PH slips 7 pts again in 2013 World Press Freedom Index

The PHILIPPINES did it again — slipped 7 points but this time, in a global index of media freedom and freedom of information.

The country’s ranking in the 2013 World Press Freedom Index dropped in rank from 140 in 2012 to 147 in the latest report that covers 179 nations of the world.

Released today, Wednesday, by Reporters Without Borders (Reporters Sans Frontieres) the Index placed the Philippines in the “red” zone of nations where the state of media freedom and freedom of information stand significant improvement.

The Philippines came ahead of countries that all, except for Burma, scored lower in the 2013 Index. These are Russia, Singapore, Iraq, Burma, Gambia, Mexico, Turkey, Swaziland, and Azerbaijan that were ranked No. 148 to 156.

However, the Philippines just trailed nations, some newer and weaker democracies, in the latest Index, notably India, Oman, DR Congo, Cambodia, Bangladesh Malaysia, and Palestine that were ranked No. 141 to 146 in the latest Index.

Thailand landed at No. 138, and Indonesia, No. 141, although both had launched their reformasi and democratization movements years after the EDSA people power revolt of 1986 in the Philippines.

In the 2013 Press Freedom Index, Reporters Without Borders said it was publishing for the first time an annual global “indicator” of worldwide media freedom.

“This new analytic tool measures the overall level of freedom of information in the world and the performance of the world’s governments in their entirety as regards this key freedom,” it said.
“In view of the emergence of new technologies and the interdependence of governments and peoples, the freedom to produce and circulate news and information needs to be evaluated at the planetary as well as national level. Today, in 2013, the media freedom “indicator” stands at 3395, a point of reference for the years to come.”

The indicator can also be broken down by region and, it added, “by means of weighting based on the population of each region, can be used to produce a score from zero to 100 in which zero represents total respect for media freedom. This produces a score of 17.5 for Europe, 30.0 for the Americas, 34.3 for Africa, 42.2 for Asia-Pacific and 45.3 for the former Soviet republics.”

However, “despite the Arab springs, the Middle East and North Africa region comes last with 48.5.”

The year 2012 was “the deadliest year ever registered by Reporters Without Borders in its annual roundup,” citing “the high number of journalists and netizens killed in the course of their work.” This factor “naturally had a significant impact on the ranking of the countries where these murders took place, above all Somalia (175th, -11), Syria (176th, 0), Mexico (153rd, -4) and Pakistan (159th, -8).”

Founded in France in 1985 by four journalists, and registered in 1995 as a non-profit organization, Reporters Without Borders has correspondents in 150 countries of the world today.

Its statement of purpose declares that, “freedom of expression and of information will always be the world’s most important freedom.”

On its official website, the group says: “If journalists were not free to report the facts, denounce abuses and alert the public, how would we resist the problem of children-soldiers, defend women’s rights, or preserve our environment? In some countries, torturers stop their atrocious deeds as soon as they are mentioned in the media. In others, corrupt politicians abandon their illegal habits when investigative journalists publish compromising details about their activities. Still elsewhere, massacres are prevented when the international media focuses its attention and cameras on events.”

“Freedom of information is the foundation of any democracy. Yet almost half of the world’s population is still denied it,” it adds.

The 2013 Index did not offer a specific section on the state of media freedom in the Philippines. However, in its 2011-12 Index, Reporters Without Borders ranked the Philippines No. 140 (out of 179 countries surveyed), noting that, “the (Aquino) government that took over in July 2010 has not yet responded effectively to the media’s problems.”

Last year’s Index averred that, “threats and violence against local radio station hosts (including physical attacks and murders) and the culture of impunity represent the biggest obstacles to media freedom.”

Paramilitary groups and privately-owned militias, which were included in the 2011 list of Predators of Press Freedom, “have been implicated in most of the attacks on journalists since democracy was restored in 1986,” the group said. “Corruption facilitates the impunity enjoyed by those responsible for violence against journalists. Politicians maintain links with criminal networks. The judicial system is not sufficiently independent.”

According to the 2012 Index, “difficulty accessing information, self-censorship and journalists’ low pay also pose serious problems for the independence of newspapers, which are often influenced or controlled by powerful business and political interests.”

The group had lamented that, “the trial of 96 people accused of planning and carrying out the 23 November 2009 massacre in Maguindanao province, in which 32 journalists were killed, has been under way for more than a year without anyone being convicted yet.”

Reporters Without Borders also noted the opposition to the right of reply bill pending in Congress that media organizations have called an “act of terrorism against the media,” as well as “the revised criminal code and the witness protection program constitute obstacles to media freedom and give the authorities the power to silence undesired voices.”

In the Philippines, “the environment for journalists is marked by fear and violence,” the 2011-12 report said. “The prevailing impunity, particularly on the island of Mindanao, one of the world’s most dangerous regions for journalists, is holding back the process of improving the media freedom situation and the right to information.”

Last year’s Index stressed that President Aquino had promised during a meeting in August 2010 with the Freedom Fund for Filipino Journalists the National Union of Journalists of the Philippines to take the “necessary concrete measures” to stop the killings.

BIR files charges vs. another Ampatuan lawyer

THE BUREAU OF INTERNAL REVENUE slapped yet another lawyer linked to the controversial Ampautan clan with tax evasion charges, the second such lawyer to be charged for the same offence in just two months.

Internal Revenue Commissioner Kim Henares identified the lawyer as Atty. Redemberto R. Villanueva, who was found by the BIR to have a total tax liability of P 37 million pesos for the years 2010 and 2011.

