF) and all because our supposed Strong Republic failed to impose the laws of our land. Thanks to our incompetent peace negotiators, they supposedly came up with a memorandum of agreement with the MILF in return for peace. Yet, surely they must have known that for peace to happen, the protagonists must first lay down their arms… not in surrender, but to show sincerity that they truly want peace.

But because our peace negotiators didn’t prioritize the laying of arms in the peace table… today Mindanao is once more in flames. Last weekend, we had a planned big bike ride to Davao via the Maharlika Highway, but with the situation in Mindanao very fragile, I opted to stay home and avoid any possible untoward incidents, especially in these times when the main highway is littered with checkpoints and no one knows whether the soldiers manning them are AFP or MILF or even the NPA?

Supposedly MILF sub-commanders have begun to surrender to the AFP. This just brings me the question… how many times have MILF or MNLF commanders surrendered to the military? Yet after the surrender, most of them fight again in the next battle. It truly is a never-ending war with the Moro separatists, unless the AFP conducted a massive campaign to rid these people of high-powered arms! So when will the AFP do this?

There is no question that it is better to talk peace rather than shoot at one another. But it is high time that the Arroyo government negotiate on a position of strength. The Arroyo administration has made a “Strong Republic” as its official slogan, but in the case of that stupid RP-MILF MOA, they negotiated on a position of weakness. Now that all bets are off as far as this MOA is concerned, now is the time for Pres. Arroyo to fire Gen. Hermogenes Esperon for bungling this supposedly peace accord.

Talking about peace and slogans… we just had the 25th anniversary of the assassination of the late Sen. Benigno “Ninoy” Aquino Jr. whose death sparked the beginning of the demise of the conjugal Marcos dictatorship and our slogan then was “Justice for Ninoy, Justice for All.” In the USA during the urban uprisings by blacks versus white supremacists the slogan there was “No Justice, No Peace!” But because the rule of law is very well observed in the United States (especially the Judiciary) they now have peace in America.

But 25-years after Ninoy’s death, justice still eludes the Filipino people and have gotten worse because of corruption in the judiciary! What we have is a double standard in enforcing Philippine laws. One for the people who obey the law and a special treatment to those who carry high-powered firearms and kill our soldiers and civilians.

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Here’s a letter comment about our article on VECO’s system’s losses, which as I already mentioned is a similar problem with MERALCO. 

“Dear Bobit, Your Aug. 22, 2008 column, mentioned about VAT on Systems Loss. I’ve been writing Malacanang on said subject, but the reply received is only “1st Indorsement” addressed to BIR. Supreme Court ruling on the correct interpretation of gross receipts states in part; “gross receipts for purposes of computing business tax or franchise tax should only include Wheeling Charges and Captive Market Revenues.”

Rule 7 Section 4 (q) of the Implementing Rules and Regulation of RA 9130 otherwise known as Energy Power Industry and Regulation Act of 2001, also states; “a Distribution Utility shall pay a franchise tax only on its Distribution Wheeling and Captive Market Supply Revenue.” The question now is; why are we being charged for VAT on non-captive market revenues like; systems loss, CERA and Lifeline Subsidy? Worse is Franchise Tax.

In the case of Meralco, we are charged Franchise Tax based on their total collections which include collections for and in behalf of NPC/TRANSCO account wherein they do not derive any benefit thereof? Franchise tax is already a tax; I cannot understand the rational why still subjected to VAT? Is this not a double taxation? Yours Joe Nacilla BF Resort Village, Las Piñas City

There is no doubt that with high prices on gasoline and basic commodities hitting the pockets of Juan dela Cruz, we only heard stories that the government wants to help our consumers… and a dole-out has already been given to Meralco consumers and soon to VECO consumers as well. But if the Arroyo administration truly wants to help the people, she can ask the ERC not to collect VAT on the systems losses and that should result in a reduction in our monthly power bills. So when will we see this happen?

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For email responses to this article, write to [email protected]. Bobit Avila’s columns can also be accessed through www.philstar.com. He also hosts a weekly talkshow entitled, “Straight from the Sky” shown every Monday only in Metro Cebu on Channel 15 on SkyCable at 8 in the evening.