ABS CBN, in the service of the YELLOWS

marcoleta play ball

ABS-CBN, in the ‘service of yellows’

The Daily Tribune

May 26, 2020

Rep. Rodante Marcoleta claims ABS-CBN has not been paying the correct taxes, with zero payment in 2018, while its rival GMA-7 pays billions of pesos each year.

ABS-CBN has been using its TV and radio clout to get its favored candidates elected, claimed Rep. Rodante Marcoleta.

ABS-CBN might as well change its station slogan, “In the service of Filipinos worldwide.”

This as a congressman on Tuesday slammed the network for allegedly exhibiting bias in favor of former President Benigno “Noynoy” Aquino III, Vice President Maria Leonor “Leni” Robredo and Senator Grace Poe when they ran for the presidency in previous elections.

SAGIP Party-list Rep. Rodante Marcoleta took to task the shuttered television and radio station during the joint panel hearing by the House of Representatives over its alleged partisanship instead of practicing fair and objective broadcasting.

“ABS CBN has been biased and partisan in favor of particular candidates and against certain candidates during the 2010, and 2016 presidential candidates, contrary to the terms of its franchise and in violation of the omnibus election code.”

“Hindi naman lingid sa kaalaman ng marami, kung hindi man lahat, kung paano naging pro-Noynoy Aquino ang ABS-CBN nung 2010 at pro-Grace Poe at pro-Leni Robredo naman nung 2016,” Marcoleta, a Deputy Speaker, said.

(It’s known to many, if not to all people, how pro-Noynoy Aquino was ABS-CBN in 2010 and pro-Grace Poe and pro-Lenu Robredo in 2016.)

Marcoleta, who was requested by the House leadership to speak on behalf of those against the ABS-CBN franchise application, cited as example the non-airing by the network of President Rodrigo Roa Duterte’s political advertisements already paid during the 2016 presidential election.

Likewise, Marcoleta said only a temporary restraining order issued by a court stopped ABS-CBN from airing negative advertisements paid for by a senator on the eve of the end of the campaign period.

The lawmaker said ABS-CBN should not get a new franchise to broadcast so it can be stopped from meddling in politics, adding in Filipino, “it’s time the people choose their leaders and not those chosen by ABS-CBN.”

Addressing ABS-CBN, Marcoleta said, “You are a broadcasting company, not a political kingmaker, either you play ball or you play fair.” He also urged the network to answer the allegations against it, instead of resorting to “emotional appeal.”

ABS-CBN, he said, violated the terms and conditions of its franchise by offering multiple channels in one franchise through its TV Plus boxes, without permission from Congress or the National Telecommunications Commission.

The network was also accused of violating its franchise by engaging in tax avoidance schemes.

According to the data which Marcoleta presented, GMA-7 paid Php 1.09 billion in taxes in 2017 whole for that same year ABS-CBN paid only Php 421 million.

GMA paying billions

While claiming to be the country’s top broadcast network in 2018, ABS-CBN avoided paying taxes that same year by asserting it has a negative income tax in the amount of Php 84 million. That same year, its rival GMA-7 paid Php 1.08 billion in taxes, Marcoleta said.

ABS-CBN also eluded paying the correct taxes in 2019 by paying only Php 152 million or 40 percent of watered-down tax liability by entering into a compromise agreement with the Bureau of Internal Revenue, the lawmaker said. GMA7, for its part, paid Php 1 billion in taxes that same year.

Marcoleta also cited allegations that the ABS-CBN Lingkod Kapamilya Foundation Incorporated (ALKFI) — an organization under ABS-CBN which facilitates the network’s social development program is being used as tax shield of the firm. He claimed that the ALKFI failed to file a donors’ tax.

Said Marcoleta in Filipino: “This is saddening my countrymen. When a politician or government official does charity work, ‘epal’ (limelight hog) is what ABS-CBN calls him. But when it’s from Lingkod Kapamilya, ABS-CBN’s name is glorified. But we all know that the funds they use are from donors.”

Marcoleta said the firm should have done charity works while complying with the law and paying the correct taxes.

Further in his speech, he said the grant of a legislative franchise is a privilege and not a right as he appealed to his colleagues not to grant ABS-CBN franchise.

“It is but right for the House of Representatives to deny this time the franchise of ABS-CBN for flagrantly violating the constitution and related laws even its own franchise making it unworthy of the grant of this special privilege by the state.”

A day after ABS-CBN’s franchise expired on 04 May, 2020, the NTC issued a cease-and-desist order (CDO) against the network on the advise of the Solicitor General that the grant of provisional authority to operate to the network while its franchise application is being tackled by Congress is illegal.

The network has filed a case against the NTC before the Supreme Court (SC) while praying for the issuance of a temporary restraining order against the CDO.

ABS CBN – TAX EVASION (2018 lugi daw, wala nang binayad, nakakuha pa ng 84 MILYONG PISONG TAX CREDIT) ayon kay Marcoleta, habang ang GMA 7 nakapagbayad ng lagpas 1 BILYONG PISO sa BAWAT TAON ng 2017, 2018 at 2019

abs gma tax

Sa Pilipinas, drama lang ang dimandahan hinggil sa ilang mga kaso kaugnay ng buwis. Kailangan ihabla ang KASABWAT na kumpanya para maumpisahan ang proseso ng COMPROMISE kung saan nabibigyan ng kapangyarihan ang Kagawaran na makipagusap at makipagareglo sa tiwaling kumpanya. Dahil sa tinatawag na DISCRETIONARY nature o walang istriktong paraan kung papaano makukuha ang halaga ng dapat ibayad, nagkakaroon ng BUTAS o LOOPHOLE para pababain ang babayarang buwis kapalit naman ng FOR THE BOYS.

TAX EVASION at TAX AVOIDANCE ay mga paraan para makalusot sa pagbayad ng malaking buwis. Pansinin ninyo na nuong 2018, nagsabi ang ABS CBN na NALUGI daw sila kaya imbes na magbayad ay nakakuha pa sila ng TAX CREDIT (na maaaring gamiting pambayad sa susunod na mga taon) ayon kay Cong Marcoleta. Kapag malaki naman ang kita nila, hindi sila magbabayad at iintayin na idemanda sila ng BIR at alam nila na magkakaroon ng usapan o mekanismo na tinatawag na COMPROMISE kung saan, ayon kay Marcoleta, 40% of the total ang naging katanggaptanggap sa magkabilang panig, Kapamilya at BIR. Ang sasabihin ng BIR ay pumayag na sila sapagkat gusto nila iwasan ang mahabang proseso namapupunta sa korte. ANG LAGAY, everybody (ABSCBN at BIR) happy. TAUMBAYAN ang nawalan.

Paulitulit na sinasabi ng ABS CBN na binigyan daw sila ng clearance na wala silang utang na buwis sa BIR. Maaring totoo yon kasi nga NAGKAAREGLUHAN na. Sa pinakitang mga pigura ni Marcoleta, lalo pa ay pinaghambing sa binayad ng GMA 7, ang PUBLIKO na ang magtatanong kung bakit nagkaroon na KAHINAHINALANG pagbayad nuong 2017 at 2019 at ang HINDI PAGBAYAD nuong 2018. May nakuha pang TAX CREDIT. Wow. Ang galing.