Key to the tax case against Villanueva is his purchase of a large house in ritzy Dasmarinas Village, Makati for P 58.47 million in 2010, Henares said. Henares said the BIR finds it strange that Villanueva could afford to buy such a house when he only paid P110,788 in income taxes for the same year. Henares said the income tax that Villanueva paid for that year was far out of proportion to the amount of money he spent for the purchase of the house in Dasmarinas.

“We looked at the expenditure method,” Henares said. “If you have all that money to spend, then you generated an income for that year.”

Interestingly, the house in question has been placed under a provisional asset preservation order or PAPO by a Manila court, after it was included by the Anti Money Laundering Council as among the assets allegedly belonging to former Autonomous Region in Muslim Mindanao Governor Zaldy Ampatuan, who is one of the accused in the 2009 Maguindanao Massacre.

zaldy house

The AMLC claims that the Dasmarinas property is one of at least 162 properties illegally acquired by members of the Ampatuan clan using government funds. The AMLC had also filed a forfeiture case against other assets in the name of Atty. Villanueva, in the belief that Villanueva was holding these assets for Zaldy Ampatuan.

Sources of the Philippine Center for Investigative Journalism had also revealed that the Dasmarinas property was regularly used by Zaldy Ampatuan whenever he traveled to Manila.

In addition to the Dasmarinas property, Henares said Villanueva purchased a parking slot for the Eisenhower condominium in San Juan for half a million pesos in 2010. This was unusual, since Villanueva would not buy a condominium unit in the same building until the next year, Henares said. It was only in 2011 when Villanueva would buy a condo unit in Eisenhower for P2.56 million.

Also in 2011, Villanueva bought another property in Eastwood Lafayette for P 2.62 million. Yet while he had the money to purchase these two condominium units, Villanueva would only pay income tax of P 3,723 for that same year, Henares said.

All in all, Villanueva has  a tax liability of P 36.93 million for those two years, she added.

Henares said that the BIR was not targetting Ampatuan lawyers, as the Bureau is not even certain if Villanueva is representing the Ampatuans in any of the court cases. However, she acknowledged that the investigation into Villanueva was triggered by reports that he was responsible for purchasing the Dasmarinas house for the Ampatuans.

“That was what triggered the investigation, that it was his (Ampatuan’s) house, and that there was a sale, and a sale was made to the lawyer,” Henares said. “Pag nagbayad naman ng tamang buwis ang abugado, wala namang problema. Ang problema, pag hindi nagrereport ng tamang income na sapat para bilhin ang bahay na ito.”

(If the lawyer had only paid the right taxes, there wouldn’t be a problem. The problem is that he did not report the correct income sufficient to make the purchase.)

Villanueva was the second lawyer linked to the Ampatuans to be charged for tax evasion by the BIR.

Earlier in December, the BIR also filed tax evasion charges against Atty. Arnel Manaloto after it found that the income taxes paid by Manaloto were inconsistent with his purchase of 8 properties previously owned by former Datu Unsay Mayor Andal Ampatuan Junior. The PCIJ earlier reported that Manaloto purchased the eight properties from Andal Jr for P 20 million.

Manaloto is a lawyer for Andal Jr. in some of his cases. More interestingly, the eight properties in question were to have been the subject of a civil forfeiture case by the government – until Manaloto bought them from his client.

BIR files P28-M tax evasion case vs lawyer in Ampatuan assets sale

THE BUREAU of Internal Revenue on Thursday filed a P28-million tax evasion complaint against a lawyer of Andal Ampatuan Jr., a principal accused in the Maguindanao Massacre case.

Last week, the Philippine Center for Investigative Journalism, in a report by Multimedia Director Ed Lingao, exposed that Atty. Arnel C. Manaloto had acquired eight big real properties of Andal Jr. in Davao City, in May 2011.

Certified true copies of the transfer certificate titles on the properties obtained by the PCIJ showed that Manaloto purchased the properties for only P20 million.

The P27.56-million tax evasion case against Manaloto — for taxes due, interest, surcharges, and value-added tax liability — for the year 2011 was apparently triggered by a two-part PCIJ investigative report on the wealth, and lingering hold on political and economic power, of the Ampatuan clan, three years after the Nov. 23, 2009 massacre.

The PCIJ’s Ed Lingao also produced a documantary, Lipat-Bahay, on the wealth of the Ampatuans, which aired last week on GMANewsTV.

The Ampatuan patriarch and scions are principal respondents in the Maguindanao Massacre case now pending before a Quezon City court. Fifty-eight people, including 32 media workers, died in the carnage, the worst case of election-related violence in Philippine history.

Three years hence, at least 72 candidates with Ampatuan for surname and middle name are running in the May 2013 elections. Among them are nine candidates under President Benigno Aquino’s Liberal Party, and 34 others under the United Nationalist Alliance of Vice Presiodent Jejomar Binay and former President Joseph Estrada.

At a press conference on Thursday, Commissioner Kim Henares of the Bureau of Internal Revenue said Manaloto failed to supply correct and accurate information in his income tax return, and failed to pay value-added tax for the year 2011.

A resident of Angeles City in Pampanga, Manaloto passed the bar only in 2005. He served briefly on the legal staff of former Pampanga Governor Ed Panlilio.

Apart from Manaloto, the BIR also charged Erwin Carreon, a certified public accountant who examined and audited the books of accounts and other accounting records of Manaloto for 2011.

Henares said the BIR’s investigation showed that in 2011, the year Manaloto bought Andal Jr.’s properties, Manaloto declared a total income of only P1.495 million.

This evident underdeclaration of income was a “deliberate ploy to avoid having to register as a VAT taxpayer,” Henares said.

The BIR’s investigation also showed that Manaloto earned P37.97 million in revenues in 2011, but was not a registered VAT taxpayer, and did not pay VAT on his revenues.