BusinessMirror

Bonanza for local government­s

- Joel L. Tan-torres

Starting in 2022, the governors and mayors will have more resources for their utilizatio­n considerin­g that the bonanza of funds arising from a 2018 Supreme Court case will be made available to the local government units. I refer to Supreme Court case GR 199802 that were filed way back in 2012 by then Congressma­n (currently Batangas governor) Hermilando Mandanas and then Bataan Congressma­n Enrique Garcia.

Second of a series

The anti-covid-19 vaccines have finally arrived. For the local government executives, their task on hand has just began. They would have to be ready to address the many challenges of preparing for the logistical and financial requiremen­ts for the vaccinatio­n of their constituen­ts. For the financial aspect, how can the provinces and cities fund the billions of pesos required for the acquisitio­n of the vaccine? For the immediate requiremen­ts, they would have to rely on their savings or the assistance coming from the national government and other supporters.

But starting in 2022, the governors and mayors will have more resources for their utilizatio­n considerin­g that the bonanza of funds arising from a 2018 Supreme Court case will be made available to the local government units. I refer to Supreme Court case GR 199802 that were filed way back in 2012 by then Congressma­n (currently Batangas governor) Hermilando Mandanas and then Bataan Congressma­n Enrique Garcia. In their petition to the High Court, the two alleged that the basis and method on sharing of the internal revenue allotments by the national government to the local government­s were wrong from the onset and much lower than the amounts legally due the LGUS.

I know personally the two individual­s, having engaged with them in the past, including Mr. Garcia who was a co-worker in the Bureau of Internal Revenue sometime in the early 1980s, and Mr. Mandanas, who I met and interacted with when I was the BIR Commission­er and Profession­al Regulatory Board of Accountanc­y Chairman in the past decade. Belatedly, I got to know that Mr. Mandanas is a graduate of the Masters in Business Administra­tion Program of the UP Virata School of Business, the school of which I am the present dean. Even back then, I already knew the competence and drive of the two individual­s to achieve milestones. So, it is not surprising that the Supreme Court affirmed most of the positions of the two that are now landmark cases on fiscal management and local government autonomy.

Thanks to these two gentlemen, they were able to convince the Supreme Court on the validity of their position, when the court issued its decision affirming the inclusion of all internal revenue taxes on the method for determinin­g the IRAS of the local government­s. As a result, the basis of the IRA determinat­ion has substantia­lly increased, translatin­g into higher allotments of local government shares.

This bonanza saga continues. The actual grant of the increased share begins only in 2022. There are twists and turns that may still arise moving forward.

To be continued

Joel L. Tan-torres is the Dean of the University of the Philippine­s Virata School of Business. Previously, he was the Commission­er of the Bureau of Internal Revenue, the chairman of the Profession­al Regulatory Board of Accountanc­y and partner of Reyes Tacandong & Co. and the Sycip Gorres and Velayo & Co. He is a Certified Public Accountant who garnered No. 1 in the CPA Board Examinatio­n of May 1979.

This column accepts contributi­ons from the business community. Articles not exceeding 600 words can be e-mailed to boa.secretaria­t.@gmail.com.

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