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.

Maguindanao massacre on our mind

The media community in Cagayan de Oro. Photo from Froilan Gallardo’s FB

The 2009 Maguindanao massacre and the sad fact that justice continues to elude the victims were foremost in the minds of the delegates to the 9th Spectrum Fellowship National Campus Journalism conference held at Mambukal resort in Negros Occidental.

The Spectrum is the official student media corps of the University of St La Salle. There were about 60 participants in the conference coming not only from De La Salle but also from Far Eastern University, University of Sto. Tomas and University of San Agustin in Iloilo City.

They had an interesting range of topics. I came on the second day (Friday) and I caught up with the lectures of Ernie Sarmiento, formerly chief photographer of the Philippine Daily Inquirer, on photojournalism ethics, Philippine Star columnist Cito Beltran on opinion writing, GMA-7 (Iloilo)’s Rexcel Sorza on social media ethics, and RA Rivera on connecting through video.

I missed the talk the day earlier of Cagayan de Oro-based journalist Michael Barros and that of Manix Abrera on “Creating funny and relevant comics.”

Twenty-two year old Rob Cham’s presentation about giving the extra edge to online posts through graphic design was fun and interesting.

My talk was on investigative journalism.

One common message of all the speakers was honesty- being true to oneself.

Mendiola from Yuen Abana FB

Cito talked about the occupational hazards in practicing responsible journalism and one of them was incurring the ire of some people. He mentioned about death threats.

Touching on it in my talk, I said that journalists in Manila are much actually “safer” in the sense that if anything happens to them they have the national media to cover that. Politicians and government officials, who are usually subjects of the reports, would have second thoughts of harming them considering the backlash that it would generate.

That does not apply though to police reporters or journalists who write about criminal syndicates. They deal with persons who kill people like they do with chicken. Those people don’t send death threats. They just kill.

Despite talks about rampant corruption among community journalists, I still salute them for carrying on.

It’s a different environment in the provinces, where it is more intimate, and the chance of being accosted by the person you are taking to task on your way to work or while following up a story is very high, where your relatives are also their relatives.

The situation can get sticky. That’s what happened in many of the 153 cases of journalists killings since 1986, when press freedom was restored. Thirty-two of those killings happened after the Nov. 2009 Maguindanao massacre that shocked the world.

Red Batario of the Center for Community Journalism and Development wrote a stirring piece in remembrance of the of victims of the Maguindanao massacre. He explained why he chose to march from Quezon Rotonda to Mendiola last Friday instead of joining the discussion on media corruption while savoring the coolness of Tagaytay where the annual Media Nation was held.

Red wrote: “The massacre was a beast that nearly eviscerated the community press in that part of Mindanao, demonstrating in horrific detail the vulnerability of journalists who live and work in the provinces and who have often been, and still are, put to task for, among other things, suborning the practice of journalism. They are often portrayed as easy prey for blandishments of many kinds or willing participants in rent-seeking and rent-giving. Or that they are paid hacks of politicians and are bereft of any ethical norm or standard. This may be partly true but realities on the ground present a different picture and context of the vulnerabilities faced by community journalists.

Welcome Rotonda. From Jun Sepe’s FB

“But only they can tell with a certain amount of acuity and pathos the day-to-day challenges of practicing the craft in an environment that treats journalism and journalists as malleable avenues for advancing self interests…including media owners who consider reporters and staff as nothing but vassals.

“We at the Center for Community Journalism and Development cannot claim to represent them or to articulate their own thoughts and concerns. We can only provide them the opportunity, whenever and wherever it arises, and in this instance we had thought the coming of Media Nation9 would have given them that chance to tell their story and provide fresh insights in addressing those challenges.

“Their inability to participate in MN9 due to some logistical shortcomings puts into question the meeting’s priorities in terms of hearing a plurality of media voices especially from the community press, members of whom are often targets of violence. Because of corruption? Who knows? Only they can tell.

