Big tax frauds in Pangasinan in DOJ for litigation

BIR Regional Director Arnel Gubala

By Mortz C. Ortigoza

CALASIAO – The regional director of the Bureau of Internal Revenue said the three controversial cases filed against two officials of the Register of Deeds-Pangasinan and 12 others are pending at the Department of Justice for court litigation.

Director Arnel Gubala said a committee at the DOJ that handles Run After Tax Evaders have taken care of the cases filed by the Bureau of Internal Revenue central office against lawyer Cecilia L. Munar , head of the Register of Deeds (RD) in Dagupan City, lawyer Melvin Castro, assistant head of RD in Lingayen, and the 12 heirs of Gavino Vinluan of Labrador, Pangasinan.

The case ensued when Munar conspired with land seller Humberto Cason Solis and land buyer Elma de la Cruz Versoza.

BIR Commissioner Kim Henares, in a press release, said Solis sold to Versoza an agricultural land in Binalonan, Pangasinan for X amount that were all listed on the Certificate Authorizing Registration (CAR) issued by the Revenue District Office-6 of the BIR in Urdaneta City.

This transaction was covered by Transfer Certificate of Title (TCT) 89201.

By using the same CAR and TCT numbers, Solis sold again to Versoza another 1,282-square meter hotel in Fernandez St., Dagupan City where one of the duo falsified through replacement, alteration, addition and superimposition of details on the face of the documents and the CAR issued by RDO-6 to look liked it was issued by RDO-4 based in Calasiao, Pangasinan.

According to RDO-4 chief Christine Cardona the “malefactor” paid tax payments only of Capital Gains Tax and Documentary Stamp Tax for P6,000 and P1,500 to P206,000 and P31,500, respectively.

She said this deprived the government P51.49 million of revenues inclusive of surcharges and interests.

This happens, according to Henares, with the connivance of Atty. Munar who should have seen the blatant falsifications on the CAR before she allowed the transfer of title to Versoza.

Consequently Munar was charged for permitting the transfer of the said properties in direct violation of Section 58 (E), in relation to Section 269 (e) and (h) of the Tax Code.

Director Gubala said that his personnel at the Special Investigation Division discovered the falsifications of the CAR of Solis and Versoza.

He lauded too the information provided by the heads of the two revenue district offices (RDO) that strengthen the cases against the respondents.

RDO- 4 is headed by RDO chief Cardona and Assistant RDO Charmaine de la Torre, while RDO-6, based in Urdaneta City, is headed by Atty. Beverly Milo and Assistant RDO Maria Bernadette Mangaoang.

Another source who asked anonymity in RDO-6 said the SID discovered the alleged anomalies of Solis and Versoza when the children of the former suspected the “close relationship” of the duo that prompted their father to sell the property in Dagupan City to Versoza.

“This made the children to report the illegal transaction at the BIR,” the source said.

The case of Castro and the 12 heirs of Vinluan stemmed when the latter 358,966 square meters of lands were sold to buyer former mayor Ernesto Acain of Labrador despite the absence of the requisites for transfer.

Quirino Ramos and lawyer Elmer Carolino, chief and assistant chief of RDO-5 based in Alaminos City said the heirs violated Section 258 (E) of the National Internal Revenue Code 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 CGT has been paid.

Carolino explained that Castro’s involvement started when he wrote at the Day Book of the RD -Lingayen a statement that was used by the provincial assessor office under Nestor Quimbao to issue new tax declarations in the name of the buyer.

The alleged illegal acts of Castro and the heirs have deprived the government of P9.26 million taxes.

Gubala said before his office files a RATE case against the respondents, he has to recommend it first to the main office of the BIR in Manila that decides with finality the filing.