Friday, September 30, 2011

SC rules on credit coop fees

By EDMER F. PANESA
March 5, 2010, 4:31pm
 
The Supreme Court (SC) has ruled that credit cooperatives are not exempt from the payment of legal fees whenever they apply for extrajudicial foreclosure of properties.

In a resolution penned by Senior Associate Justice Antonio T. Carpio, the SC held that foreclosure fees are not covered by the exemption under Republic Act (RA) 6938 or the Cooperative Code of the Philippines.

The ruling was issued in the case of Baguio Market Vendors Multi-Purpose Cooperative (BAMARVEMPCO), which sought a review of a lower court ruling and called for the “simple application” of Article 62(6) of RA 6938 that exempts cooperatives from payment of all court and sheriff’s fees payable to government.

In 2004, the BAMARVEMPCO filed with the Clerk of Court of the Baguio City regional trial court (RTC) a petition to extra-judicially foreclose a mortgage.

Under Section 7(c) of Rule 141 of the Rules of Court, petitions for extrajudicial foreclosure are subject to legal fees based on the value of the mortgagee’s claim.

Invoking Article 62(6) of RA 6938, the BAMARVEMPCO sought exemption from payment of the fees.

But the Baguio City RTC denied the request for exemption, citing Section 22 of Rule 141 exempting from the rule’s coverage only the “Republic of the Philippines, its agencies and instrumentalities” and certain suits of local government units.

It also pointed out that the cooperative’s reliance on Article 62(6) of RA 6938 was misplaced because the fees collected under Rule 141 are not “fees payable to the Philippine government” as they do not accrue to the national treasury but to a special fund under the SC’s control.

Unsatisfied with the lower court decision, the BAMARVEMPCO elevated the case to the High Court.

In its decision, the SC held that Article 62(6) of RA 6938 does not apply to BAMARVEMPCO’s foreclosure proceeding.

The court pointed out that the scope of the legal fees exemption the law grants to cooperatives is limited to only two types of actions — actions brought under RA 6938 and actions brought by the Cooperative Development Authority (CDA) to enforce the payment of obligations contracted in favor of cooperatives.

“By simple deduction, it is immediately apparent that Article 62(6) of RA 6938 is no authority for petitioner to claim exemption from the payment of legal fees in this proceeding because first, the fees imposable on petitioner do not pertain to an action brought under RA 6938 but to a petition for extrajudicial foreclosure of mortgage,” the court said.

http://www.mb.com.ph/articles/246346/sc-rules-credit-coop-fees

BIR explains coops’ tax exemption

Thursday, June 16, 2011

THE Bureau of Internal Revenue (BIR) has clarified provisions of the joint implementing rules and regulations (IRR) on the application for tax exemption of cooperatives under Republic Act 9520 or the Cooperative Code of 2009.

BIR Operations Group deputy commissioner Nelson Aspe issued the memorandum addressed to regional directors and revenue district officers dated June 9, 2011 after receiving complaints from some cooperatives on the processing of their applications for tax exemption.

The complaints, he noted, were specifically on the alleged misinterpretation of some of the revenue officials on the provisions of Section 13 of the joint IRR with regard the reckoning date of application.

The provisions stated that "all duly-registered cooperatives under RA 9520 shall apply for a certificate of tax exemption (CTE) within 60 days counted from the date of the issuance of the certificate of registration by the Cooperative Development Authority (CDA).”

To apply these provisos, Aspe said revenue officials should take into account the effectivity dates of RA 9520, which was approved on Feb. 17, 2009 but took effect April 6 that year; and the joint IRR issued on Feb. 5, 2010 with June 16, 2010 as effectivity date.

"This shows that while the joint IRR became effective on June 16, 2010, RA 9520 has already been effective since April 6, 2009,” he added, noting that there were already a lot of cooperatives which registered with the CDA even without the IRR at that time.

"For cooperatives that have registered and applied with the BIR for the CTE before the effectivity of the joint IRR, the quoted provision should not apply," Aspe stressed.

"In this case, their applications must be processed, subject to certain documentary requirements, with no issue as to the number of days they have applied after their CDA registration."

If the CDA registration was dated from April 6, 2009 to June 15, 2010, the date of CTE application should be on or before August 15, 2010 while those issued June 16, 2010 onwards have within 60 days from date of registration to apply for a tax exemption.
"For CTE applications beyond the periods stated above, the provisions of Section 13 of the joint IRR shall be applied, Aspe ruled.

This means that late applicants shall be subjected to internal revenue taxes prior to the issuance of the CTE.

"However, they can apply for tax credit/refund of taxes previously paid from the date of registration with the CDA up to the issuance of the CTE, subject to the rules and procedures for processing tax credit/refund," the IRR added.

http://www.sunstar.com.ph/bacolod/business/2011/06/16/bir-explains-coops-tax-exemption-161423

Sunday, September 25, 2011

Cooperativism gains headway in Philippines

September 25, 2011, 8:00am

MANILA, Philippines — Cooperatives, whether they are groups of farmers, fishermen, vendors, or electricity users banding together for a common purpose, are people-centered organizations formed to benefit its members. They are government partners in the delivery of livelihood and micro-entrepreneurial activities geared to addressing the problems of illiteracy and poverty. They help alleviate the living conditions of members through marketing support, credit facilities, new technology, adult education, livelihood opportunities, and scholarships for children.

