Business World

B. SHARED POWERS

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Section 4 says “Powers not exclusivel­y given to either the Federal Government or to the Federated Regions are shared powers… can be exercised jointly or separately. In case of dispute or conflict in their exercise, the federal power shall prevail.”

This refers to current functions by 10 Department­s: CHEd, DA, DAR, DENR, DoE, DoH, DoLE, DoTr, DSWD, DILG-PNP. Also two constituti­onal bodies CoA and CSC. The implicatio­n then is that there will be 19 Department­s of Agricultur­e, one federal and 18 state department­s; 19 DAR, 19 DENR, 19 CoA, etc. This will cost a huge amount of taxpayer money to maintain.

Various government corporatio­ns under these agencies like DoE’s NPC, NEA, and PSALM very likely will remain under the Federal government.

C. EXCLUSIVE TAXATION POWERS BY THE STATES

Under Article XIII, Fiscal Powers and Financial Administra­tion, Section 2, the state government­s have the power to levy and collect the following taxes, licenses and fees, meaning they will be removed from the national/ federal government’s taxation powers:

“(a) Real Property Tax; ( b) Estate Tax; (c) Donor’s Tax; (d) Documentar­y Stamp Tax; (e) Profession­al Tax; (f) Franchise Tax; ( g) Games and Amusement Tax; ( h) Environmen­tal Tax, Pollution Tax, and similar taxes; (i) Road Users Tax; ( j) Vehicle Registrati­on Fees; ( k) Transport Franchise Fees; and (l) Local taxes and other taxes which may be granted by federal law.”

So by implicatio­n, the federal government will retain exclusive taxation powers over income tax (personal and corporate), excise, VAT, customs duties.

But the states will get “not less than fifty percent (50%) of all the collected taxes on income, excise, VAT, and customs duties, which shall be equally divided among them and automatica­lly released.”

The federalism agenda of the Duterte administra­tion therefore, is a dangerous, interventi­onist, tax- hungry scheme whose main purpose is to spur more political developmen­t, not economic developmen­t.

A big manufactur­ing plant or similar facility must secure a barangay

Businesses may be prompted to secure more permits and pay more taxes.

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