Senator wants to limit oil companies' profits

TopGear.com.ph Philippine Car News - Solon wants to limit oil companies’ profit

With the unabated fluctuation of oil prices in the Philippine market, Sen. Antonio Trillanes IV wants a bill to be passed that would not only limit the profits of petroleum companies but also tax the latter's excess profit.

"With the oil prices continuously increasing almost on a weekly basis, the government is virtually helpless in checking the apparent abuses of petroleum industry players in increasing and in refusing to decrease prices of petroleum products even when warranted by market forces," said Trillanes. "This is aggravated by the lack of transparency in the formula used by petroleum companies in order to arrive at their prices."

Based on Senate Bill 2529 filed by Trillanes, the profits of the oil companies will be limited to just 12 percent of their paid-up capital per year. For revenues that would exceed the 12-percent limit, a windfall profit tax will be slapped on the oil companies at rates that depend on the excess profit.

"The imposition of such is a mode of recouping the excess profits of these companies at the expense of the public and redistributing the said excess profits to the public in the form of public services," Trillanes explained. “I believe that this measure will moderate the greed of petroleum companies and provide much-needed relief to our overburdened citizens."

Trillanes's bill comes after Department of Energy Secretary Jose Almendras appealed for Congress to pass a price control law that will set an acceptable level of profits for petroleum companies. Almendras's plea came after leaders of the transport industry accused the oil companies of taking advantage of the tense situation in the Middle East to rake in excessive profits.

Trillanes for President in 2016?

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  • tidus1203 Jan 31 2012 @ 11:52am
    Another st*p*d proposal from the left wing senator. Hindering capitalists from making money will make them flee. Lost jobs, lost tax revenue eventually. Why do these idiots get elected anyway?
    • reggie_arki Jan 31 2012 @ 05:35pm
      bcos this pple they dont want profit, they dont want tax, they dont want jobs even they are asking for jobs? so which they st*p*d pple
  • ashek268 Jan 31 2012 @ 12:35pm
    Grow up Senator Trillanes! Don't waste our time. Go back to Mindanao! You're better off there!
  • 17Sphynx17 Jan 31 2012 @ 01:25pm
    People must understand that we do not "produce" oil but merely import it. Hence, the oil prices are affected by the following factors:

    1. Purchase/Acquisition Costs of the Oil (includes but is not limited to market value of oil, currency fluctuations and futures market)
    2. Shipping Costs and relevant taxes (outbound/inbound)
    3. Processing & Operational Costs (fuel, electricity and water consumption to name a few)
    4. Maintenance Costs (repair of equipments/vehicles)
    5. Infrastructure Costs (service stations, pipelines etc)

    Now say we limit it to 12% profit? Then everyone's prices would be practically the same at 12% profit, there is then no need for multiple oil companies.

    What we should avoid is a false sense of open and free market for oil companies and then suddenly be faced with a pricing scheme regulated between the oil companies so that their retail value is always similar/the same. (A sample is how LCD manufacturers controlled LCD prices so that they could reap hefty profits).

    But to suddenly go and limit profit for the sake of saying "you are doing something" is wrong. How do we go about upgrading then from Euro 2 to Euro 5? Developing/importing technoligies to support infrastructure on new green energies such as hydrogen/ethanol if in case these become the norm? Who then should shoulder the costs? Is that 12% Going to cut it or will the government hand out the cash for free?

    If we limit it to 12% as dictated, what if these companies then cry against compliance to meet global standards for clean emissions/fuels? It goes around and bites you for imposing control without thinking ahead.

    Why not simply try and look at removal/reduction of e-VAT against fuel? Instead of 12, can we go with 6%? I know we cannot completely remove it because the government is dependent on the funds received from it to its operations/finances, but if we reduce it, will that cripple to government?

    Just a thought. Remember, businesses are meant to earn. If they can not earn, they why go into business? Will the government step in to operate every single one of these service stations and the equipments and deal with imports, etc if all these companies suddenly opt to stop?

    Do you guys even know how much a service station earn per liter when you top up? I heard from a station owner/operator it was about 1 peso per liter! Each vehicle approximately tops up about 30 -40 liters @ full tank. At just 1000 pesos worth of fuel, they could just be earning about 20 pesos if it is diesel, about 18 pesos if it is unleaded.

