497 total views

Absolute Proof

We have taken an email from a subscriber of “A Foreigner Telling the Truth Philippines” who has done a lot of work compiling instances of breaches of laws in the Philippines by Expat American, Brian Granville Smith, while working as the Manager soley in charge of every aspect of the operation of MB Piggery and Marjhen AquaFarming in Bohol.

We have formatted this email into easy to read sections. 

We have also used some journalistic license to edit and format it, but we have not changed the context of the email.

We have also included a link to the origional email so you can check this for yourselves.
Link to the origional Email

Unlicensed Charity

We have already listed elsewhere, about the “buy a pig” charity that Brian Granville Smith was running in 2020   (More on the Buy A Pig Scam later)

This was where online buyers from around the world could buy one of his pigs at retail price and accepting the money via PayPal and Western Union.

This was undertaken with:

No written permission from the DSWD                                                                           

No registration for a permit to solicit in the Philippines or abroad.

No accounting proving how much cash Brian Granville Smith made from the pigs, where the money   

went or spent on, no information on any additional donations made for miscellaneous, absolutely no

paper accounting or public transparency on his behalf.

There were:

28 Published Videos Related to Charity Work

87,900 Total Views on the 28 Videos

Average income per 1000 views is between $1 and $5 so let’s take the average of $3 per 1000 views

$290 or 14,500 peso Estimated YouTube Earnings from Adsense.

Add to that those earnings from the pigs he sold at above the market price at time of sale.

He was selling his pigs for 12,000 peso each online to his subscribers.

The current market price of a 100kg pig in April 2020 was between 5,000 and 7,500 pesos per 100kg

pig.

So, you can see from the above that Brian Granville Smith was selling his pigs for an inflated profit?

Is it morally right to make a profit on charity work??

Are we right to criticise and ask questions about someone who has made themselves a public figure on YouTube?

This is the same type of charity scam that Terrance Martin (Flannery) does, that is using other people’s

donated money for so called “charity” purposes and posting the activities on YouTube THUS making a personal INCOME.

Whether it be 100 pesos or 1 million pesos IT’S ILLEGAL in ANY country to personally PROFIT from running a charity.

As we can see from before this IS NOT the first time Brian Granville Smith has been involved in an illegal charity

 

You can agree or disagree on what we are saying but if a pastor in America was running a charity and pocketing ANY type of income from the activity you all would be calling him a scammer.

There has been MANY public cases in courts where this has happened

 

There was ONLY ONE reason Brian Granville Smith did the “buy a pig” charity and that was to benefit HIMSELF.

He has admitted on many occasions before the charity that his YouTube earnings was down and is was being spent on buying pig feed every month

Nowhere in any video or timeline did he complain that the issue was selling the pigs for a lower price UNTIL during the “buy a pig” scam

Brian Granville Smith didn’t want to, at the time of the scam, sell the pigs at a loss, in which many other pig businesses would of have had to do.

If Brian Granville Smith had of sold the pigs at a market price loss, then he would have still saved 200,000 pesos per month on pig feeds

But he didn’t do that, instead he sold his pigs to subscribers (who in turn donated them to his charity)  at ABOVE market prices so he could make a profit on the sale of the pigs.

He was also making money from the YouTube videos on filming these activites.

A real win win scenario 

 

Baby Faith Charity

We also MUST talk about the involvement of Brian Granville Smith in the Baby Faith Charity that, at the time was also illegal as neither Brian Granville Smith or Terrence Martin (Flannery) had any charity licence to operate in the Philippines.

In addition to not having a charity licence there was not a permit to solicit donations from within the Philippines or from abroad. (please note these are separate permits)

If anyone had actually noticed in Brian Granville Smiths Baby Faith Final Accounting video, there has been one important piece of information that was not included in the final accounting and that is “How much money was donated through western union or PayPal to a Brian Granville Smith, Terrence or Beth Martin”?

During the time of this charity, I do remember that some donors did send money directly to Beth & Terrence Martin and Brian Granville Smith to pass along to Baby Faiths Mother but these monies were never included in the final accounting.

The final accounting video only covered donations made through a GoFundMe account that was setup by some guy in Canada.

