http://www.lawphil.net/statutes/repacts/ra1989/ra_6713_1989.html

http://www.chanrobles.com/republicactno3019.htm#REPUBLIC%20ACT%20NO.%203019

Your ‘new’ researches have all been previously linked to in a thread where your ‘colleague’ Primer discussed his glowing endorsement of his BF for President.

Your defense is most admirable. But you continue to refuse to see that Fernando’s admission of receiving the cash ‘gifts’ is part and parcel of the culbability being looked into and not simply the nature of the funds.

Hey are you guys not interested in BF HIMSELF BEING CLEARED BY THE RIGHT AGENCIES NOT THE GROUP THAT GAVE HIM THE ‘GIFT’?

For the absolute last time… check the law/s.

The MMFF executive committee ‘clearing him’ is likewise being probed.

Still and all…. look into the provisions of the two loaws covering this.

Best regards po.

MMDA chief cleared in filmfest fund misuse
Wed., 3Jun09

THE executive committee of the Metro Manila Film Festival (MMFF) has cleared Metropolitan Manila Development Authority (MMDA) Chairman Bayani Fernando of any wrongdoing in the alleged mismanagement of the filmfest funds.

Film Academy of the Philippines (FAP) chairman Esperidion Laxa, Solar Entertainment president Wilson Tieng, and National Cinema Association of the Philippines (NCAP) president Ric Camaligan said the cash gifts given to Fernando were private funds such as the P2 million given by the NBN Television Network.
“It was not taken from the MMFF revenues. It came from beneficiaries,” Laxa said adding that the cash gifts were in recognition of Fernando’s able statesmanship of the MMFF which resulted in increased income for the annual filmfest.

For his part, Camaligan pointed out that the approval of the cash gifts was deliberated and discussed upon prior to approval by the executive committee.

As to the reported decreasing share of various MMFF beneficiaries, Camaligan said this was due to the continuous reduction of amusement taxes by the local government units as the filmfest gets its income from the taxes.

He also pointed to the increase in the MMFF beneficiaries and the problem of piracy as another factor.

The MMDA is managing the yearly MMFF by virtue of a law passed during the Marcos administration.

The festival, which runs from the 25th of December to the first week of January, focuses on locally-produced films.

The MMFF earnings is divided into: Mowelfund (35 percent), Film Academy of the Philippines (10 percent), Motion Picture Anti-Film Piracy Council (five percent), Optical Media Board (five percent), Film Development Council of the Philippines (five percent), and the President Social Fund (35 percent).

Last year, movie director Leo Martinez told a Senate hearing spearheaded by the committee on mass media chaired by Ramon Revilla Jr. that the gross income of the festival has been increasing but that the share of beneficiaries has been decreasing.

Martinez said that from 1986 to 2000, the MMDA gave beneficiaries from nine to 11 percent of the gross income but in 2005, the beneficiaries got only four percent and three percent in 2006.

Boots Anson Roa, also a member of the filmfest executive committee, said Mowelfund has recognized the “invaluable contribution” of Fernando to the dying local movie industry.

Other members of the executive committee also said they find the allegations against the MMDA chief “unfair, unfounded, and without any legal basis.”

“The truth of the matter is that in the calendar year 2002-2003, there was a remarkable increase in income derived from the MMFF, more than double the amount of the recorded gross revenue in the previous years,” they said.

In that period, the filmfest income increased from P147 million to P315 million.

According to the executive committee, “this notable success of the festival came under the leadership of Chairman Bayani F. Fernando.”

It further explained that the decision to grant such amounts to Fernando’s favorite charities in relation to his contributions to the MMFF was arrived at after a consensus of the executive committee and done in his absence and without his knowledge. (AH/Sunnex)

What mismanagement of MMFF funds? – Bayani
05/12/2009 | 09:39 AM

MANILA, Philippines – Metropolitan Manila Development Authority (MMDA) chairman Bayani Fernando belied Tuesday claims by Senate President Pro Tempore Jose “Jinggoy” Estrada that he had misused funds of the Metro Manila Film Festival (MMFF).

In a radio interview, Fernando also said Estrada may have raised the issue because he wanted management of MMFF funds to go to his Movie Workers Welfare Fund (Mowelfund).

“Wala akong nalalamang mismanagement diyan. Taun-taon lumalaki pa ang kinikita ng film festival sa kabila ng lumiliit ang taxes. Napakalaking oras inuubos ko sa film fest [I cannot recall any mismanagement of MMFF funds. Every year, the Film Festival sees a rise in earnings, despite lower taxes],” he said in an interview on dzXL radio.

He also voiced suspicions Estrada raised the issue because he wants Mowelfund, which his father former President Joseph Estrada helped found, to handle the MMFF and its funds.

But he said the MMFF funds are under the management of the MMDA by virtue of the law as early as the Marcos administration.

“Baka yan ang motibo niya, gusto niya hawakan ang pamamahala nito. Ang problema, sa batas yan. Ang MMFF may EO yan noon pa panahon ng Pangulong Marcos, tinatadhana ang mangangasiwa ang chairman ng MMDA [Perhaps that is his motive for seeking the investigation. He wants to get his hands on the MMFF funds. But the problem is, a Marcos executive order already puts the management of MMFF funds in the MMDA chairman’s hands],” he said.

“Ngayon palagay ko, kaya niya sinisilip gusto niyang sila mamahala sa festival na yan [I think he is bringing up the issue now because he wants to handle that festival],” he added.

Fernando said he will let go of the MMFF in his capacity as MMDA chairman only when he resigns to run for President in 2010.

“Automatic yan. Pag ako nag-file ng candidacy for president bibitiwan ko yan automatically [It’s automatic. Once I file my candidacy for president I’ll let go of that post],” he said.

Estrada cited reports reaching the office that Fernando “gifted” himself during his birthdays with “cash,” at least on three occasions, which amounted to an estimated P1.1 million.

There were also purported questionable expenses by the MMDA chairman, where MMFF funds were used in the amounts of P1.9 million and P3.5 million sometime in 2003, the senator said. – GMANews.TV

But if you read the law along with decided graft cases you will lesarn that public officials are prohibited by law from accepting/receiving any gift/s of excessive value (P3,000 being the threshold).

Erap himself was found guilty of plunder for his admission of the jueteng monies despite his claim that it did not come from public coffers.

You are free to believe what you want, hey even vote for BF.

Let’s see each other as HIS inauguration. :D

Be well…..

to open your mind’s eye.