ACTOR Richard Gutierrez has denied falsifying the documents he had submitted to the Department of Justice (DOJ) in relation to the tax complaints filed against him by the Bureau of Internal Revenue (BIR) in April.
"I do not have criminal intent to falsify or use a falsified document because I acted in good faith when I attached the subject returns in my counter-affidavit believing that they were filed by our accountant and received by the concerned RDO (Revenue District Office) of the complainant," read Gutierrez' counter-affidavit, which he affirmed before State Prosecutor Christine Ferolino on Thursday.
Gutierrez is facing one count of knowingly submitting fake Annual Income Tax Return in 2012 and six counts of knowingly submitting fake Quarterly Value-Added Tax Returns for 2nd, 3rd and 4th quarter of the taxable year 2012 on two occasions, in violation of Article 172 in relation to Article 171 of the Revised Penal Code.
Aside from the said charges, he is also facing two counts of submitting falsified affidavits during the DOJ's preliminary investigation into the tax violations of his company, R Gutz Productions, Inc., in violation of Article 183 of the Revised Penal Code and four counts of violating Section 255 of the National Internal Revenue Code for attempting to make it appear that he has filed his Annual Tax Return for 2012.
According to the complaint filed by the BIR in August, the officer who supposedly received the tax returns of Gutierrez' company, Renato Agana, have denied that he had signed nor received the subject tax returns.
In his defense, Gutierrez said he did not personally file the said documents before the BIR.
"I never really know whose signature is the signature affixed in the said return. As far as I know is that R Gutz had an accountant at that time in the person of Teresita Dabu-Lapid who filed and paid the tax for the corporation," Gutierrez said.
"It was the accountant and not me who went to BIR to file the corporation's tax returns. It is the usual practice not only of celebrities but also a lot of taxpayers. Thus I did not know who personally received them," he added.
Gutierrez asked the DOJ to dismiss the charges filed against him for the complaint BIR's failure to establish probable cause to indict him for perjury and falsification of documents.
The complaints filed against Gutierrez stemmed from the tax evasion charges earlier filed against him by the BIR in relation to the underdeclaration of R Gutz's income for 2012 by P39.51 million. (SunStar Philippines)