Just to note again, there was on many occasions where people sent donations directly to Brian Granville Smith and Terrence Martin via Western Union and PayPal for the Baby Faith Fake Charity and was never included in the final accounting.    

 

Repeated requests for a published audited report on both these fundraising activities (as required by law) has been ignored.

03.    Offering Investment Into A Sole Trader Company  
Firstly we must talk about the time Brian Granville Smith said he couldn’t afford to pay his employee, Consing anymore and some subscriber decided to donate the monthly amount of Consings salary.
It must be noted that the monies was sent to Brian Granville Smith and any financial advisor or accountant would consider that an unknown person sending money to the owner of a business to pay a worker’s salary is classed as INVESTING INTO A BUSINESS.
If you approached your local 7/11 and offered to pay one of the worker’s salary every month there would be a lot of questions being asked from the accountant and the Inland Revenue as to what is going on at MB Piggery?

Secondly we must look at the deal between Dave Aquaponics and Brian Granville Smith and how Dave stated on several occasions that the money and materials was an investment and NOT a simple gift. 

 

          Thirdly we must look at Jason’s investment into a Sole Trader business for a share, whether the share is. 1 % or 50% ITS ILLEGAL

          Additional to this point of Jason, didn’t Jason borrow the money from his father to invest into the milkfish business?
Again, totally illegal to borrow funds from anyone to invest in a share of a Sole Trader Business.

 Let’s just be clear, if it was a LOAN from Jason to Marjhen Aquafarming then that is totally LEGAL and you would expect the loan to have conditions like repayment plan, interest and penalties etc.
But it was NOT a loan to Marjhen Aquafarming, it was an investment for a share of the business, again to do this legally you need to create a partnership business.

 When “Texas Filipino” personally loaned Brian Granville Smith money, that was his choice to make that loan for Brian Granville Smith to use at his discretion.
The loan was NOT an investment into MB Piggery or Marjhen Aquafarming.
There is a difference and you are all smart enough to know that.

Fourth is the buying of the remainder of the pigs that some unknown person or persons have purchased  
This has to be the strangest of investment because the pigs were sold for a price but the feeds and salary for a worker is also paid by them, the strange thing is the pigs are still on Brian Granville Smiths farm, well in the possession of MB Piggery.Offering Investment Into A Sole Trader Company  

Firstly we must talk about the time Brian Granville Smith said he couldn’t afford to pay his employee, Consing anymore and some subscriber decided to donate the monthly amount of Consings salary.

It must be noted that the monies was sent to Brian Granville Smith and any financial advisor or accountant would consider that an unknown person sending money to the owner of a business to pay a worker’s salary is classed as INVESTING INTO A BUSINESS.

If you approached your local 7/11 and offered to pay one of the worker’s salary every month there would be a lot of questions being asked from the accountant and the Inland Revenue as to what is going on at MB Piggery?

Secondly we must look at the deal between Dave Aquaponics and Brian Granville Smith and how Dave stated on several occasions that the money and materials was an investment and NOT a simple gift.

Thirdly we must look at Jason’s investment into a Sole Trader business for a share, whether the share is. 1 % or 50% ITS ILLEGAL

Additional to this point of Jason, didn’t Jason borrow the money from his father to invest into the milkfish business?

Again, totally illegal to borrow funds from anyone to invest in a share of a Sole Trader Business.

 Let’s just be clear, if it was a LOAN from Jason to Marjhen Aquafarming then that is totally LEGAL and you would expect the loan to have conditions like repayment plan, interest and penalties etc.

But it was NOT a loan to Marjhen Aquafarming, it was an investment for a share of the business, again to do this legally you need to create a partnership business.

When “Texas Filipino” personally loaned Brian Granville Smith money, that was his choice to make that loan for Brian Granville Smith to use at his discretion.

The loan was NOT an investment into MB Piggery or Marjhen Aquafarming.

There is a difference and you are all smart enough to know that.

Fourth is the buying of the remainder of the pigs that some unknown person or persons have purchased  

This has to be the strangest of investment because the pigs were sold for a price but the feeds and salary for a worker is also paid by them, the strange thing is the pigs are still on Brian Granville Smiths farm, well in the possession of MB Piggery.

