BIR Regional Director and Atty. Arnel Guballa whose office filled this year the second Run After Tax Evader case against the 12 Heirs of Gavino Vinluan in Labrador, Pangasinan
By Mortz C. Ortigoza
ALAMINOS CITY- An official of the Register of Deeds (RD) who was linked by the Bureau of Internal Revenue to a P9.26 million tax fraud was reassigned from his post in Lingayen to this city.
Lawyer Melvin Castro, the former deputy head of the RD in Lingayen, was reassigned as head of the RD Alaminos, according to sources.
BIR commissioner Kim Henares in a joint press conference of BIR and Department of Justice accused Castro to have conspired with the 12 heirs of one Gavino Vinluan of selling to Labrador former Mayor Ernesto Acain their two parcels of lands but did not pay the P9.26 million taxes.
The properties have a total area of 358,966 square meters and are covered by Tax Declaration Nos. 12726 and 12729 in Labrador town
According to Revenue District Office-5 chief Atty. Elmer Carolino, Castro’s involvement started when he wrote at the Day Book of the RD in Lingayen a statement that was used by the provincial Assessor office under Nestor Quimbao in issuing new tax declarations in the name of the buyers.
But what Castro wrote there were completely unrelated Barangay Certification dated August 11, 2009 and not a certification for Certificate Authorizing Registration (CAR) for the heirs to pay the P9.26 million that was a requirement for the transaction.
According to Carolino, who diligently investigated this anomaly, because of Castro actions the government was deprived with millions of pesos of taxes.
Consequently the BIR sued Castro for violation of Section 258 (E) of the NIRC of 1997, as amended, for allowing the transfer of ownership of the subject parcels of land without a CAR from the BIR certifying that such transfer has been reported and that the Capital Gain Tax (CGT) thereon has been paid.
The 12 heirs of Vinluan were likewise charged with failure to file estate tax return in violation of Section 107 of the NIRC of 1939 (Commonwealth Act 466), as amended, which was the law in effect at the time of the death of decedent Vinluan.
“As a result of the said fraudulent scheme, the heirs of Vinluan were found liable to pay CGT and DST (Documentary Stamp Tax) amounting to P7.40 million and P1.86 million, respectively, inclusive of surcharges and interests. Total tax liability is P9.26 million,”said Henares in a press release.
“The other penalty in the National Internal Revenue Code of Castro will be perpetual
disqualification in office,” Carolino said.
Castro denied in this paper that he owns the signature and certification at the Day Book.
He said that probably somebody forged his signature.
Another source at the BIR who asked anonymity said that the signature specimen’s expert of the National Bureau of Investigation could discover if Castro was telling the truth.
According to Atty. Carolino the scams he discovered made BIR commissioner Kim Henares to use Castro as a chilling message to corrupt government officials at the Register of Deeds all over the country who conspired with erring tax payers that the government is serious against them.
Carolino was responsible recently in exposing in the tri-media Castro’s subordinate Ms. Maria Carla Cacapit.
Cacapit was seen on TV entrapped by joint operatives from the Criminal Investigation Detection Group and the BIR in Lingayen after she interceded to a poseur client from the BIR who was asked by Doria to pay hundreds of thousands to pay for a fake CAR.
CAR is where the Capital Gains Tax (CGT) returns and Documentary Stamp Tax (DST) Return are listed.
According to Carolino he discovered this anomaly at RD Lingayen when he stumbled with tax payer Mrs. Nelia F. Doria with a faked CAR in his office here.
Calimlim incriminated Doria as the middle woman who told her that the former entrust the tax monies to her as she has connection with the BIR.
Doria is now sued in a court in Dagupan City by Calimlim with Estafa and Falsification of Private Documents.
Carolino said the case was filled in that city because the unwary and duped victim gave the money to Doria.
The expose’ of these scams at the RD Lingayen resulted for Carolino’s promotion from his post here to head the Special Investigation Office of the BIR regional office in Quezon City.
The case against Atty. Castro and the Vinluans was the second Run After Tax Evader case of Revenue Region No. 1 under the watch of Atty. Arnel Guballa in Calasiao, Pangasinan.