BIR worker guilty of dishonesty: Ombud

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Thursday, January 23, 2014


AN EMPLOYEE of the Bureau of Internal Revenue (BIR) in Cebu City has been dismissed from service for allegedly lowering the amount of taxes a couple was supposed to pay after buying a parcel of land in 2010.

The Office of the Ombudsman-Visayas ordered the dismissal of and barred Mae Cheryl Enguio from working in the government after she was found liable for dishonesty for “facilitating and maneuvering” to cut the capital gains and documentary stamp taxes that the couple was supposed to pay.

The couple was supposed to pay P831,417 for the capital gains and documentary stamp taxes for a parcel of land they bought from a bank.

“Her (Enguio) act of maneuvering the records so that only the amount of P159,960 was actually paid to the BIR depository bank…is a manifestation of an absence of integrity, a disposition to betray and an act of deceit,” read the 10-page decision written by Graft Investigation and Prosecution Officer Irish Amores.

No reply

The anti-graft office directed Enguio to file her counter-affidavit, but failed to do so, prompting the ombudsman to resolve the complaint based on evidence submitted by the BIR.

The case stemmed from an investigation launched by the BIR and the ombudsman’s Public Assistance and Corruption Prevention Office against Enguio, a computer operator of BIR’s District 13, in October 2010.

Rogelio Lusares, intelligence officer of the BIR Special Investigation Division, said in his affidavit that they conducted an investigation on the “spurious” capital gains and documentary stamp taxes paid by the couple amounting to P159,960.

Verification of documents of the Regional Data Center-Visayas showed that Enguio, using an access code, encoded payments for documentary stamp tax and capital gains tax amounting to P198,285 and P633,132, respectively.

Wrong amount

But a document submitted by the bank to the BIR showed that only P159,960 was deposited to the bank instead of P831,417 as total payment for the couple’s capital gains and documentary stamp taxes.

The BIR said Enguio made it appear that the capital gains and documentary stamp taxes were paid by the taxpayers to the bank when in fact lesser amount was paid.

In its ruling, the Ombudsman said Enguio undoubtedly committed dishonesty.

“There is a substantial evidence to hold Enguio administratively liable for dishonesty. (Her) culpability was clearly established,” Amores wrote.

Amores said Enguio “caused the machination” to reduce the tax obligations of the couple.

Published in the Sun.Star Cebu newspaper on January 23, 2014.

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