In the Philippines, cooperatives are registered with the Cooperative Development Authority, created by Republic Act 6939, and signed into law on March 10, 1990, to promote the viability and growth of cooperatives as instruments of equity, social justice and economic development. Cooperatives are based on the values of self-help, self-responsibility, equality, equity and solidarity. The members learn honesty, transparency, social responsibility and caring for others. The use of funds is for mutual, rather than individual, benefit.

Cooperativism in the Philippines started in the 19th Century when Filipino travellers to Europe, including the National Hero Dr. Jose P. Rizal, brought the idea of the economic movement to the country. While in exile in Dapitan, Dr. Rizal set up a school for the poor and a store on a cooperative basis.

Today, cooperatives are gaining momentum as vehicles for the economic empowerment of poor and rural Filipino workers. There are more than 20,00 registered cooperatives nationwide, and they help in the pursuit of people-oriented projects to benefit target beneficiaries, especially small farmers and fisherfolk.

It is hoped that given more government incentives as well as private sector support, the cooperative movement in the country will continue to flourish and make a difference in the lives of many Filipinos.

http://www.mb.com.ph/articles/335500/cooperativism-gains-headway-philippines

Tuesday, September 20, 2011

Strengthening Program for Cooperative Banks Approved

09.16.2011

The Monetary Board of the Bangko Sentral ng Pilipinas (Bangko Sentral) and the respective boards of the Philippine Deposit Insurance Corporation (PDIC) and the Land Bank of the Philippines (Land Bank) recently approved a coordinated incentive program designed to support the development of a stronger cooperative banking sector.  Dubbed as the Strengthening Program for Cooperative Banks (SPCB), the program encourages mergers, consolidations with or acquisitions of cooperative banks (CBs), particularly those that are capital deficient, by eligible Strategic Third Party Investors (STPIs) under a specific set of guidelines.  The program was conceived in close consultation with the cooperative sector and responds to the call by its Congressional representatives for more support to the sector.

Mergers, consolidations, management and acquisitions under this program are aimed at rationalizing the cooperative banking sector to bring about larger and stronger cooperative banks whose management, more solid capital position, and wider branch network would enable them to improve their services to cooperative members, deepen their reach into the countryside, mobilize savings, and spur lending activities in the unbanked and the underserved areas.  The SPCB offers a variety of incentives to cooperative banks and their partner STPIs, and these include targeted financial assistance to augment capital, credit facilities to support business expansion, and a package of regulatory relief.
 
The capital support component is to be made available through a financial assistance from the PDIC and the Land Bank.  Through the SPCB, surviving banks, which should be cooperative banks or banks at least 67% owned by cooperatives, are expected to have a much improved capital position with a networth of at least P100 million and a minimum risk-based capital adequacy ratio (RBCAR) of 15%, that will place them in a better position to expand their lending activities and provide a wider variety of innovative financial services especially catered to primary cooperatives and their members.
 
Equity will be infused by the PDIC and Land Bank into the STPIs to neutralize the potential adverse impact of asset write-downs that are essential to clean up the books and ensure that surviving banks are strong and capable.  Equity infusions will come in the form of perpetual, non-cumulative preferred shares, convertible to common shares at the end of 10 years.  An exit mechanism provides for the buy-out of government shares after 10 years.  In addition to equity infusion, credit facilities will also be made available by Land Bank to enable STPIs to further scale up their operations at an accelerated rate.

The complementary regulatory support package provided by the Bangko Sentral, on the other hand, would further enable the surviving banks to expand their operations.  The regulatory support package includes flexibility in the opening, conversion and relocation of bank offices, including head offices, flexibility in ownership limits, more liberal guidelines that would allow staggered booking of required valuation reserves, waiver of penalties as may be appropriate, and the restructuring of existing rediscounting and emergency loans with the Bangko Sentral.
   
The SPCB will run until August 2012.   Eligible STPIs may be cooperative banks, thrift banks, rural banks, primary cooperatives or federations of cooperatives provided such entities have a CAMELS rating of at least 3, are not under the Bangko Sentral's Prompt Corrective Action Framework and have not been cited by the Bangko Sentral or the PDIC to have engaged in any unsafe and unsound banking practice.  Where the STPI is a rural or thrift bank, the bank should also be at least 67% owned by cooperative banks, primary cooperatives and/or federation cooperatives.  In case the STPI are primary cooperatives or federations of cooperatives, a certification or endorsement of good standing from the Cooperative Development Authority will be required in addition to a proven good track record based on their audited financial statements.  To qualify for the SPCB, one or more eligible STPIs should merge or consolidate with or acquire one or more cooperative banks or those banks that are capital deficient.

