House panel issues subpoena for BIR findings on Sereno's taxes
February 19, 2018 | 3:05pm
Citing the tax code, BIR Deputy Commissioner Arnel Guballa refused to disclose the agency's findings on its probe into Chief Justice Maria Lourdes Sereno's taxes. File photo
MANILA, Philippines — The House of Representatives Committee on Justice has ordered the Bureau of Internal Revenue to submit documents on its probe into Chief Justice Maria Lourdes Sereno's alleged tax deficiencies.
During the 14th hearing of the House panel's deliberation of the impeachment complaint against Sereno, BIR Deputy Commissioner Arnel Guballa said that the bureau found "some discrepancies" in Sereno's tax declarations.
He however, refused to divulge the findings, citing bureau regulations.
"The BIR is of the belief that we cannot give the information," Guballa told the panel. He said they can only disclose details when there is a waiver signed by the taxpayer and when there is a court order. An impeachment court, which is composed of members of the Senate, can issue such an order .
Rep. Vincent Crisologo (Quezon City) stressed that the "committee is part of the impeachment court."
The House committee is actually not part of the impeachment court, which will only be formed when the articles of impeachment. Members of the House of Representatives will take the roles of prosecutors when that happens.
"If we do not receive those documents, on these charges, we will not be able to prosecute them," Crisologo added.
But Rep. Reynaldo Umali (Oriental Mindoro), panel chairman, replied that the tax bureau is merely following the rule of law. The justice panel chair also stressed that no subpoena has been issued against the BIR.
Guballa said that the BIR is being on "the safe side." He added that should they violate the tax code, "there are penal sanctions."
The BIR executive said that they will be consulting the Office of the Solicitor General, the government's counsel, on the issue of disclosing the BIR's findings.
Guballa added: "If we see that there is a probable cause [to charge] fraud, we can institute the filing of a case."
Rep. Henry Oaminal (Negros Occidental) moved to subpoena the BIR "requiring the office to submit the findings of the tax investigation their office had conducted against Sereno."
The panel approved Oaminal's motion.
The House earlier ordered the BIR to conduct an investigation into Sereno's earnings and tax submissions of over the years.
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