CA upholds dismissal of P10-M tax case vs Ongsiako heir

MANILA, Philippines - The Court of Appeals (CA) has upheld the dismissal of the P10-million tax evasion charge against the heir of Oscar Ongsiako over the transfer of ownership of a parcel of land.

In a decision released yesterday, the CA’s Fourth Division junked the petition of the Bureau of Internal Revenue (BIR) questioning the resolution of the Department of Justice (DOJ) dismissing the tax evasion complaint against Ongsiako’s son, Juan Miguel, and the register of deeds of Pasay City.

The CA dismissed the petition for being premature, saying the BIR should have taken available remedies first before the DOJ before elevating the case to the court.

The tax charge against Juan Miguel, which was filed in November 2011, stemmed from his alleged attempt to evade paying estate and documentary stamp taxes after the ownership of an 870-square meter property along Roxas Boulevard was transferred to him on Oct. 25, 2005 for P10 million.

The BIR said Ongsiako died in 1995 but the sale of his property to his son was done by his wife, Nori, “with the supposed conformity of her deceased husband whose signature was also on the deed of sale.”