 Who knows if this is an actual sale or someone has again invested into a Sole Trader business, the truth always comes out eventually.

 There have been rumours, although unconfirmed that Brian Granville Smith has sent emails to subscribers asking them to invest into either the Marjhen Aquafarming or MB Piggery but these claims are not substantiated at this time.

 We bring this up because we want to ask anyone who has proof of these emails to please forward them to us.      

 

Who knows if this is an actual sale or someone has again invested into a Sole Trader business, the truth always comes out eventually.

There have been rumours, although unconfirmed that Brian Granville Smith has sent emails to subscribers asking them to invest into either the Marjhen Aquafarming or MB Piggery but these claims are not substantiated at this time.

We bring this up because we want to ask anyone who has proof of these emails to please forward them to us.      

 Breaking The Anti Dummy Law.

 What is the Anti-Dummy Law? 

The Anti-Dummy Law is a law created to penalize those who violate foreign equity restrictions and evade nationalization laws of the Philippines.

The Anti-Dummy Law prohibits dummy, or using what we would call a proxy arrangement to accomplish a transaction not allowed under Philippine law.

To get around the Philippine land ownership rules for example, non-citizens may arrange for a Filipino citizen to purchase land and register the land title to the Filipino citizen’s name, but with the agreement that the whole right to the land belongs to the foreigner.

In this case, the Filipino citizen is the “proxy,” thus the “dummy arrangement.” 

Another common approach, is to create a corporation.

The problem with using a corporation to avoid the land restrictions rules, is the 40-60 ratio that applies (40% foreign ownership, 60% Filipino ownership).

Therefore, a variety of side agreements are used to keep control of the corporation in the hands of the foreigner.

Again, The Anti-Dummy Law prohibits an arrangement usually done by a foreigner to evade nationality restrictions.

If you’re caught violating the Anti-Dummy Law, you can receive a jail sentence for up to 5-15 years or receive a hefty fine.

Non-Citizens and Filipino citizens who engaged in the dummy arrangement will both be held liable.

 Note:
Both Brian Granville Smith and Jason have been using Marjhen Aquafarming as a dummy company having complete or part control over the business.

Jhen and Maricel have been accomplices in using the dummy business.  

Brian Granville Smith has been using MB Piggery as a dummy business having full or part control over the business.

This leads to the question of “Who owns the land at MB Piggery”? Is it in Maricels personal name or in the name of the business?

 

 Using The Balikbayan Box System Fraudulently

Let’s look at the rules so everyone can understand the point being made. 

The Bureau of Customs has set some special arrangements for the Qualified Filipinos While Abroad.  

The Qualified Filipinos While Abroad (QFWA) are the OFWs, Non-resident Filipinos abroad who established a Permanent residency overseas but retained their Filipino Citizenship (Dual Citizen), and the Filipino Citizen who acquired a temporary visa to stay abroad (e.g., students, business visa etc.)   

Qualified Filipinos While Abroad (QFWA) and Dual Citizen Filipinos is limited to send 3 balikbayan boxes with the total worth value of PHP 150,000 per calendar year to qualify for the duty and tax exemption containing ‘personal effects and household items ONLY, based on the new terms and conditions.

The items should not be in commercial quantity and considered to be allowed and/or regulated items.

Only the family and close relatives of the QFWA should be the receiver of the balikbayan box in the Philippines   For Non / Previous Filipino Citizens (PH citizens who acquired new citizenship from other country and choose not to retain their PH citizenships), will also have to pay for the duty and import tax (if over the De Minimis Importation value of 10,000 PHP), same goes with other foreign nationals who wish to send balikbayan boxes to the Philippines.  -­

Notes:
To our knowledge, none of the balikbayan boxes sent to Brian Granville Smith have been from relatives apart from on ONE occasion in the last FOUR years.
All other balikbayan boxes should have been subject to import taxes as the guidelines above show.

Subscribers from a YouTube channel are NOT classed as friends, relatives or OFW’s and taxes were therefore due on all boxes sent.

We will have already saved the videos of ALL balikbayan boxes received and using it as evidence to report to the Customs Authorities.

