Former BIR chief decries harassment charges

Former BIR Commissioner Jose Mario C. Buñag said yesterday recent newspaper reports citing his pending court cases as cause for his disqualification as a candidate for the post of associate justice of the Supreme Court are merely harassment charges. The reports said Buñag is battling court charges in the Ombudsman, Department of Justice and at the Quezon City prosecutor’s office.

“It is unfortunate that these harassment cases, one of which has already been dismissed, are being used to disqualify me from being considered as a candidate to the post to be vacated by Associate Justice Ruben Reyes,” Buñag said.

Two of the three cases in the Ombudsman are actually just one same case but filed as a criminal case and the other administrative. They revolve on the same issue – an alleged failure on his part to respond or to take action on complainant’s letters. “I have sufficiently answered the complaint by showing that all his letters had been referred to the appropriate department or officials of the BIR, which is the established procedure in all government offices,” he said.

The complainant, a tax informant, is claiming a reward for a collection that happened when Buñag was leaving the BIR. Thus, he was no longer in a position to act on it. Buñag said the administrative case should be dismissed already since he has long been separated from the BIR. 

Also, the complainant’s counsel had served notice that his client died more than two years ago. Thus, it is no longer practical to proceed with the case since the only witness in this case is already dead and obviously will not be able to testify.

The third case in the Ombudsman included Buñag as one of the respondents when he was still a deputy commissioner. The case was filed in 2004 and the last position paper was filed in early 2005. The complaint is basically a harassment charge that happened before Buñag’s appointment to the BIR. His only participation is to sign the formal demand letter against the complainant. As deputy commissioner supervising the then Tax Fraud Division of the BIR, it was part of Buñag’s function to sign the demand letter. 

Press reports also cited a pending case with the Department of Justice that involves Lucio Tan’s Fortune Tobacco tax evasion cases. The complainant is claiming a reward from the BIR for his efforts in providing information related to the tax evasion case of Fortune Tobacco, and complaint for alleged failure to issue garnishment and levy against taxpayer when assessments were already final. There were no collections as Lucio Tan, et al, were acquitted and, therefore, no reward could be given.

The fourth case being cited was the one filed with the Quezon City prosecutor’s office that was actually dismissed last Nov. 18, “due to insufficiency of evidence and utter lack of probable cause.”

“These cases appear petty, directed against me in my official capacity, in particular, on whether or not I was duly performing my job. There is nothing inherently criminal in the facts, they do not involve any graft or corruption or anything affecting moral turpitude,” Buñag said