BIR officials face raps for refusing to sign clearance

CEBU, Philippines - For allegedly refusing to sign his clearance, a retired examiner of the Bureau of Internal Revenue (BIR) filed a civil case before the court for mandamus and damages against the officials of the BIR, Revenue District Office 83, Talisay City.

In his four-page petition, Remegio Noblefranca, a resident of Basak, Mandaue City, said respondents “unfairly, unreasonably and in obvious bad faith” refused to sign his clearance which is one of the requirements to get his retirement benefits.

He said that several times he approached the respondents who refused to sign the same.

Named respondents were Revenue District Officer Atty. Rogelio Balaga, Asst. Revenue District Officer Debbie Angles Garcia and chief of the assessment section Marylou Torres.

Because of the refusal of the respondents, Noblefranca asked the intervention of the Office of the Ombudsman-Visayas. However, through Acting Director of the PACPO, Carla Juris Narvios-Tanco, he was advised to refer the matter to BIR Director Hemeno Palamine.

Thereafter, he said he received a letter from Conrado Lee citing respondents’ reason for not signing his clearance saying that it was due to his alleged failure to comply with the “investigative procedures and raptorial requirements on three taxpayers namely Roberto Ramos Co, Ryan Neil Alvez and Superior Export-Import, Inc.”

Noblefranca however, said the respondents should have raised the matter before he retired in the bureau.

“The said officials’ unreasonable, unfair, malicious and oppressive exercise of their authorities by denying said petitioner his  retirement benefits by the simple expediency of not signing his clearance. For fairness and honesty sake respondents should have raised the issue before he retired from BIR,” the petition reads.

Noblefranca retired from service on December 29, 2011. On or before his retirement, he said he had not been charged of “any misdeeds in connection with his job responsibilities.”

He denied the issue of failing to comply with the investigative procedures and said blamed it on the alleged negligence of the respondents. 

He pointed out that in order to enjoy his retirement benefits, he has no other recourse but to seek the intervention of the court.

Noblefranca asked P30,000 for moral damages; P20,000 for exemplary damages, P30,000 for attorney’s fees and P10,000 for litigation expenses from the respondents. (FREEMAN)