Nabbed BIR exec's lawyer mulls filing counter raps-A A +A
Friday, September 28, 2012
A COUNSEL of the legal officer of the Bureau of Internal Revenue (BIR) in Davao Region, who was nabbed for alleged robbery extortion, said the arrest of his client does not justify the whole story.
In an interview on Friday, lawyer Ramon Edison C. Batacan, counsel for lawyer Roderick Orallo, said the complainant is allegedly facing a tax liability case with the BIR.
"I pity these CIDG (Criminal Investigation and Detection Group) people because they are being used, unconsciously on their part, by the complainant so that he can have leverage against the BIR in order that his cases would be dismissed," he told Sun.Star Davao.
"The alleged bribe money is not bribe money," he said, adding that it was the penalty the complainant Dr. Edgar Delibo was about to pay to the accused.
According to Batacan, the counsel for the complainant was trying to seek amicable settlement with the Internal revenue bureau as his client has two cases before BIR.
"What happened was actually with the knowledge of his boss and with the Special Investigation Division of the BIR. This is not unnatural because it happens all the time," Batacan said.
Batacan said the accused was amenable with the settlement thus, the latter advising the complainant to pay a fine worth P50,000 for the two cases.
"If that is a case of robbery or extortion, can you do that in front of the public? Atty. Orallo is not that stupid to go there and expose himself to that kind of crime in front of the public. After that, ginawa ni Delibo is gilagay niya sa bulsa ni Atty. Orallo," he said.
Orallo was then collared by CIDG personnel.
"Robbery is the taking of property with force upon things. How can that be?" Batacan said.
Several BIR employees went to the CIDG office to show their support for Orallo. Batacan added that it's very unfortunate Orallo was arrested by operatives of CIDG at the lobby of the Apo View Hotel around 12:30 p.m. Thursday.
The CIDG launched an entrapment operation against Orallo based on the complaints of Delibo.
CIDG deputy chief Edilberto Leonardo earlier said Orallo was caught in the act of receiving P50,000 cash from the complainant.
"Kahapon, nagtext si Dr. Delibo sa amin at ipinaalam sa amin ni piniperahan siya. At kaninang umaga, pumunta siya sa opisina kaya ginawa namin ang entrapment operation," Leonardo said.
Lawyer Felix Pepito, chief of BIR legal division, confirmed on Thursday the arrest of Orallo and Delibo's pending case before the BIR.
"Delibo's case was filed last month and it remains pending," he said.
In the affidavit-complaint, Delibo said the legal department of the BIR filed a criminal case against him for violation of Tax Code for alleged possession of double sets of receipts before the City Prosecution Office sometime in July this year.
He said he initiated to settle the case amicably with the BIR.
He claimed Orallo told him that his case will be settled amicably provided that he would pay P50,000.
"Atty. Orallo explained that the P20,000 of the P50,000 will go to the coffers of the government and the remaining P30,000 will go to the personnel of the BIR office," Delibo said in his affidavit.
He said he later realized that the demand of P30,000 which would "redound to the benefits of the BIR personnel was so gross".
He then decided to seek assistance from CIDG-Davao region for an entrapment operation.
Delibo filed robbery extortion against Orallo.
Delibo is the proprietor of Dok Alternatibo Herbal Products located is Digos City, Davao del Sur.
As of press time, Orallo through his another counsel lawyer Caesar Europa asked RTC Branch 16 to allow him to post P100,000 bail.
Europa, in his petition, said based on the DOJ Circular No. 89 (The 2000 Bond Guide), the maximum possible recommended bail for robbery extortion is pegged at P100,000.
Batacan said they are studying the case and mulling to file multiple charges against Delibo.
Batacan said among the possible charges would be perjury and estafa.
As of the press time, efforts to reach Delibo and his counsel proved futile. (Arianne Caryl N. Casas)
Published in the Sun.Star Davao newspaper on September 29, 2012.