“While we have chosen to join the march to Mendiola for the commemoration of the 3rd anniversary of the Maguindanao Massacre, we bring with us also the hope that MN9 will send a strong message for all journalists, editors, reporters, staff, media owners, networks, publishing houses to seriously and squarely address issues that beset practitioners among which are economic security, personal safety, social welfare and professional standards the lack or absence of which leads to journalists’ vulnerability.

“Our call for an end to a culture of impunity is also a call for an end to media corruption. Our plea for justice for the victims of the Maguindanao massacre is a plea for a better understanding of the complex issues and challenges that beset community journalists in the Philippines.

“This is why we are in Mendiola and not in Tagaytay.”

Three years after, justice remains elusive to Maguindanao massacre victims

A most heinous crime

Talk of perfect timing.

Eleven days before the third anniversary of the Maguindanao massacre that killed 58 people, 32 of them members of media, the Supreme Court granted the petition of the primary accused – former mayor Andal “Unsay” Ampatuan, Jr to ban live broadcast of the trial.

It’s another step backward for transparency,an attribute of a working democracy.

Ampatuan told the high court that its June 2011 decision penned by then Associate Justice, now Ombudsman, Conchita Carpio-Morales live coverage of the trial deprived him of his rights to due process, equal protection, presumption of innocence, and to be shielded from degrading psychological punishment.

In reversing the Carpio-Morales- penned decision, the SC in a resolution released last Monday said:“While this court recognizes the freedom of the press and the right to public information, which by the way are rights that belong to non-direct parties to the case, the rights of the direct parties should not be forgotten. In a clash among these competing interests and in terms of the values the Constitution recognizes, jurisprudence makes it clear that the balance should always be weighed in favor of the accused.”

The court also said, “a camera that broadcasts the proceedings live on television has no place in a criminal trial because of its prejudicial effects on the rights of the accused individuals.”

Carpio-Morales set conditions on the live media coverage of the massacre trial among them were:

- There will be a single camera stationed inside the courtroom and all the other cameras will take its live feed from that camera so that SC-PIO will be putting a camera inside the courtroom and all other station whether TV or radio will be getting their live feed.

- The broadcasting of the proceedings for a particular day must be continuous in its entirety excepting such portions where the Rules of Court excludes broadcast.

- To provide a faithful and complete broadcast of the proceedings, no commercial break or any other gap shall be allowed until the day’s proceedings are adjourned except during period of recess called by the trial court and during portions of the proceedings where the public is ordered is excluded.

- The proceedings shall be broadcast without any voiceovers except brief annotations of scenes.

News reports said President Aquino was dismayed over the SC decision and Justice Secretary Leila de Lima said it was “bad development” in what is described as the “trial of the century in the Philippine justice system.”

The flip-flop is the latest of several “bad developments” besetting the quest for justice of the victims of the Maguindanao massacre.

Even while the Ampatuans are in jail, the murders still continue among those suspected to pin down the Ampatuans in the most heinous crime that humanity has experienced. One of them was Suwaib Uphamb, alyas Jessie. He was bodyguard of one of the Ampatuan relatives who participated in the mass murders. Jessie, himself, in an interview with media admitted having fired at and killed some of the 50 victims.

He was not admitted to the Witness Protection Program during the Arroyo administration. He was killed in a public market in Maguindanao in 2010.

The one who has escaped prosecution is Norie Unas, chief of staff of the former Maguindanao governor Andal Ampatuan Sr., who allegedly participated in the planning and cover-up of the massacre.

Unas was admitted in the Witness Protection Program to testify in the 2007 election fraud in the election sabotage case against Gloria Arroyo. So far, Unas has not directly implicated Arroyo.

Margarita “Tingting” Cojuangco , aunt of President Aquino and a senatorial candidate under the United Nationalist Alliance is reportedly lobbying for the dropping from the list of the accused some policemen who manned the checkpoint the day of the massacre.

After three long years, justice remains elusive for the victims of the Maguindanao massacre. Sad.