Tuesday, October 18, 2016

Lower power supply, higher rates seen with unresolved Malampaya tax issue



by Ben Rosario October 15, 2016

Unless the Commission on Audit (COA) and the Department of Energy (DOE) resolve the Malampaya gas project tax controversy, the public should expect lower power supply at higher rates.
Camarines Sur Rep. LRay Villafuerte issued the warning as he urged COA and DOE to get their act together to swiftly resolve the controversy in a manner that would benefit the public.
Villafuerte, vice chairman of the House Committee on Appropriations, said that besides threatening the stability of the country’s energy supply, the failure of the DOE and COA to immediately resolve the Malampaya tax issue could jack up electricity prices and further spook investors.
The former Camarines Sur governor was referring to the conflicting interpretation of the COA and DOE of Presidential Decree 87 and the deal covering the Malampaya gas project known as Service Contract 38 (SC 38).
“As correctly pointed out by the DOE, the COA ruling could lead to an ‘exodus’ of investors from the country’s power sector at a time when investments in this industry are badly needed in the face of critical power supply vis-a-vis our fast-growing energy requirements. We appeal to the COA and the DOE to resolve this issue immediately,” Villafuerte said.
In a ruling, COA stated that the income tax of the consortium handling the Malampaya project was deductible from the government’s 60 percent share of the gas field’s royalties.
Thus, the consortium members, which include Shell Philippines Exploration BV (SPEX), Chevron Malampaya Llc., and Philippine National Oil Co.-Exploration Corp. (PNOC-EC), should pay the government a whopping P151 billion in back taxes covering the years 2002 to 2016, the state audit agency stated.

The DOE disagreed
It said state auditors should consider the fact that government must honor the contracts of the Malampaya gas project in Palawan.
The DOE cited as bases PD 87 or the Oil Exploration and Development Act of 972 and PD 1459, which authorizes the energy secretary to enter into petroleum service contracts.
Villafuerte said failing to resolve the issue does not bode well for President Duterte’s 10-point socioeconomic agenda, in which one of the key goals is to increase the country’s competitiveness and the ease of doing business in order to attract foreign direct investments here.
As pointed out by industry players, dunning power generation companies for supposed back taxes could jack up electricity prices, a scenario that would hurt consumers and all the more vex investors long complaining about the Philippines having among the highest power rates in Asia.
Moreover, the COA’s recent ruling that the income tax payments are supposed to be over and above the government’s annual share from the Malampaya venture is the kind of business policy flip-flop that the investor community has also complained about in doing business in the Philippines, he added.
“Such public disagreements between government agencies won’t help at all in encouraging investments here. Continuity, predictability and consistency are what investors look for when exploring business prospects. Changing the rules in midstream is certainly not one of them,” said Villafuerte, who himself was a successful businessman before entering the field of politics in the early 2000’s.
Villafuerte recalled that President Duterte, in his inaugural address, ordered Cabinet secretaries and heads of agencies “to refrain from changing and bending the rules of government contracts, transactions and projects already approved and awaiting implementation.”
“While the COA is an independent institution, we strongly urge it to seriously ponder the far-reaching consequences of its adverse ruling on the Malampaya project and reconsider its decision,” Villafuerte said.
Villafuerte cited the statement made by Meralco executives that a shutdown of Malampaya’s gas field operations could lead to an energy shortage and trigger electricity rate hikes.

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