As of 31 March 2011, there are 40 operating cooperative banks in the country with resources aggregating P15.9 billion.   While the assets of the cooperative banking sector accounts for only a small fraction of the assets of the entire banking system, it plays a vital role in the financial system since almost all of these 40 cooperative banks operate in the countryside, provide the much needed financial services to hundreds of primary and federation cooperatives and their individual members who usually face difficulties in accessing banking services.   The same cooperatives and the large number of their individual members are the stockholders or owners of cooperative banks.  Thus, there is much social benefit in revitalizing this particular segment of the banking system.
 
The SPCB is also not only about financial incentives.  Beyond mergers, consolidations or acquisitions, the eligible STPIs are also expected not only to sustain and continue to improve the capital base, but also to further strengthen the quality of corporate governance and management systems thereby making such banks that serve the cooperative sector truly  sustainable, viable and efficient.


The operating guidelines for the implementation of the program will be jointly issued soon by the Bangko Sentral, the PDIC and Land Bank. Already, even before the said guidelines are released, strong expressions of interest to participate in the program have been received from a number of players in the industry, indicating the   strong buy-in of the cooperative sector.   The SPCB is a clear manifestation of the recognition of the government, through the Bangko Sentral, the PDIC and Land Bank, of the important role that the cooperative banking sector plays in making our financial system stable and truly inclusive.

http://www.bsp.gov.ph/publications/media.asp?id=2687

Monday, September 5, 2011

Agencies propose fee hikes

Posted on September 04, 2011 11:47:04 PM
BY DIANE CLAIRE J. JIAO, Reporter

HIGHER FEES AND CHARGES have been proposed by government agencies to reflect current transaction costs, with the increases ranging from 20% to as high as 200%.

The planned adjustments -- currently involving 29 units -- are in line with a policy to shore up non-tax revenues, Finance Undersecretary Gil S. Beltran said on Friday.

“The increase in fees and charges will be in response to inflation since some agencies have not increased their prices since 1993,” Mr. Beltran said, adding that the department will also begin periodic reviews of rates charged by a total of 137 state agencies.

“We need the hike to recover the costs of materials used in the transaction, the salaries of the people who will process it and the budget of the office in charge,” he added.

Mr. Beltran claimed the expected revenue boost would allow the hiring of more personnel, making transactions more convenient and accessible.

Based on a Finance department memorandum obtained by BusinessWorld, the biggest adjustments have been proposed by the Bureau of Customs. The 50-200% increase for fees charged at the country’s ports was said to be needed as the last revision was made a decade ago.

The National Bureau of Investigation is also gunning for a 50% increase of fees that were last revised in 2000. The Bureau of Immigration, meanwhile, is considering a 30% hike, with its charges dating back to 1999.

The Professional Regulation Commission wants a 10-50% increase -- the last fee update was done in 2005, while the National Telecommunications Commission (NTC) and the Securities and Exchange Commission (SEC) are seeking a 20% adjustment to charges that were last revised in 2004.

“The NTC could increase the fees they charge telecommunication companies for licenses. The incorporation fees and the penalties of the SEC could rise too,” Mr. Beltran said.

End-users could also see a 20% increase in the fees charged by the Civil Aeronautics Board and the Games and Amusement Board, with fees last revised in 2001 and 2006, respectively.

Based on the Finance department memorandum, the other agencies that want fee increases but have not indicated a range are:

• the Department of Energy (last updated in 2004);

• Department of Environment and Natural Resources (last updated in 2000);

• Department of Social Welfare and Development (last updated in 2001);

• Philippine Overseas Construction Board (last updated in 2001);

• Board of Investments (last updated in 2000);

• Bureau of Trade Regulation and Consumer Protection (last updated in 2000);

• Bureau of Food and Drugs (last updated in 2005);

• National Statistics Office (last updated in 2001);

• National Archives of the Philippines (last updated in 2002);

• Commission on Higher Education (last updated in 2000);

• Land Transportation Franchising and Regulatory Board (last updated in 2002);

• Housing and Land Use Regulatory Board (last updated in 2004);

• Land Registration Authority (last updated in 2003);

• National Mapping and Resource Information Authority (last updated in 2005);

• Land Management Bureau (last updated in 1993);

• Protected Areas and Wildlife Bureau (last updated in 2004);

• Forest Management Bureau (last updated in 2004);

• Environmental Management Bureau (last updated in 2005);

• Mines and Geosciences Bureau (last updated in 2005);

• Cooperative Development Authority (last updated in 2004); and

• the Occupational Safety and Health Center (last update, 2001).

The proposals are currently being studied by the National Economic and Development Authority.

Mr. Beltran said fee increases that affect the country’s competitiveness, such as those affecting trade, could be turned down. Government agencies that serve the poor, such as public hospitals, will be exempted from the fee increases, he added.

The government is aiming to collect P63.1 billion from fees and charges this year. It has netted P36.7 billion as of the first semester, 40% higher than the P26.2 billion collected in the same period a year ago and also exceeding the P29.6 billion midyear target.

The proposed fee increases will bring in an estimated P4.15 billion yearly, the Finance department memorandum states.