Breaking The Philippines Labor Laws:  

Here are the labor laws Brian Granville Smith has been seen to be breaking in the past as per The Department Of Labour And Employment (DOLE) 

Art. 139. Minimum employable age.

No child below fifteen (15) years of age shall be employed, except when he works directly under the sole responsibility of his parents or guardian, and his employment does not in any way interfere with his schooling.

Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and such periods of the day as determined by the Secretary of Labor and Employment in appropriate regulations. 

The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and Employment

Note:
As we have seen on several occasions on Brian Granville Smiths personal YouTube channel children under the age of 18 and 15 have been working on the farm.
In hazardous conditions I.e., working in water up to their necks in the tilapia pond without any emergency planning for drowning.

On the new tilapia ponds – Not once did we see the children working under the direction of their parent or guardian, they were working under the direction of Brian Granville Smith and on many occasions working ALONE 

Art. 116. Withholding of wages and kickbacks prohibited.  

It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the worker’s consent

Note:
We have seen Brian Granville Smith clearly say on many occasions that he was “short” of money to pay his workers in full and owed them the salary until his own personal YouTube income was paid.

Please note that Brian Granville Smiths personal salary from YouTube is not in any association with MB Piggery   His insinuation that the salary of the workers coming from HIS personal YouTube income is proof that he himself is paying the salaries of employees and NOT MB Piggery.

Art. 113. Wage deduction.  

No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except: 
In cases where the worker is insured with his consent by the employer, and the deduction is to recompense the employer for the amount paid by him as premium on the insurance; 

For union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned; and In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment.

Note:
When some chickens were either stolen or died, Brian Granville Smith personally deducted monies from their salary, acting as a manager or acting on behalf of the legal owner of MB Piggery
.

Art. 102. Forms of payment.  
No employer shall pay the wages of an employee by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than legal tender, even when expressly requested by the employee.

 Note:
We have seen clearly, Brian Granville Smith paying employees before with chickens and pigs as a part payment of their salary, again Brian Granville Smith is on his personal YouTube channel while acting as a manager or acting on behalf of the owner of MB Piggery.

Breaking The Covid Rules On Bohol:

Many times, we have seen Brian Granville Smith breaking the covid rules that are in place on the island of Bohol.  
Never have we seen on camera over the last 12 months Brian Granville Smith wearing a mask or any evidence like a muffled voice while talking.

On many occasions Brian Granville Smith has visited friends at their home without wearing a mask, face shield or keeping a safe distance.

We have heard on at least 3 different occasions Brian Granville Smith denying (On his YouTube Channel) the existence of Covid and discrediting the recorded cases and deaths.

On several occasions we have also seen Brian Granville Smith attending large gatherings such as birthday parties inside other foreigners homes, all the people attending not keeping the social distance or wearing masks.

Note:

For all you people reading this, don’t you think it is a kick in the teeth to you all that your liberties and freedoms have been taken away because of this pandemic and to watch foreigners in Bohol clearly breaking the rules and laws without any consequences?

Many people have been locked in their houses, lost their jobs and unable to visit their friends and family while these foreigners in Bohol can carry on with their lives while laughing at you all.

When was the last time you ever heard a livestream from Brian Granville Smith, talking about their concern for others while they are living in one of the most darkest times a generation has ever seen?
When do you ever hear on livestream anyone talking about their family in the USA being affected and the hardship they are enduring while in Bohol no one cares and live goes on without remorse for the rest of the world.

Just take note that while you’re suffering in your own homes with all the lockdowns and freedoms being removed Brian Granville Smith has no compassion for you, no compassion for his own friends, children and grandchildren who are suffering during this time. 

Working In The Philippines On A Tourist Visa

Prior to applying for his Temporary Residence Visa (13a) Brian Granville Smith was on a tourist visa working in the role of a farm manager.

If you are giving instructions to workers either at MB Piggery or at the milkfish pen then you are acting as a manager by default.

 

Even if you are to argue that Brian Granville Smith is not there in a capacity of management but there in an advisory capacity then the argument would still fail as the point is, Brian Granville Smith still has full or part control over the decision making on either business.