Tuesday, August 23, 2005
Sardido lawyer answers counsel of 34 physicians
By Antonio M. Ajero
LAWYER Ramon Edison C. Batacan, counsel for Revenue District Officer Evelyn Sardido, said Monday he stands by his opinion that the 34 physicians "may go to jail if prosecuted and convicted for various offenses under the NIRC (National Internal Revenue Code) judging from the documentary evidence" that he has reviewed.
In a statement, Batacan, past Davao City chapter president of the Integrated Bar of the Philippines, said "any lawyer worth his salt would advise his client to reconsider and compromise rather than give him false semblance of relief, worse, suing the RDO for doing her job."
He said the doctors could not have felt embarrassed but thankful since they were forewarned of their imminent situation.
"How can these doctors claim they were deprived of due process when they were given the chance to amend their tax returns?" Batacan said, adding that as a matter of fact, they submitted amended tax returns but only for the Bureau of Internal Revenue to find out "they bloated their expenses."
He clarified that under a BIR regulation, only downward adjustments in expenses and upward adjustments in income may be allowed.
What is more surprising, he said, is that almost all of these doctors have one and same accountant, "which in a way, shows a sinister pattern or design in the way their tax returns were prepared."
"It can be surmised that these doctors might have been unaware of their correct tax liability under existing BIR rules," he said, adding that the doctors should have considered seeking a second opinion, as patients usually do of medical findings.
Batacan also said that the doctors' lawyer, Froilan Melendrez, "should not skirt the issue and ought to know better that I am only doing my job as a lawyer, declaring that by representing RDO Sardido, I am not only defending her but necessarily the BIR as an institution."
"By assailing my right to opine, rather than facing the issue squarely, he is now engaging in a squid tactic--a losing approach. Trabaho lang, walang personalan."
The former IBP-Davao City president was responding to Melendrez' published criticism of Batacan's having issued an opinion that his client doctors may go to prison if charged and convicted of tax fraud.
Melendrez said "her legal counsel (referring to Batacan) is not even a lawyer of the BIR nor from the prosecution office. Who is he to say that our clients should be prosecuted for tax fraud and eventually land in jail if convicted?"
On the statement of Melendrez that his clients are preparing a petition for a lifestyle check for Sardido, Batacan said, "I hope he will also welcome the prospect of having his clients undergo 'net worth' check as I welcome lifestyle check on my client."
For Bisaya stories from Davao. Click here. (August 23, 2005 issue)
Write letter to the editor.Click here.
Join the Sun.Star message board.Click here. |