    So how do we go about paying for costs of operations alone of paying salaries, elec and water consumption of the service station? Would people be open to a self service type of arrangement for gas station? Problem then would be, can majority of people be able to operate these self service type terminals using credit cards to reduce the overhead costs of the stations? How about then for those without credit cards? They are all stuck to the pumps nearest the cashier/convenience store and we will have a very long line, quite possibly, along those pumps.
  • ashtonmartin23 Jan 31 2012 @ 01:59pm
    maganda na yan kesa naman sa mga nakaupo nga wala naman magawa para sa bayan.. meron ding nagka lakas ng loob para kumilos,hindi puro reklamo wala naman ginagawa.
  • Restomodz Jan 31 2012 @ 02:08pm
    @17Sphynx17 - Good explanation. I bet you are a researcher. But I think there is another attention from Trillanes why he filed the Senate Bill 2529. Of course if I were the Oil company owner I will take the bill as a hindrance for the success of my company. Then to make Trillanes defer or rescind the Senate Bill owner will surely paid personally (you can call it "under the table") or may be supporting Trillanes soldier in what ever will they do at future Mutiny. Hehehe... this is only my perspective. PEACE :)
    • gogogo Jan 31 2012 @ 09:57pm
      sa tingin ko rin may hidden agenda si trillanes. posible yan point mo kasi siya ang pinaka mahirap na senador ngayon kaya kailangan niya kumita. so iipitin niya yung mga malalaki kumita. lol!
  • crazyboy88 Jan 31 2012 @ 03:04pm
    st*p*d law by a st*p*d senator. Anybody agreeing with this should first read the fundamental laws of economics and then you will realize how bad this is going to affect our economy.
    FYI putting a ceiling on profit based on capital is st*p*d beyond measure, since it will mean that companies won't earn anything which will lead cutting of expense, ergo jobs.
    GO UNEMPLOYMENT!
  • japster_13 Jan 31 2012 @ 03:19pm
    haynako itong trillanes nato tlga.. kung wala kang masabing maganda, manahimik ka nalang kesa naman magsabi ka ng kung ano-ano para lang kunyari may ginagawa ka e wala namang kabuluhan pinagsasasabi mo.. hndng hnd macocontrol ang mga oil companies.. tapos sasabhn mo pang ung excess na tax e pupunta sa gobyerno para makatulog sa mga tao? ausin nyo kaya muna ung CORRUPTION sa gobyerno bago kayo magsabi ng "...greed of petroleum companies and provide much-needed relief to our overburdened citizens". Greed nyo muna asikasuhin nyo
  • GTi Jan 31 2012 @ 03:21pm
    There should be TRANSPARENCY naman kasi. Its not the profit limiting that is important. They should come up with a law that would have to make everything the oil companies do transparent to the public and that includes all the financial books and the computations as to how they come up with their prices. Or maybe the government can open up a state-owned gas company which sells gas at the real, transparent prices? If so the government could earn a bit more and the other companies would be compelled to drop their prices.
    • blazinthrower Feb 03 2012 @ 11:06pm
      Di ba sa govt dati yung Petron? Nung nangyare? Binenta...
  • zetsumei Jan 31 2012 @ 03:55pm
    The solution here is not imposing a profit limit. I think the best solution is to have a fix peso value for the VAT on fuels. Because now at 12% it means if 1 liter of Unleaded is 50 peos and the VAT is 5.36. meaning the oil company was actually selling it at 44.64. so if you think about it. every time u fill up your tank lets say 30 liters worth of fuel approx. 160 goes to the Government. (Only God knows where it really went). Moreover, VAT is a percentage thus if the base is higher the higher the VAT. Gov't is actually happy that fuel prices are going up since they get more VAT money. The real solution is to have a FIXED VAT on Fuel prices. Make it Absolute. Lets say 3 pesos per liter. so that even if the oil companies raise their prices, the VAT portion doesn't grow also but is fixed. This will minimize the impact of the price increase. But this is a long shot. The Government wants to get as much money from its hard working citizens so they can have all those Luxuries that their salary won't be able to pay for.
  • 17Sphynx17 Jan 31 2012 @ 04:02pm
    If I may add also, people here do not also yet consider than there is a merchant charge/service fee for the service station every time you use a credit card in transactions. This can vary from 3% or 6% against the gross value swiped. Keep in mind, GROSS, not NET on profits. I am not sure if this is fixed or if this is waived by the credit card companies, but this was also an issue with the american credit card companies, whether the card should charge a fixed service charge fee instead of a percentage fee. Swiping for 1000 pesos and 5000 pesos will be charged a fixed service fee instead of a percentage rate as same "labors" are executed for a single transaction by the bank.
  • mindkinetic Jan 31 2012 @ 04:07pm
    the only reason for all of this is our continued dependence on fossil fuel. but what amazes me is this; petroleum products in the philippines are far more expensive than our neihboring country's. no matter what mathematical equation is to be thrown with any existing principle in economics to support it , the truth remains " overpricing ang mga gasolinestations dito". the government should intervene otherwise this problem will soon be a thing of normalcy. una: alisin na ang oil deregulation law. deregulation freed the government from its obligation to subsidize the oil price stabilization fund ( its main purpose Is to dampen situations resulting to fuel/ oil price hike) .this suggestion from the senator is just a duplication , when fuel prices are regulated at 12% per annum of capital employed.
    • 17Sphynx17 Jan 31 2012 @ 07:04pm
      I agree with you. I think there have been numerous comparisons regarding the costs here and our nearby neighbors.

