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Aquino admin secures dismissal of BIR official

By Iris C. Gonzales (The Philippine Star) Updated July 28, 2011 12:00 AM

MANILA, Philippines - The Aquino administration has secured the dismissal of a ranking official of the Bureau of Internal Revenue (BIR) as well as the suspension of a local government treasurer being investigated for corruption.

The Revenue Integrity Protection Service (RIPS), the anti-corruption unit of the Department of Finance (DOF) has secured the dismissal of the BIR official for accumulating wealth disproportionate with his income as a public official.

RIPS won with finality its case against BIR Assistant Commissioner Edwin Abella, who was found guilty of dishonesty in 2005 for acquiring questionable wealth beyond his and his wife’s capacity.

The decision of the Ombudsman came out on Jan. 14, 2005.

In its decision, the Ombudsman said there was “substantial evidence” that Abella committed dishonesty for “acquiring vast amounts of money and properties manifestly out of proportion to his salary and other lawful means of income.

Based on the evidence filed by RIPS, the Ombudsman said it was impossible for the respondent’s net worth to increase from P3.8 million in 1999 to P8.4 million in 2002 with his earnings.

The Ombudsman found Abella guilty of not declaring in his Statement of Assets, Liabilities and Net Worth six properties he owned including real estate assets. One property was valued at P10 million.

The respondent appealed the Ombudsman’s decision, in a pleading dated Feb. 7, 2005.

Abella said the decision was “based on grave errors of facts and law and unfounded conjectures and surmises.”

However, the Ombudsman denied Abella’s motion for reconsideration in an order dated June 11, 2011.

“The respondent failed to present new evidence that would warrant a reversal of the questioned decision,” the order stated.

Meanwhile, the Ombudsman also suspended for six months without pay a ranking local government official.

Manila City Treasurer Liberty Toledo, which RIPS sued for grave misconduct and dishonesty.

The Ombudsman said: “Notwithstanding any motion, appeal, or petition that may be filed by the respondent… the implementation of this order shall not be interrupted within the prescribed period.”

With the order, the City government of Manila is expected to implement the suspension order five days from the receipt of the Ombudsman’s decision.

According to the case filed by RIPS, from 1999 to 2004, Toledo failed to declare millions worth of properties in her SALN.

The assets were found “grossly disproportionate” to her and her husband’s annual income, DOF-RIPS said.

“The evidence on hand sufficiently warrants the preventive suspension of respondent Liberty Toledo pending the conduct of administrative investigation of the instant case,” the Ombudsman said in the order.

As such, the Ombudsman said the with the nature of her duties and functions and “the influence that her position brings her continued stay in office may prejudice the investigation of the case.”

RIPS was established to investigate allegations of corrupt practices of officials and employees of the Department of Finance and revenue agencies.

To date, RIPS has already filed a total of 86 cases against 126 public officials, 51 of whom were suspended while 19 were already dismissed from service.
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KNOWING YOUR BIR REGULATIONS AND ISSUANCES

Revenue Regulations (RRs)
are issuances signed by the Secretary of Finance, upon recommendation of the Commissioner of Internal Revenue, that specify, prescribe or define rules and regulations for the effective enforcement of the provisions of the National Internal Revenue Code (NIRC) and related statutes

Revenue Memorandum Orders (RMOs) are issuances that provide directives or instructions; prescribe guidelines; and outline processes, operations, activities, workflows, methods and procedures necessary in the implementation of stated policies, goals, objectives, plans and programs of the Bureau in all areas of operations, except auditing.

Revenue Memorandum Rulings (RMRs) are rulings, opinions and interpretations of the Commissioner of Internal Revenue with respect to the provisions of the Tax Code and other tax laws, as applied to a specific set of facts, with or without established precedents, and which the Commissioner may issue from time to time for the purpose of providing taxpayers guidance on the tax consequences in specific situations. BIR Rulings, therefore, cannot contravene duly issued RMRs; otherwise, the Rulings are null and void ab initio

Revenue Memorandum Circular (RMCs) are issuances that publish pertinent and applicable portions, as well as amplifications, of laws, rules, regulations and precedents issued by the BIR and other agencies/offices.

Revenue Bulletins (RB) refer to periodic issuances, notices and official announcements of the Commissioner of Internal Revenue that consolidate the Bureau of Internal Revenue's position on certain specific issues of law or administration in relation to the provisions of the Tax Code, relevant tax laws and other issuances for the guidance of the public.

BIR Rulings are official position of the Bureau to queries raised by taxpayers and other stakeholders relative to clarification and interpretation of tax laws.
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