Court of Tax Appeals orders arrest of Jeane Napoles due to tax evasion

admin   •   April 30, 2015   •   3167

IMAGE_APR302015_UNTV-News_COTA

MANILA, Philippines — Jeane Napoles did not attend the arraignment proceedings of her tax evasion case in the Court of Tax Appeals on Wednesday, April 29.

The law requires an accused to attend the arraignment proceedings to be informed of the nature and cause of the charges.

During the arraignment, the accused shall also be required to plead guilty or not guilty to the allegations.

Because of this, the court has ordered the issuance of arrest warrant against Jeanne.

However, Jeane’s counsel Atty. Lani David said, their camp has been waiting for the resolution of the motions they filed including their motion for cancellation of the arraignment proceedings.

She refused to tell where Jeanne is.

The Court of Tax Appeals through the 3rd Division chairperson Associate Justice Esperanza Fabon-Victorino, warns David of facing stricter sanctions should Jeane fails to attend the rescheduled arraignment on May 27.

Jeane is facing one count of tax evasion in the first and third division.

Records of the bureau of internal revenue reveals that Jeanne was said to have evaded paying taxes amounting to 17.88 million pesos.

These include her real estate properties such as the condominium unit in California and two farms in Pangasinan.

Jeane has previously settled bail amounting to 50 thousand pesos for each count of her tax evasion case in the first and third division of the CTA.

But the court forfeited the bail because of Jeane’s failure to attend her scheduled arraignment.

The tax evasion or tax fraud is the illegal or fraudulent way of minimizing the supposed tax amount to be paid by a tax payer.

If found guilty of tax evasion, the accused will be imprisoned and penalized. (JOAN NANO / UNTV News)

JBC extends application period for CA, CTA, Sandiganbayan vacancies

Robie de Guzman   •   August 20, 2020

MANILA, Philippines – The Judicial and Bar Council on Thursday announced it has extended the application period for several vacant positions in the Court of Appeals (CA), and other courts.

In an advisory, the JBC said it moved the deadline from August 25 to September 25 following requests for extension of the deadline of submission of documents owing to the difficulty in securing documents in view of the imposition of modified enhanced community quarantine in Metro Manila and nearby provinces.

Metro Manila and the provinces of Bulacan, Rizal, Laguna, and Cavite were placed under MECQ from August 4 to 18. It has now shifted to general community quarantine status.

The JBC said there are job openings in the CA, Sandiganbayan, Court of Tax Appeals (CTA) as well as in the Legal Education Board.

CA vacancies are for the positions left by Justices Rodil Zalameda, Edgardo Delos Santos, Mario Lopez, and Samuel Gaerlan who were appointed to the Supreme Court; Justices Luisa Padilla and Jane Aurora Lantion who compulsorily retired in January 2020.

The opening in Sandiganbayan is for the position left by the late Justice Reynaldo Cruz, while the CTA vacancies are for the positions formerly held by retired Justices Cielito Mindaro-Grulla and Esperanza Fabon-Victorino.

The JBC also said applications are also open for several positions in the Legal Education Board.

The council reminded applicants to access the online application scheduler in its website on or before August 25 to register and selected the date they will submit their documents.

Applicants must also submit the complete and accurate digitized versions of their documents through electronic mail on their selected date and time of appointment in the scheduler.

The submission of hard copies of documentary requirements, however, is suspended until further notice, the JBC said.

Tax amnesty for delinquent accounts to start April 24

Marje Pelayo   •   April 10, 2019

MANILA, Philippines – The Bureau of Internal Revenue (BIR) issued on Tuesday (April 9) the official guidelines of the much-awaited tax amnesty program in the country.

Signed by Finance Secretary Carlos Dominguez III and Internal Revenue Commissioner Caesar Dulay, Revenue Regulations (RR) 4-2019 lays down the application process of tax amnesty for delinquent accounts up to year 2017.

Applications will begin on April 24, or 15 days after it was published in a newspaper of general circulation on Tuesday.

Republic Act (RA) No. 11213 or the Tax Amnesty Act of 2019 offers delinquent taxpayers one year to file their request for amnesty signed by President Rodrigo Duterte in February this year.

It covers all national taxes including capital gains tax, documentary stamp tax, donor’s tax, excise tax, income tax, percentage tax, value-added tax (VAT), and withholding tax.

Under the law, varying rates apply per classification of delinquencies charged to the basic tax.

Delinquent accounts and tax assessments that have become final and executory will have an amnesty rate of 40% of the basic tax assessed.

Tax cases that have been decided by the courts will have to settle 50% of the basic assessment.

Accounts with pending criminal cases can choose to settle by paying 60% of the assessment.

In the case of withholding agents that withheld taxes but did not remit them to the BIR, they will pay 100 percent of the basic tax assessed.

Unremitted withholding taxes or non-remittance of personal income tax deducted from employees must be paid in full or 100% of the basic tax assessed.

RR 4-2019 requires applicants for the tax amnesty on delinquencies to submit the following:

  • Tax Amnesty Return
  • Duly-validated Acceptance Payment Form
  • Certificate of Tax Delinquencies/Tax Liabilities issued by the concerned BIR offices
  • A copy of the assessment found in the Final Assessment Notice/Final Decision on Disputed Assessment (when necessary).

Applicants must check first the procedures for application and the specific BIR offices where each taxpayer classification can be filed.

According to RR 4-2019, taxpayers who avail of the amnesty “shall be considered settled, and the criminal case in connection therewith and its corresponding civil or administrative case, if applicable, shall be terminated.”

“The taxpayer shall be immune from all suits or actions, including the payment of said delinquency or assessment, as well as additions thereto, and from all appurtenant civil, criminal. and administrative cases, and penalties under the 1997 Tax Code, as amended, as such relate to the internal revenue taxes for taxable years that are subject of the tax amnesty availed of,” it further said.

“The availment of the tax amnesty on delinquencies herein provided and the issuance of the corresponding Acceptance Payment Form do not imply any admission of criminal, civil or administrative liability on the part of the availing taxpayer,” it added.

During its one-year implementation, the amnesty delinquencies is expected to generate P21.26 billion in revenue. – Marje Pelayo

Rappler’s Maria Ressa pleads not guilty to tax evasion charges

Marje Pelayo   •   April 3, 2019

Rappler CEO Maria Ressa | Image grabbed from a Reuters video

REUTERS – Rappler CEO Maria Ressa pleaded not guilty on Wednesday (April 3) to tax evasion charges.

Ressa maintained that the tax dodging case, as well as the other cases filed against her and online news platform Rappler, were “politically motivated”.

“I still say that these cases are all politically motivated. Where in the world do you come home on a Friday, get arrested, post bail and on a Monday, get another arrest warrant and post bail again. I’ve been arrested twice in a little over a month and a week or so, right?” Ressa told reporters.

“It’s clear but we will fight every single one, and hope for the integrity of the men and women who will handle these cases, and that they go as well as today,” she added.

The Department of Justice (DOJ) in October indicted Ressa, and online news platform Rappler, for attempting to evade taxes by not reporting gains of almost $3 million in the company’s 2015 tax returns.

Ressa was served an arrest warrant over a libel case live on television in February and spent a night in detention before she was released.

She was arrested again last Friday (March 29) on charges she had violated foreign ownership rules. She was later freed by the court after she posted bail.

“It’s very serious for me. Each charge, there are four different charges, and each charge could carry a prison penalty from two to 10 years, so altogether 40 years, so it’s real, it’s very real, it’s the first arraignment of 11 investigations and cases against Rappler,” the embattled journalist said.

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