      However, there are factors. One is VAT. In Singapore, VAT is 7% and I am not even sure if they impose VAT on 7%. In Hong Kong, I think it is higher but less than 10%. Anyway, it is proper to note also that they taxes they impose on companies are varying and different from us. We must also keep in mind that we also enjoy the highest electricity costs among our neighbors as stated in studies.

      Also, I can not figure out why they drive Pandacan Oil Depot out of its place when it was first in the region/area. I know they lost the case (legal fees here is implied already) and they have to transfer because others taught it fit to develop residences near them? I mean, isn't this also the government playing its part in causing the problem? They now have to relocate, build, pay penalties/dues they didn't originally have to pay etc.

      I understand the concern of public safety and all about it, but weren't they first as it was zoned? Hence, any changes in zoning should not affect it as it was existing prior to the change in Land Use/Zoning, am I right? It is actually the fault of the developer(s) and the approving government agency for allowing such to happen. And instead of aggravating the multiple individual persons, they opted to move the single large entity that is forced to comply (i believe unjustly) - Hence, bearing new, additional infrastructure costs that should not even be a cost anymore as pre-existing infrastructure have already been built/used/established.
  • maklo02 Jan 31 2012 @ 06:45pm
    Trillanes for president? NO WAY:))
  • hajabah Jan 31 2012 @ 08:26pm
    ... which is why transparency on the part of the companies' computations would've been helpful. but 17Sphynx17 is right in saying that a profit ceiling would drive the companies away. If our taxes had been spent better, overall taxes could be lowered and make oil prices less of a burden. But of course that's bordering on utopian for us. What if Trillanes buys back Petron and sets the prices himself so he can see how it's done? But then the whole situation won't be competitive anymore and everyone else in the private sector will just go gone.
  • gogogo Jan 31 2012 @ 09:59pm
    ayaw pa kasi gawin tax free yung mga hybrid vehicles eh para mabawasan yung consumption ng gasoline. yun lang electricity naman tataas pero may paraan din naman yun eh. solar chargers! hehehe
  • ChairmanPineapple Jan 31 2012 @ 10:28pm
    What do you expect from a military man who raided a hotel and put bombs at a mall because he wanted to show disgust over an administration? radical ideas and this is one of his radical ideas. Hindi ito makakalusot dahil maraming magrereklamo na companies at baka mag si-alisan pa.. mr senator isip pa ng ibang paraan!
    • bruce Feb 01 2012 @ 09:43am
      i like! funny these people get elected! gumawa ka na ng katarantaduhan, magiging senator ka pa!
      • gogogo Feb 03 2012 @ 08:41pm
        eh kung si erap nga napatunayan na corrupt at nakulong na muntikan pa manalo nung huling eleksyon. hahaha! ex-con politician. it's more fun in the philippines! lol!
  • noelneilm Feb 01 2012 @ 08:08pm
    The Bill is essentially a tax measure. It's not a police power measure that attempts to limit profits up to 12%. The Bill does not say that gasoline companies can only mark their costs up by 12%. If it does, then that is curtailing property rights without due process. What it does, however, is tax excess profits, presumably at a higher tax rate than the current one. A possible argument against this is violation of the equal protection clause. A counter-argument would be that gasoline companies are in a different class of business.
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